EIN Civil Society Briefing March 2024 - Greece, Türkiye, Moldova and Italy

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On the 1st of March 2024, EIN held the latest civil society briefing for permanent Representations of the Council of Europe, ahead of the 1492nd Committee of Ministers Human Rights Meeting which takes place between 12th – 14th March 2024. The event was held in person in Strasbourg, and facilitated by Ioulietta Bisiouli, EIN Director.

The Briefing focused on the following cases:


The Nisiotis Group v Greece group of cases concern the inhuman and/or degrading treatment of the applicants on account of the poor conditions of detention of the applicants in overcrowded prisons in Greece (violations of Article 3). The findings in the cases in this group include: overpopulation in prisons; inadequate medical services in prison; deficiencies in infrastructure: lack of dinning place, inadequate ventilation, lack of toilet doors, inadequate heating, as well as the lack of an effective remedy in respect of the applicants’ complaints concerning the conditions of their detention (Article 13). 

Hellenic League for Human Rights highlighted major findings of the Convention for the Prevention of Torture (CPT) in respect of Greece:

  • Prison conditions and Overpopulation and Understaffing – untrained staff.

  • No effective complaints system.

  • Lack of a long-term policy and a strategic plan.

  • Inter-prisoner violence.

    Transfer of prisoners by police vehicles.

  • Ref: CPT report 2022  and CPT report 2023  

Hellenic League for Human Rights discussed current trends and obstacles:

  • Prison population is at 10,270. All closed prison establishments suffer from extreme occupancy that constantly exceeds maximum capacity.

  • Average occupancy of closed prisons: 120-160%

  • Average occupancy of open prisons: 35-60%

  • No social work and minimal to no use of monitoring bracelet 

Hellenic League for Human Rights addressed what the Greek government has done so far:

  • The Greek government announced the establishment of new prisons. The new prison of Drama is operational (only one wing).

  • A number of new staff was hired in 2023-2024.

  • A new domestic remedy was adopted in October 2022 [Art 6a of the Penitentiary Code].

… and what the Greek government has failed to do:

  • The recommendations addressed by the CPT are in most of the cases still not implemented.

  • The findings of the ECtHR as regards Art. 3 (overpopulation and material prison conditions) are not efficiently redressed.

  • The findings of the ECtHR as regards Art. 13 (domestic remedy) are not efficiently redressed.

Hellenic League for Human Rights raised the following concerns about ineffective implementation:

  • Overcrowding is still an enduring structural problem affecting a large number of detainees.

  • There is a high number of friendly settlements concluded between the Government and the applicants amounts to acknowledgment that prison conditions do not comply with Art. 3.

  • New provisions of the Criminal Code will cause serious increase of prison population.

  • The expected new prison establishments are not going to solve the problem of overpopulation (CPT 2022, paras. 13, 16).

  • No measures have been taken in order to redress inadequate transfers of prisoners by police vehicles.

  • No measures have been taken as regards disciplinary cells.

  • The domestic remedy introduced in October 2022 (Art. 6a Pen. Code) is not effectively implemented.

  • All 350 applications of Art. 6a have been rejected by the Court Councils. All relevant decisions were outdated.

  • Already, the Greek Ombudsman (2024) said that Art. 6a “is not an adequate measure to improve detention conditions when they amount to a violation of Art. 3 ECHR”.

The NGO requested the Committee of Ministers to ask the Greek authorities to:

  • Draft and enforce a genuine “Strategic plan” after dialogue with stakeholders setting a specific timetable, ensuring funding sources, and indicating specific sustainable measures for decongestion.

  • Start working with the most highly overpopulated prisons (Komotini, Korydallos, Ioannina, Volos, Nafplion, Tripoli, Chios). Implement alternative measures (social work) and expand rural prisons.

  • Guarantee regular allocation of funds for prisons: upgrading prison premises and staff. Not expanding closed prison places but ensuring more than 3 sq.m. of “free space to move” to each inmate.

  • Urgently reconsider criminal policy which has been adopted. Increasing sentences will result in extreme suffocation of the prison establishments.

  • Hire additional custodial trained staff and conduct regular training on security, crisis management, health issues etc, in relation to prison to all existing staff.

