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Murat Aksoy v. Turkey, No. 80/17, ECtHR (Second Section), 13 April 2021

Abstract

Pre-trial detention of a journalist, on account of articles and publications he had written for newspapers or social media, in which he had criticised the government in the wake of the attempted military coup of 15 July 2016 and the following declaration of a state of emergency in Turkey.

Normative references

Art. 5 ECHR
Art. 10 ECHR

Ruling

The pre-trial detention of critics create numerous negative effects, both for the person detained and for society as a whole, since to impose a measure resulting in deprivation of liberty inevitably has a chilling effect on freedom of expression by intimidating civil society and silencing dissenting voices.
(In the present case, concerning the arrest and pre-trial detention of a journalist because of his critical views on the policies of the government, the European Court held that that there had been a violation of the right to liberty and security and to freedom of expression under articles 5 §1 and 10 ECHR, thus confirming the conclusions previously reached by the Turkish Constitutional Court).

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