Tag Archives: European Court of Human Rights


January 25, 2018

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On 25 January 2018 the ECtHR issued its Judgement in the case J.R. and Others v. Greece.
Despite other aspects of criticism one may have about this Judgement (and these are many), the Human Rights Defenders Support Network alerts on what is clearly a dangerous precedent for human rights lawyers in Europe, regarding the art.34 ECHR complaint (par.148-153 of the Judgement) “added” by the German Lawyer representing the applicants at the Observations stage.

Some months after the ECHR application was lodged, the 1st applicant was called to the police station of hios, where he was made to answer questions under oath about the EHR application he had lodged and about his contacts and his correspondence with his lawyer. He claimed that his summoning and the interrogation he was subjected to had an intimidating effect on him and that these events cannot be interpreted differently than an attempt to dissuade him from continuing with his application.

The Government declared that in establishing the facts of the EHR case, it estimated as necessary to verify the duration of the applicants’ stay (sic) in Vial and where they stayed after leaing Vial, that allegedly being the only reason why the 1st applicant was called to have “a conversation” with a policeman, in the presence of an interpreter. The reiterated that the Greek authorities facilitate the exercise of art.34 ECHR right to any person in their territory and, in particularr, by orregular migrants finding themselves in detention and “reception” centres.




France/European Court of Human Rights: Liberté d’expression de l’avocat & protection des magistrats

le 25 janvier, 2018

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La sanction disciplinaire infligée à l’avocat Francis Szpiner qui avait tenu des propos injurieux à l’encontre de l’avocat général (Philippe Bilger) n’est pas excessive.

CEDH, 25 janv. 2018, n° 2316/15, Szpiner c/ France

Le communiqué : http://hudoc.echr.coe.int/eng?i=003-5982671-7654988

L’arrêt : http://hudoc.echr.coe.int/eng?i=001-180479

(Fil DROIT Facebook)


Turkey: It is high time for the European Court of Human Rights to step in!

January 17, 2018

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The Arrested Lawyers Initiative has launched a campaign via change.org entitled “It is high time for the European Court of Human Rights to step in!

Only in last 24 hours 1647 people supported the campaign.

It is high time for the European Court of Human Rights to step in!

Turkey witnessed a coup attempt on 15 July 2016.


The 3-month State of the Emergency regime which was declared immediately after the coup attempt (21/07/2016) by the Cabinet “to preserve the democratic order” has since been extended for five times.

Despite calls by the European Union, the Council of Europe, and the Venice Commission and numerous human rights institutions for the Turkish government to end it, the State of Emergency Regime remains in effect.

In defiance of it purpose, The Turkish government has subversively used the State of Emergency Regime against the country’s democratic parliamentary system, the rule of law and human rights.

During the state of emergency, so far;

  • 28 deputies have been taken into custody, duly elected mayors of 90 different towns/cities have been removed from office,
  • 61,247 individuals, including 16 deputies, two members of the Constitutional Court, 193 members of the Court of Cassation, 2360 judges and prosecutors, 571 lawyers and 308 journalists  have been arrested,

It is high time for the European Court of Human Rights to step in!





Turkey: ECtHR Asks Turkish Government For Explanation Over The Case Of Abducted Lawyer

August 7, 2017

The European Court of Human Rights (ECtHR) has decided to evaluate the application of Emine Özben whose husband Mustafa Özben (42), a Bar-registered lawyer and academic, was abducted on May 9, 2017 in Ankara  by elements linked to Turkish security and intelligence services on August 4, 2017.

The lawyer of Emine Özben lodged a complaint form against Turkish government on July 28, 2017 requesting the ECtHR under Rule 39 of the Rules of Court to indicate to the government that an effective investigation be conducted to find the applicant’s husband.

The top European court has decided to put the file in process and requested information from the Turkish government. The court had set a deadline of September 1, 2017 for Ankara to respond.

These are the questions ECtHR asked to Turkish government:

– What steps have been taken by the police officers in order to find the applicant’s husband whose abduction was notified by eyewitnesses to the emergency services (155) immediately afterwards?

– What steps have been taken by the investigating authorities, in particular the relevant prosecutors, in the investigation into the abduction of the applicant’s husband?





Turkey’s Humanitarian Crisis Brought The ECtHR Into Disrepute

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Turkey: Wife Accuses Turkey’s Intel Of Abducting Her Husband, Files A Complaint With Top Court

July 21, 2017

Emine Özben whose husband was abducted in Ankara two months ago took her case to the Turkish Constitutional Court (AYM) by filing a complaint on rights violations after her repeated pleas for an effective investigation into the case was rejected by the Turkish Police and prosecutors.

Mustafa Özben, a Bar-registered lawyer and academic at Turgut Özal University that was shut down by the government in July 2016 over alleged link to the Gülen movement, was abducted on May 9, 2017, by what elements linked to Turkish security and intelligence services.

In a petition filed by Emine Özben, a copy of which was obtained by SCF, it is stated that petitioner has exhausted all available and effective remedies before the Constitutional Court and requested that her husband to be found immediately.

It is also claimed that Turkey is in flagrant violation of Article 2 (protecting the right of every person to their life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment) and Article 5 (providing that everyone has the right to liberty and security of person) of The European Convention on Human Rights (ECHR).

Emine Özben claimed that she and their kids suffered from the trauma that may also amoun to breach of Turkey’s obligations under protections of the ECHR.






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Turkey/Germany: German Lawyers Criticize ECtHR’s Rejection Of Applications From Turkey

June 19, 2017

The German Bar Association (DAV) has criticized the European Court of Human Rights (ECtHR), which rejected applications concerning post-coup worker purges in Turkey on the grounds that domestic remedies had not been exhausted, Deutsche Welle reported on Sunday.

According to the report, DAV asked the ECtHR to ease the legal conditions necessary to accept applications from Turkey.

DAV Chief Ulrich Schellenberg, who criticized the rejection of applications from Turkey, said there was no working state of law in Turkey and that Turkey could not be compared with other European countries in terms state of law principles. Schellenberg added that the condition of exhausting domestic remedies had to be considered in a different light if one-third of judges and prosecutors were arrested in a short period of time and free advocacy could not be conducted due to oppression in a country.

A ruling by the ECtHR on last Monday turned down an application by a fired Turkish teacher on the grounds that he had not yet exhausted all domestic remedies. The European court referred to a commission that was announced by the Turkish government to review situations of state workers who have been dismissed by government decrees following a failed coup attempt on July 15, 2016, as a means of solution for Gökhan Köksal, a Turkish primary school teacher who had submitted a petition for the court to hear his case.


Turkey’s Humanitarian Crisis Brought The ECtHR Into Disrepute