  • Reconsider implementation Art. 6A of the Penitentiary Code, as it has been proved that it can not offer guarantees as an effective means to redress prison conditions.

See slides for full briefing.

Relevant Documents

NGO Communications:

1492nd meeting (March 2024) (DH) - Rule 9.2 - Communication from an NGO (Hellenic League for Human Rights) (22/01/2024) concerning the case of NISIOTIS v. Greece (Application No. 34704/08) [anglais uniquement] [DH-DD(2024)101]

1428th meeting (March 2022) (DH) - Rule 9.2 - Communication from an NGO (Hellenic League for Human Rights) (27/01/2022) in the case of NISIOTIS v. Greece (Application No. 34704/08) [anglais uniquement] [DH-DD(2022)168]

1428th meeting (March 2022) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (Hellenic Action for Human Rights “Pleiades”) (31/01/2022) in the case of NISIOTIS v. Greece (Application No. 34704/08) and reply from the authorities (04/02/2022) [anglais uniquement] [DH-DD(2022)159]

1428th meeting (March 2022) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (Hellenic League for Human Rights) (13/01/2022) in the case of NISIOTIS v. Greece (Application No. 34704/08) and reply from the authorities (21/01/2022) [anglais uniquement] [DH-DD(2022)107]

CM Decisions:

1428th meeting (DH), March 2022 - H46-13 Nisiotis group v. Greece (Application No. 34704/08) [CM/Del/Dec(2022)1428/H46-13]

1390th meeting (1-3 December 2020) (DH) - H46-11 Nisiotis group v. Greece (Application No. 34704/08) [CM/Del/Dec(2020)1390/H46-11]

1324 meeting (DH) September 2018 - H46-8 Nisiotis group v. Greece (Application No. 34704/08) [CM/Del/Dec(2018)1324/H46-8]

The Manole and others v the Republic of Moldova case concerns concerns undue interferences with the right of freedom of expression of journalists, editors and producers working at the state television company Teleradio-Moldova on account of censorship and political control by the state authorities in the period 2001-2006. The Court found a violation of Article 10 arising inter alia from insufficient statutory guarantees of independence for the public broadcaster. It noted that the legislative framework had been flawed throughout, in that it did not provide sufficient safeguards against the control of Teleradio-Moldova’s senior management, and thus its editorial policy, by the political organ of the government.

The Court indicated under Article 46 that the Republic of Moldova was under a legal obligation to take general measures at the earliest opportunity to remedy the situation, including by undertaking legislative reform to ensure that the legal framework complies with the requirements of Article 10, which also takes into account the Committee of Ministers' Recommendation Rec(96)10 on the guarantees of the independence of public service broadcasting and the recommendations of the Council of Europe experts on the draft law on public service broadcasting in Moldova.

Independent Journalism Centre outlined the key facts and the rights violations of the case:

General Principles (Pluralism in Audiovisual Media)

  • Teleradio-Moldova (TRM) held a position of dominance (private TVs were too weak).

  • The authorities had the duty (positive obligation) to ensure: the public access to impartial and accurate information & diversity of political outlook; journalists & other professionals are not prevented from imparting info.

Interference with the applicants' right to freedom of expression:

  • Media employees – directly affected by the policy applied by their employer

  • Sanctions taken by an employer -> interference with freedom of expression

Conclusion on compliance with Article 10:

  • TRM enjoyed virtual monopoly over audiovisual broadcasting in Moldova.

  • The State failed to comply with its positive obligation.

  • The legislative framework was flawed (it did not provide sufficient safeguards against the control of TRM's senior management, and thus its editorial policy, by the political organ of the Government).

  • These flaws were not remedied when Law on TRM (2002) was adopted.

Independent Journalism Centre assessed the legislative framework in 2021:

  • Despite some positive preliminary findings (such as the criminalization of censorship), the law still allowed for a general tendency to favor (slightly) the Government.

  • Causes: Funding mechanism & indirect interference in the selection of Supervisory Body

  • In 2021, two main amendments had been enacted to the Code of Audiovisual Media Services

  • Amendments changed procedures for appointing and removing members of the NRA (Audiovisual Council), enabling its’ members to be appointed by Parliament, which also has discretionary right to reject the candidates. Furthermore, NRA (Audiovisual Council) members can be dismissed by Parliament, in case of finding "defective activity" or "improper performance of duties" or in case of rejecting of the annual activity report.

