Individual Application

Şahin Alpay (2), Application No: 2018/3007, Date of Judgment: 15/372018 (Violation of Right to Personal Liberty and Security due to Failure to Redress Previously Found Violation and Its Consequences)2.4.2018

Aydin Yavuz and others, Application No: 2016/22169, Date of Judgment: 20/6/2017 (Article 19 of the Constitution, no violation of the right to liberty and security)14.2.2018

Abdulselam Tutal and others Application No: 2013/2319, Date of Judgment:8/4/2015(Article 36 of the Constitution was violated as the applicants could not benefit from legal assistance of a lawyer under custody- VIOLATION, the right to a fair trial)14.8.2017

Kristal-İş Trade Union Application No: 2014/12166, Date of Judgment: 2/7/2015 (Article 51 of the Constitution was violated- VIOLATION, the right to form trade unions)9.8.2017

Rida Boudraa Application No: 2013/9673, Date of Judgment: 21/1/2015 (Article 19 §§ 2 and 8 of the Constitution was violated- VIOLATION, the right to liberty and security of person)2.8.2017

Ali Rıza Üçer Application No: 2013/8598, Date of Judgment: 2/7/2015(The freedom of expression guaranteed in Article 26 of the Constitution was violated- VIOLATION, freedom of expression)6.7.2017

Tansel Çölaşan Application No: 2014/6128, Date of Judgment: 7/7/2015(The freedom of expression guaranteed in Article 26 of the Constitution was violated- VIOLATION, freedom of expression)6.7.2017

Ahmet Saygılı and Şefika Saygılı Application No: 2013/135, Date of Judgment: 21/1/2015 (The principle of legal certainty was violated- VIOLATION, right to a fair trial)*12.6.2017

Kamuran Reşit Bekir Application No: 2013/3614, Date of Judgment: 8/4/2015 (The freedom of access to information and opinions guaranteed in Article 26 of the Constitution was violated- VIOLATION, freedom of expression)*8.6.2017

Filiz Aka Application No: 2013/8365, Date of Judgment: 10/6/2015 (The obligation to conduct an effective investigation within the scope of the right to life was violated- VIOLATION, right to life under its procedural aspect)*2.6.2017

Osman Erbil, Application No: 2013/2394, Date of Judgment: 25/3/2015 (the applicant’s right to hold meetings and demonstration marches which is guaranteed in Article 34 of the Constitution was violated-VIOLATION, freedom of assembly).*31.5.2017

Eren YILDIZ, Application No: 2013/759, Date of Judgment: 7/7/2015 (the applicant’s freedom of communication secured under Article 22 of the Constitution was violated due to unlawful seizure of a letter sent to him in prison - VIOLATION, freedom of communication).11.12.2015

İlker BAŞER and others, Application No: 2013/1943, Date of Judgment: 9/9/2015 (the procedural aspect of the applicants' right to life was violated due to unreasonable length of trial proceedings - VIOLATION, positive liability of the State to protect right to life).9.9.2015

Hayriye Özdemir, Application Nr: 2013/3434, Date of Judgment: 25/6/2015 (the court dismissed the case filed by the applicant for changing the surname of the child whose right of custody was given to her after divorce– VIOLATION, right to respect for family life).*25.6.2015

Nurten ESEN, Application Nr: 2013/7970, Date of Decision: 10/6/2015 (court did not provide relevant and sufficient answers about an issue influential on the result of the case – VIOLATION, right to a reasoned decision under the scope of right to a fair trial).10.6.2015

Fikriye AYTİN and Others, Application Nr: 2013/6154, Date of Decision: 11/12/2014 (punishment of politicians for kurdish propaganda – violation of freedom of expression and the principle of no punishment without law)11.12.2014

Ali İlhan BAYAR Application Nr: 2013/725, Date of Decision: 19/11/2014 (the applicant’s request to make his defense in Kurdish was rejected in accordance with the relevant constitutional provision as he is fluent in Turkish – INADMISSIBLE, manifestly ill-founded).*19.11.2014

