Restriction to freedom of expression: the Öner and Türk group of cases

Öner and Türk group of cases v Turkey (51962/12) Nedim Şener group v Turkey (38270/11) and Altuğ Taner Akçam group v Turkey (27520/07)

Briefed on: 1 March 2024, 28 February 2023, 25 May 2021 and 21 February 2020

These groups mainly concern unjustified and disproportionate interferences with the applicants’ freedom of expression on account of criminal proceedings initiated under various articles of the Criminal Code or Anti-Terrorism Law for having expressed opinions that did not incite hatred or violence, and the consequent chilling effect on society as a whole (Article 10).

Documents from the March 2024 briefing:

• Powerpoint presentation by Batikan Erkoc, MLSA, Özlem Zingil and Idil Özcan, Hafiza Merkezi

• Rule 9.2 Communication from MLSA (January 2024)

• Rule 9.2 Communication from Hafiza Merkezi (January 2024)

• Rule 9.2 Communication from the Human Rights Association (January 2024)

Documents from the February 2023 briefing:

• Powerpoint by Mümtaz Murat Kök, Project Coordinator and Editor at the Media and Law Studies Association.

• Rule 9.2 Communication by MLSA (January 2023)

Documents from the May 2021 briefing:

• Powerpoint of Aslı Ece Koçak, Editor and Project Coordinator, the Media and Law Studies Association

• Rule 9.2 - Communication from an NGO (İfade Özgürlüğü Derneği (İFÖD - Freedom of Expression Association)) (03/05/2021) in the Oner and Turk, Nedim Sener, Altug Taner Akcam and Artun and Guvener groups of cases of v. Turkey

• Rules 9.2 and 9.6 - Communication from an NGO (Media and Law Studies Association) (28/04/2021) in the cases of ONER AND TURK GROUP, NEDIM SENER GROUP, ALTUG TANER AKCAM GROUP and ARTUN AND GUVENER GROUP v. Turkey and reply from the authorities (20/05/2021)

The Media and Law Studies Association (MLSA) is a Turkish non-profit (registered as Medya ve Hukuk Çalışmaları Derneği) founded in late 2017 to respond to an urgent yet growing need for going back to democracy and normalization in Turkey. The group of cases was briefed in May 2021 by Aslı Ece Koçak, Editor and Project Coordinator at MLSA.

The main recommendations of MLSA are as follows:

Documents from the February 2020 briefing:

• Powerpoint of Kerem Altiparmak, Freedom of Expression Association (IFÖD)

• Rules 9.2 and 9.6 - Communication from a NGO (The Freedom of Expression Association (İfade Özgürlüğü Derneği - IFÖD)) (22/01/2020) in the cases of Altug Taner Akcam v. Turkey (27520/07), Nedim Sener v. Turkey (38270/11) and Oner and Turk v. Turkey (51962/12) and response from the Turkish authorities (30/01/2020) [Anglais uniquement] [DH-DD(2020)92]

• Rule 9.2 by Article 19 and the Turkey Human Rights Litigation Support Project on the Öner and Türk case (January 2020)

• Action report (12/02/2020) - Communication from Turkey concerning the case of ONER AND TURK v. Turkey (Application No. 51962/12) [Anglais uniquement] [DH-DD(2020)139]

• Action plan (07/01/2020) - Communication from Turkey concerning the ONER AND TURK group of cases v. Turkey (Application No. 51962/12) [Anglais uniquement] [DH-DD(2020)20]

Kerem Altiparmak spoke on behalf of İfade Özgürlüğü Derneği (İFÖD – Freedom of Expression Association), a non-profit and non-governmental organization aimed to protect and foster the right to freedom of opinion and expression in Turkey.

He updated the Committee of Ministers concerning the legislative and executive developments with respect to the ongoing lack of full and effective implementation of general measures in Öner and Türk group cases (no. 51962/12). His presentation was based on a Rule 9.2 submission on this group of cases, published by IFÖD in January 2020.