  • Amendments changed the procedures for appointing and removing members of the TRM's Supervisory Body and the General Director:

    • General Director to be appointed by Parliament at the proposal of the Supervisory Council (SC). Parliament given discretionary right to reject candidates.

    • Dismissal of General Director by Parliament, in case of finding “defective activity”, improper performance or non-performance of the duties.

    • Appointment of General Director by Parliament & CSOs. The Parliamentary Commission has the last word.

    • Dismissal of Supervisory Council if Parliament finds “defective activity”, improper performance or non-performance of the SC duties. Rejection of the annual activity report.

Updated Action Plan by Authorities (December 2023) and Independent Journalism Centre’s concerns:

Several general measures were presented by the authorities:

  • Draft Law no. 218 of 4 July 2023 amending the Code of Audiovisual Media Services and Draft Law on the Subsidy Fund.

    • These draft laws are unrelated to the implementation of the ECtHR judgment in the present case. The regulations do not extend their purview to encompass the public broadcaster or NRA.

  • The commitment of the Parliamentary Committee (PC) regarding the review of the relevant provisions of the Code of Audiovisual Media Services so as to secure the independence of the members of the Supervisory Council of TRM:

    • Independent Journalism Centre is a member of the Parliamentary Joint Working Group

    • The matter pertaining to the review of relevant provisions within the AMSC has not been deliberated within the agenda of the PC/PJWF

    • Requests made by the IJC to instigate efforts in this regard have yet to be acknowledged or acted upon

Independent Journalism Centre highlights the evidence on the general tendency to favor governing political forces:

  • Freedom House, Nations in Transit 2020: Moldova, April 2020: “The editorial independence of the public broadcaster TRM remains flawed. According to the new Code of Audiovisual Media Services, the members of TRM’s Board of Supervisors are to be appointed by the AC, which is highly politicized. Domestic monitoring organizations identified sporadic instances of biased coverage in TRM’s reporting.”

  • Monitoring Reports: OSCE/OHDIHR, November 2020 (TRM gave I. Dodon - former president of the Republic of Moldova - positive media coverage, while his opponent had neutral coverage. Election, Second Round); IJC, March 2021, April-September 2020

  • Recent (November - December 2022 and December 2023): a slight bias toward the governing party was observed in terms of news coverage frequency, including direct citations as sources; representatives of non-parliamentary political parties received limited attention in the news.

The 2021 legislative amendments are characterized by:

  • Flawed appointing/selection mechanisms for the NRA (Audiovisual Council), TRM's Supervisory Body and General Director

  • Flawed dismissing/revoking mechanisms for the NRA (Audiovisual Council) members, TRM's Supervisory Body and General Director

  • Direct subordination to the Parliament.

The Independent Journalism Centre asked the Committee to request Moldovan authorities to:

Darboe and Camara v Italy

The Darboe and Camara v Italy concerns the applicants placement in an adult migrant centre and the age-assessment procedure that ensued. In June 2016, the applicant, a Gambian national, arrived in Italy on makeshift vessels, and claimed asylum as unaccompanied minor. No information on how to initiate the relevant procedure had been provided to him and no request for international protection had been lodged in his case. After an initial placement in a centre for foreign unaccompanied minors he was transferred to an adult reception, overcrowded and lacking adequate facilities and healthcare, where a medical examination (wrist X-ray examination) concluded that he was an adult of eighteen years old. His stay in the adult reception centre lasted more than four months.

ASGI outline the key facts of the case & the Government’s recent Action Report to participants:

  • Unaccompanied minor placed in an adult reception center: overcrowded, lacking adequate facilities and healthcare, for more than 4 months. No guardian appointed, no information and access to asylum procedure.

  • Identified as adult based on wrist X-ray examination, without procedural safeguards.

  • Violations of:

    • Article 8: lack of procedural guarantees in age assessment procedure > no access to rights as unaccompanied minor.

    • Article 3: conditions and duration of stay in adult reception center.

    • Article 13 with 3 and 8: lack of remedy to complain about reception conditions and age assessment.