Fatih TAŞ, Application Nr: 2013/1461, Date of Decision: 12/11/2014 (postponement of the prosecution about the applicant violates the freedom of expression and 8 years 10 months and 6 days trial before the courts of instance violates right to trial in a reasonable time; –VIOLATION, freedom of expression and right to trial in a reasonable time).*12.11.2014

Tuncay ALEMDAROĞLU, Application Nr: 2012/827, Date of Decision: 15/10/2014 (the court did not take swift action to prevent the accused go unpunished and the criminal action became ineffective after all – VIOLATION, procedural aspect of personal inviolability, corporeal and spiritual existence of the individual).*15.10.2014

Sami ÖZBİL, Application Nr: 2012/543, Date of Decision: 15/10/2014 (the statements taken under custody without legal counsel were used as decisive evidence in the making of court judgment. – VIOLATION, right to a fair trial).*15.10.2014

Tayfun CENGİZ, Application Nr: 2013/8463, Date of Decision: 18/9/2014 (the applicant, a public officer, was punished for participation in trade union activities – VIOLATION, freedom of assembly and association).*18.9.2014

Salih ÜLGEN and others, Application Nr: 2013/6585, Date of Decision: 18/9/2014 (one of the applicants, thirteen years old, entered the minefield with warning sign at the Turkish-Iranian border while grazing animals with two friends at the age of eleven and twelve and was injured at various places in his body in the result of mine explosion. The trial process longer than six years seven months exceeds reasonable time period – VIOLATION, positive liability of the State to protect right to life; right to trial within a reasonable time).*18.9.2014

Yaşar KAYA, Application Nr: 2013/8694, Date of Decision: 23/7/2014 (claims that articles 19 and 38 of the Constitution have been violated as the applicant’s detention exceeded the reasonable time period – VIOLATION, lengthy detention beyond reasonable period)*23.7.2014

Mansur YAVAŞ and Republican People's Party, Application Nr: 2014/5425, Date of Decision: 23/7/2014 (claims that the right to free election, to fair trial and the freedom of expression were violated in relation to the rejection of the request to cancel the local elections– INADMISSIBLE, ratione materiae)*23.7.2014

İbrahim Can KİŞİ, Application Nr: 2012/1052, Date of Decision: 23/7/2014 (claims that applicant was deprived of a certain portion of his compensation with the decision of the HMAC where the his request for amendment was not taken into consideration and that the right to access to court was violated– VIOLATION, right to access to court)*23.7.2014

Cezmi DEMİR and others, Application Nr: 2013/293, Date of Decision: 17/7/2014 (the punishment given did not create a deterring impact which could ensure the prevention of crime and no effective investigation carried out in the concrete incident –VIOLATION, personal inviolability, corporeal and spiritual existence of the individual ).*17.7.2014

Cemil DANIŞMAN, Application Nr: 2013/6319, Date of Decision: 16/7/2014 (no effective investigation carried out in the concrete incident –VIOLATION, the positive liability of the State to conduct an effective investigation with regards to right to life).*16.7.2014

The Turkish Association of Pensioners, Application Nr: 2012/1035, Date of Decision: 17/7/2014 (the applicant was asked with a court decision to terminate the utilization of his immovable as a branch of the association. Such use of immovable requires unanimous consent of flat owners – NO VIOLATION, right to property).*17.7.2014

Rahil DİNK and others, Application Nr: 2012/848, Date of Decision: 17/7/2014 (the prosecution against public officers and authorities alleged to have liability and negligence in the murder proved to be ineffective– VIOLATION, state's procedural liability with regards to right to life).*17.7.2014

Nilgün HALLORAN, Application Nr: 2012/1184, Date of Decision: 16/7/2014 (claims that her freedom of expression and dissemination of thought protected under article 26 of the Constitution was violated – NO VIOLATION, no expediency review of the court rulings by the Court)*16.7.2014