Government’s Action Report 2023 and communication January 2024 presented general measures:

  • Law 47/17 on unaccompanied minors (UAMs)

  • Increase of reception system’s capacity

  • National Plan against Human Trafficking

  • Law Decree 133/23 conv. Law 176/23 in response to emergency increase in migrants’ arrivals

  • Request for closure of the supervision.

ASGI highlights their concerns regarding General Measures:

Measures implemented do not prevent recurrence of systemic violations of Articles 3, 8 and 13, similar to Darboe and Camara case:

  • Limited implementation of Law 47/17 in practice

  • Law Decree 133/23 conv. Law 176/23 seriously worsened the legal framework regarding UAMs reception and age assessment > rights violations likely to increase.

Concerns about practices and new legislation have been expressed by the National Ombudsperson for the Rights of the Child, the Association of Juvenile Judges, UNICEF, Save the Children

Reception Conditions

  • 23,226 UAMs present in Italy on 31 December 2023 (Source: Ministry of Labour and Welfare)

  • Insufficient number of places in reception centers for UAMs with adequate standards: 750 places in governmental first reception centers for UAMs + 6,150 places in accommodation and integration centers for UAMs (Source: Government’s Communication).

  • 4,473 UAMs placed in first reception centers with standards seriously inadequate to ensure the rights of UAMs (hotspots, first reception centers for adults, emergency first reception facilities etc.), waiting to be transferred to adequate centers for UAMs, on 31 December 2023 (Source: Ministry of Labour and Welfare)

  • Law Decree 133/23 has introduced the possibility to place UAMs aged 16+ in adult reception centers:

    • pending the transfer to centers for UAMs, for up to 5 months

    • in dedicated sections, but no indications to avoid promiscuity with adults

    • no specialized staff and services for UAMs provided

  • The placement of UAMs in adult reception centers, that happened in practice but was forbidden by law until October 2023, is likely to increase

  • Widespread and increasing detention of UAMs in adult reception centers in inadequate conditions

    • with no legal basis and procedural guarantees (detention of UAMs forbidden by D.Lgs. 142/15, Art. 19, para. 4)

    • Hotspots and governmental reception centers in Lampedusa, Pozzallo/Cifali, Taranto, Crotone, Restinco 

  • In the adult reception centers and emergency first reception facilities monitored by ASGI, UAMs were in conditions similar to Darboe and Camara case:

    • inadequate material conditions, in some cases overcrowding and promiscuity with adults

    • no guardian appointed, no access to asylum procedure and legal support

    • no or limited access to health care, psychological assistance and education

    • lasting several months

    • serious stress in the children, exacerbated by deprivation of liberty

  • No remedy to complain about reception conditions has been introduced

  • Placement in inadequate reception centers also hinders identification of UAMs victims of trafficking > prevents implementation of National Plan against Human Trafficking

  • Three Rule 39 applications to ECtHR (October-December 2023):

    • UAM detained in adult reception center in Crotone for 5 months

    • UAM detained in adult reception center in Restinco for 2 months

    • UAM detained in a Police station in Rome for 6 days

  • In the three cases ECtHR decided interim measures: transfer to adequate reception center for UAMs

  • Increased influx of UAMs does not exonerate Italy from the respect of international human rights, and in any case no derogation from obligations under Article 3 is admissible

Age Assessment Procedure

  • Limited implementation of procedural safeguards established by Law 47/17: e.g. multidisciplinary teams have not been established in many areas

  • Law Decree 133/23 conv. Law 176/23 introduced an age assessment procedure derogating from most procedural safeguards established by Law 47/17:

    • no appointment of a guardian, access to a lawyer and informed participation

    • medical examination, no multidisciplinary approach

    • no judicial decision on age assessment

    • 5 days to lodge an appeal, without automatic suspension of proceedings resulting from identification as an adult

  • no access to an effective remedy and not consistent with the principle of presumption of minor age

ASGI provided their Recommendation to the Committee of Ministers and for Italian Authorities:

  • Considering the persisting and increasing systemic violations of Articles 3, 8 and 13, the Committee of Ministers should continue the monitoring procedure under enhanced supervision and all upon Italian authorities to:

    • Amend Law 176/23 provisions regarding the reception of UAMs in adult centers and the age assessment procedure derogating from the safeguards established by Law 47/17

    • Cease unlawful de facto detention of UAMs

    • Increase the capacity of adequate reception system for UAMs

    • Ensure that procedural safeguards in age assessment procedures established by Law 47/17 are respected in practice.