Mesude YAŞAR, Application Nr: 2013/2738, Date of Decision: 16/7/2014 (claims that applicant’s right to a fair trial was violated because of the court’s rejection that she left her village due to terrorist acts and activities – VIOLATION, right to a fair trial)*16.7.2014

İlhan CİHANER, Application Nr: 2013/5574, Date of Decision: 30/6/2014 (the court of first instance evaluated the exaggerated statements about the applicant remain within the limits of conformity to law – NO VIOLATION, the right to protect material and spiritual existence).*30.6.2014

Aktif Elektrik Müh. İnş. San. ve Tic. Ltd. Şti., Application Nr: 2012/855, Date of Decision: 26/6/2014 (claims that applicant’s right to access to court(appeal) was violated because of the first instance court’s misstatement of the verdict– VIOLATION, right to access to court)*26.6.2014

Zekiye ŞANLI, Application Nr: 2012/931, Date of Decision: 26/6/2014 (intervention of the legislative taken place after the commencement of the trial - violation of the principle of equality of arms)*26.6.2014

Bülent KARATAŞ, Application Nr: 2013/6428, Date of Decision: 26/6/2014 (non-notification of confidential documents - violation of the principle of equality of arms and the right of adversarial trial)*26.6.2014

Murat DAŞ, Application Nr: 2013/3063, Date of Decision: 26/6/2014 (the interpretation and application of the rules of law during the trial – violation of right to a fair trial)*26.6.2014

Tuğba ARSLAN, Application Nr: 2014/256, Date of Decision: 25/6/2014 (Judgment on the case of attorney wearing headscraf)*25.6.2014

Abdullah ÖCALAN, Application Nr: 2013/409, Date of Decision: 25/6/2014 (Judgment on the case of Öcalan)*25.6.2014

Hanefi AVCI, Application Nr: 2013/2814, Date of Decision: 18/6/2014 (Judgment on the right to personal liberty and security and right to an effective remedy)*18.6.2014

Sencer BAŞAT and others, Application Nr: 2013/7800, Date of Decision: 18/6/2014 (Judgment on Sledgehammer)*18.6.2014

Youtube LLC Corporation Service Company and others, Application Nr: 2014/4705, Date of Decision: 29/5/2014 (Judgment on blockage of a social media website “youtube”)*29.5.2014

Mehmet ÇETİNKAYA and others, Application Nr: 2013/1280, Date of Decision: 28/5/2014 (Judgment on the right to life & right to a fair trial)*28.5.2014

E.T.Y.İ. A.Ş., Application Nr: 2013/596, Date of Decision: 8/5/2014 (the trial before the courts of instance lasted for a total period of 5 years and 17 days –VIOLATION, right to trial in a reasonable time).*8.5.2014

İsmet KAYA, Application Nr: 2013/2294, Date of Decision: 8/5/2014 (migration due to terrorism incidents - INADMISSIBLE as "arguments are maifestly ill-founded")*8.5.2014

Sinem HUN, Application Nr: 2013/5356, Date of Decision: 8/5/2014 (judgment on hate speech allegation)*8.5.2014

Aziz TURHAN, Application Nr: 2012/1269, Date of Decision: 8/5/2014 (Judgment on violation of the right to a reasoned decision)*8.5.2014

Tülay ŞAHİN, Application Nr: 2013/1568, Date of Decision: 8/5/2014 (Judgment on right to property and right to a fair trial)*8.5.2014

Karlis A.Ş., Application Nr: 2013/849, Date of Decision: 15/4/2014 (to be prescribed in the law – violation of the principle of lawfulness in crime and in punishment)*15.4.2014

Mehmet Ali İNCESU, Application Nr: 2013/2253, Date of Decision: 15/4/2014 (Judgment on the right to trial in a reasonable time in criminal procedures)*15.4.2014