See slides for full briefing.

Relevant Documents:

NGO Communications

1492nd meeting (March 2024) (DH) - Rule 9.2 - Communication from an NGO (Association for Juridical Studies on Immigration (ASGI)) (31/01/2024) concerning the case of Darboe and Camara v. Italy (Application No. 5797/17) [anglais uniquement] [DH-DD(2024)149]

1483rd meeting (December 2023) (DH) - Rule 9.2 - Communication from an NGO (Association for Juridical Studies on Immigration (ASGI)) (06/11/2023) in the case of Darboe and Camara v. Italy (Application No. 5797/17) [anglais uniquement] [DH-DD(2023)1395]

The Öner and Turk v Türkiye, Işıkırık v Türkiye, Altuğ Taner Akçam v Türkiye, Artun and Güvener v Türkiye and Nedim Şener v Türkiye groups of cases concern unjustified and disproportionate interferences with the applicants’ freedom of expression on account of criminal proceedings for having expressed opinions that did not incite hatred or violence, and the consequent chilling effect on society as a whole. 

Hafiza Merkezi outlined the subject matter of the five groups and provided information on the legislative status of relevant provisions:

Öner and Türk group of cases

The Öner and Türk group concerns the unjustified conviction of the applicants for offences under the Anti-Terrorism Law (ATL) (mainly Article 6 § 2 - printing of statements made by a terrorist organisation - and Article 7 § 2 - propaganda in favour of an illegal organisation) or Articles 215 or 216 of the Criminal Code (praising an offence or an offender, or provoking the public to hatred, hostility, denigrating a section of the public on grounds of social class, race, religion, sect, gender or regional differences).

  • Article 6 § 2 of ATL- printing of statements made by a terrorist organization

    • Amendment added in 2013:  “condoning, praising or encouraging methods [using] coercion, violence or threats”

  • Article 7 § 2 of ATL - propaganda in favour of an illegal organisation

    • Amendment added in 2013: “by justifying, praising or encouraging the use of methods constituting coercion, violence or threats”

    • Amendment added in 2019: “Expressions of thought that do not exceed the limits of reporting or for the purpose of criticism shall not constitute a crime”

    • No new amendment, continuing violations

  • Article 215 of CC - praising an offence or an offender

    • Amendment added in 2013: “…provided that there emerges an imminent and clear danger to the public order”

    • No new information provided

  • Article 216 of CC - provoking the public to hatred, hostility, denigrating a section of the public on grounds of social class, race, religion, sect, gender or regional differences

    • No amendment

    • No information provided in the action plan

  • Article 6 § 1 of ATL - disclosing or publishing the identities of officials on counter-terrorism duties, or identifying such persons as targets

    • Ambiguous wording, increasing use against journalists and rights defenders

    • Previously examined before the ECtHR and the CM

Işıkırık group of cases

The Işıkırık group concerns Article 220 §§ 6 and 7 of the Criminal Code, which provide that anyone who commits a crime on behalf of an illegal organisation or who knowingly and willingly aids and abets an illegal organisation shall be sentenced as a member of that organisation. Based on these provisions, most of the applicants in this group of cases were sentenced to several years of imprisonment for membership of an illegal organisation for having, for example, peacefully participated in a demonstration called for by an illegal organisation, or expressed a positive opinion about such an organisation, without the prosecution having to prove the elements of actual membership.

  • Article 220 § 6 of the CC - committing an offense on behalf of an organization without being a member

    • Hamit Yakut pilot judgment of the Constitutional Court (2021) – not implemented by the Parliament

    • Annulment by the Constitutional Court (2023) – comes into force on 8 April 2024

    • Legislative proposal (currently before Parliament) offers no change.

  • Article 220 § 7 of the CC - aiding and abetting an organization willingly and knowingly without belonging to its structure

    • Amendment added in 2013: “by justifying, praising or encouraging the use of methods constituting coercion, violence or threats”

    • The Constitutional Court found it meets the legality requirement

    • No new amendment foreseen.

Altuğ Taner Akçam group of cases

The Altuğ Taner Akçam group deals with prosecutions under Article 301 of the Criminal Code (publicly denigrating the Turkish nation or the organs and institutions of the state, including the judiciary and the army), which the Court found not to meet the “quality of law” requirement in view of its “unacceptably broad terms”.

  • Article 301 of the CC - publicly denigrating the Turkish nation or the organs and institutions of the state, including the judiciary and the army

    • Amended in 2008: denigrating “Turkish nation” instead of “Turkishness”, lower sentences + authorization from Ministry of Justice required for investigation

    • The ECtHR found the provision does not meet the “quality of law” requirement since “its unacceptably broad terms result in a lack of foreseeability as to its effects” (Altuğ Taner Akçam v. Turkey, § 95)

    • Despite calls from the CM, no new amendment since the Taner Akçam judgment

Artun and Güvener group of cases

The Artun and Güvener group concerns criminal convictions for insulting public institutions, officials and the President under Articles 125 and 299 of the Criminal Code (the President, the Republic, police officers, tax inspectors etc.). The Court included indications under Article 46 that the violation stemmed from a problem with the drafting and application of Article 299 which afforded the Head of State privileged status or special protection vis-à-vis the right to convey information and opinions concerning him, and held that bringing the relevant domestic law into line with Article 10 would constitute an appropriate form of redress making it possible to put an end to the violation.

  • Article 125 of the CC – insulting

    • No new amendment 

  • Article 299 of the CC – insulting the President

    • No new amendment

    • Action plan argues that “no abolishment is required” and Ministry of Justice authorization required for prosecution functions as a filtering mechanism

    • latest CM decision calling for the abrogation of Article 299 

Nedim Şener group of cases

The Nedim Şener group focuses on the pre-trial detention of individuals, mainly journalists, without relevant and sufficient reasons, on serious charges based on their publications or speech. In one case in the grouo, the Court found inter alia that the applicant’s pre-trial detention was unlawful, since the offence with which he was charged, namely the dissemination of propaganda in favour of an illegal terrorist organisation, had - wrongly - been considered one of the offences listed in Article 100 of the Code of Criminal Procedure for which the reasons justifying the detention were established by legal presumption.

  • Article 100 of the Code on Criminal Procedure (Grounds for arrest)

    • Pre-trial detention used as a punitive measure and no concrete evidence sought

    • Lower courts even find Article 100 insufficient

    • CM called for the judiciary to “rely on concrete evidence justifying strong suspicion when placing individuals in detention”.


The NGO set out their main concerns regarding the implementation of these cases:

  • “Expressions of thought that do not exceed the limits of reporting or for the purpose of criticism shall not constitute a crime” - similar phrases added over the years had no positive impact.

  • Broad wording of provisions and arbitrary conduct of the judiciary.

    • Troubling approach associating any dissenting opinion with terrorism.

  • Circumventing provisions

  • Non-implementation of Constitutional Court judgments

    • Individual applications

    • Annulment decisions – Parliament is reluctant to make required legislative changes in a Convention compliant manner

MLSA presented the findings in their 2023 Trial Monitoring Report 2023:

Öner and Türk v. Türkiye: Terrorism charges are still the primary charge against freedom of expression in Türkiye.

  • Terror charges are the most frequent charge in freedom of expression cases by making up for almost half of all the charges - 103 cases.

  • Terrorist propaganda (Anti Terror Law – 7§2) is the second crime most often prosecuted in the report – 46 cases (%15).

  • The government introduced amendments in 2019 to the article but courts are still failing to differentiate between terrorist propaganda and news content.

  • Terrorist organisation membership (7§1) are the main charge in 10% of all cases.

  • Targeting the individuals involved in counterterrorism (Anti Terrorism Law – 6§1) is being used to circumvent the other provisions reviewed by the committee. It was charged 12 times in last period.

  • Terrorist organization membership (Anti Terrorism Law – 7§1) is being used to circumvent the other provisions reviewed by the Committee.

    • Evidence used in connection to these charges are mostly composed of news articles and social media posts.

    • It was used in almost 10 % of all freedom of expression cases.

    • In total, in 3 cases, 5 defendants were sentenced to 31 years, 3 months and 9 days in total.