Nail ARTUÇ, Application Nr: 2013/2839, Date of Decision: 3/4/2014 (medical negligence)*3.4.2014

Kenan YILDIRIM and others, Application Nr: 2013/711, Date of Decision: 3/4/2014 (Judgment on right to property and to a fair trial)*3.4.2014

Yaman AKDENİZ and others, Application Nr: 2014/3986, Date of Decision: 2/4/2014 (Judgment on blockage of a social media website “twitter”)*2.4.2014

Hayrettin EKİM, Application Nr: 2013/3442, Date of Decision: 20/3/2014 (Judgment on the right to trial in a reasonable time in civil procedures)*20.3.2014

Vesim PARLAK, Application Nr: 2012/1034, Date of Decision: 20/3/2014 (Judgment on violation of the right of access to a court)*20.3.2014

Selçuk EMİROĞLU, Application Nr: 2013/5660, Date of Decision: 20/3/2014 (Judgment on the legitimate expectation concerning the right to property)*20.3.2014

Fatih BİROL and others, Application Nr: 2013/19, Date of Decision: 7/3/2014 (Judgment on the case of soldier’s commitment of suicide during military service)*7.3.2014

Mehmet İlker BAŞBUĞ, Application Nr: 2014/912, Date of Decision: 6/3/2014 (claims that the applicant was deprived of his personal liberty since his request for release was not efficiently examined by the court and court decision could not be appealed as the reasoned decision was not announced – VIOLATION, right to personal liberty and security)*6.3.2014

Celalettin AŞÇIOĞLU, Application Nr: 2013/1436, Date of Decision: 6/3/2014 (the intervention to the immovable belonging to the applicant in the form of confiscation without expropriation – violation of right to property)*6.3.2014

Gülsim GENÇ, Application Nr: 2013/4439, Date of Decision: 6/3/2014 (Judgment on utilization of maiden name on its own by a married woman)*6.3.2014

İsmail TAŞPINAR, Application Nr: 2013/3912, Date of Decision: 6/2/2014 (the decision of the Presidency of the District Election Board of Akdeniz, which is the subject matter of the application, is rendered in a final manner in accordance with law –INADMISSBLE, manifestly ill-founded).*6.2.2014

Sebahat TUNCEL, Application Nr: 2012/1051, Date of Decision: 20/2/2014 ( “ban on leaving the country” is not disproportionate to the pursued aims as the applicant can fulfill her duties as a deputy – NO VIOLATION, right to elect, to be elected and to engage in political activity).*20.2.2014

Faik GÜMÜŞ, Application Nr: 2012/603, Date of Decision: 20/2/2014 (participate in the hearing – violation of right to a fair trial)*20.2.2014

Emin AYDIN, Application Nr: 2013/2602, Date of Decision: 23/1/2014 (violation of the the freedom of expression and the press)*23.1.2014

Ercan KANAR, Application Nr: 2013/533, Date of Decision: 9/1/2014 (Judgment on the right to a fair trial and the right to respect for private life)*9.1.2014

Mustafa Ali BALBAY, Application Nr: 2012/1272, Date of Decision: 4/12/2013 (detention of members of legislator – violation of right to freedom and security and right to be elected)*4.12.2013

İhsan Doğramacı Bilkent University, Application Nr: 2013/1430, Date of Decision: 21/11/2013 (the applicant, a university which has a public legal personality, does not have the capacity to file individual application – INADMISSIBLE, ratione personae)*21.11.2013

Ş. Ç., Application Nr: 2012/1061, Date of Decision: 21/11/2013 (claims that the right to fair trial is violated as the applicant is tried before High Military Administrative Court – INADMISSIBLE, manifestly ill-founded)*21.11.2013

Firas ASLAN and others, Application Nr: 2012/1158, Date of Decision: 21/11/2013 (claims that right to personal liberty and security have been violated as the opinion of the Chief Public Prosecutor was not notified to the applicants or their attorneys – VIOLATION, right to personal liberty and security)*21.11.2013

Mehmet Ali EMİR and others, Application Nr: 2012/850, Date of Decision: 7/11/2013 (the failure to conduct an effective and deterrent criminal investigation – violation of right to life)*7.11.2013

Kamil KOÇ, Application Nr: 2012/660, Date of Decision: 7/11/2013 (extraordinary interpretation of the clear procedural rules – violation of right to access to court)*7.11.2013

Özkan ŞEN, Application Nr: 2012/791, Date of Decision: 7/11/2013 (proportionality of counsel's fee – violation of right to access to court)*7.11.2013

Ramazan TOSUN, Application Nr: 2012/998, Date of Decision: 7/11/2013 (claims that presumption of innocence was violated as High Military Administrative Court referred in its decision to a criminal case which ended up in acquittal of the applicant – VIOLATION, right to a fair trial)*7.11.2013

Adnan OKTAR, Application Nr: 2013/514, Date of Decision: 2/10/2013 (a decision of "no grounds for prosecution" in the applicant’s claim that an offense of libel aimed at his person was committed via the website named as "www.facebook.com" – INADMISSIBLE, ratione materiae, non-exhaustion of legal remedies & manifestly ill-founded)*2.10.2013

Serpil KERİMOĞLU, Application Nr: 2012/752, Date of Decision: 17/9/2013 (Judgment on the the right to life and negative/positive obligations of the State)*17.9.2013

Hayrettin AKTAŞ, Application Nr: 2013/1205, Date of Decision: 17/9/2013 (claims that rights to a fair trial, property and inviolability of domicile were violated in an expropriation of property – INADMISSIBLE, ratione materiae, non-exhaustion of legal remedies & manifestly ill-founded)*17.9.2013

Güher ERGUN and others, Application Nr: 2012/13, Date of Decision: 2/7/2013 (Judgment on the right to right to trial within a reasonable period)*2.7.2013

Necmettin DOĞRU, Application Nr: 2013/1337, Date of Decision: 16/5/2013 (dismissal of a police chief’s request towards his being considered as a group (A) police chief – INADMISSIBLE, ratione materiae)*16.5.2013

Burak DÖNER, Application Nr: 2012/521, Date of Decision: 2/7/2013 (the maximum detention period - violation of right to freedom and security)*2.7.2013

Mehmet MERCAN, Application Nr: 2013/2001, Date of Decision: 16/5/2013 (application must be made within thirty days from the exhaustion of legal remedies; or from the date when the violation is known if no remedies are envisaged – INADMISSIBLE, statute of limitations)*16.5.2013

Nurdan SESİZ, Application Nr: 2012/317, Date of Decision: 16/4/2013 (the trial proceedings of the applicant lasted for approximately eleven years, which is beyond reasonable time– VIOLATION, right to trial in a reasonable time)*16.4.2013

Ayşe ZIRAMAN and Cennet YEŞİLYURT, Application Nr: 2012/403, Date of Decision: 26/3/2013 (applicants' request for correction is in pending status before Civil Chamber of the Supreme Court of Appeals – INADMISSIBLE, non-exhaustion of legal remedies)*26.3.2013

Zafer ÖZTÜRK, Application Nr: 2012/51, Date of Decision: 25/12/2012 (the court ruling subject to application was finalized before the date of 23/9/2012, which is determined as the date on which the examination of individual applications was initiated – INADMISSIBLE, ratione temporis)*25.12.2012

Mukhtar's Office of Büğdüz Village, Application Nr: 2012/22, Date of Decision: 25/12/2012 (claims that the right to fair trial is violated in a conflict between villages on summer range and pasture – INADMISSIBLE, ratione personae)*25.12.2012

Turkish Association of Pediatric Oncology Group, Application Nr: 2012/95, Date of Decision: 25/12/2012 (claims that the rights of applicant’s members are violated with amendments to certain laws – INADMISSIBLE, ratione personae)*25.12.2012

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