    Işıkırık v. Türkiye: Annulled Article 220/6 of TPC is being reinstated and circumvented by Article 220/7.

    • Article 220/6 of TPC: committing a crime on behalf of a criminal organization without being a member

      • In one case, four journalists were sentenced to 11 years due to this charge

    • Article 220/7 of TPC: willingly aiding a criminal organization

      • In two freedom of expression cases, 32 defendants were sentenced to almost 103 years imprisonment on this charge.

    Nedim Şener v. Türkiye: Detention is used as a punishment mechanism in freedom of expression cases.

    • Number of detained journalists is misleading without context

    • Compared to last year the detained defendants increased by 150%

    • Journalist Dicle Müftüoğlu was imprisoned since April 2023 until February 2024 without her lawyer being allowed to make a defense statement in the first hearing. Her case was only composed of her journalistic activities. No evidence was produced during her detention.

    • 18 Journalists in Diyarbakır have been detained in June 2022, without an indictment being filed for 9 months. They were released after 13 months of detention.

MLSA and Hafiza Merkezi provided their Recommendations to the Committee of Ministers to:

  • Continue to examine the execution of the judgments in these case groups regularly and under enhanced procedure;

  • Examine and address the increasing use of interchangeable criminal provisions;

  • Instruct the Secretariat to draft an interim decision if no tangible progress is made or detailed statistics are not provided by the next review.

    The NGOs called on Turkey to:

  • Amend its definition of terrorism in the Anti-Terrorism Law in a way that is narrowly construed and compliant with Convention standards;

  • Repeal or substantially amend Articles 125, 215, 216, 314 of the Criminal Code, and Articles 6 and 7 of Anti-Terrorism Law, particularly by addressing their overbroad, vague, and unforeseeable wording;

  • Abolish Articles 220 § 6, 220 § 7, 299 and 301 of the Criminal Code which fail to fulfill the legality criteria, and closely monitor the legal proposals on Article 220 § 6 as the Committee of Ministers;

  • Submit detailed and separate statistical information covering last 5 years of the application of different Articles causing freedom of expression violations;

  • Take tangible steps to ensure that the Anti-Terrorism Law and the Criminal Code are not interpreted in a broad manner by the judiciary, that pre-trial detention decisions are not used as a punitive measure, and that Constitutional Court judgements are promptly implemented by all judicial and administrative bodies;

  • Stop targeting, harassing and intimidating journalists and HRDs by subjecting them to judicial and administrative measures.

See slides for full briefing.

Relevant Documents:

NGO Communications

1492nd meeting (March 2024) (DH) - Rule 9.6 - Reply from the authorities (22/02/2024) following a communication from NGOs (Truth Justice Memory Center (Hakikat Adalet Hafıza Merkezi) and others) (30/01/2024) concerning the Altug Taner Akcam, Artun and Guvener, Isikirik, Nedim Sener, Oner and Turk groups of cases v. Turkey (Applications No. 27520/07, 75510/01, 41226/09, 38270/11, 51962/12) [anglais uniquement] [DH-DD(2024)222]

1492nd meeting (March 2024) (DH) - Rule 9.2 - Communication from NGOs (Truth Justice Memory Center (Hakikat Adalet Hafıza Merkezi) and others) (30/01/2024) concerning the Altug Taner Akcam, Artun and Guvener, Isikirik, Nedim Sener, Oner and Turk groups of cases v. Turkey (Applications No. 27520/07, 75510/01, 41226/09, 38270/11, 51962/12) [anglais uniquement] [DH-DD(2024)142]

1492nd meeting (March 2024) (DH) - Rule 9.2 - Communication from an NGO (Human Rights Association (İnsan Hakları Derneği)) (24/01/2024) concerning the cases of Altug Taner Akcam, Artun and Guvener, Isikirik, Nedim Sener and Oner and Turk groups v. Turkey (Applications No. 27520/07, 75510/01, 41226/09, 38270/11, 51962/12) [anglais uniquement] [DH-DD(2024)122]

1492nd meeting (March 2024) (DH) - Rule 9.2 - Communication from an NGO (Media and Law Studies Association (MLSA)) (25/01/2024) concerning the cases of Altug Taner Akcam, Artun and Guvener, Nedim Sener and Oner and Turk groups v. Turkey (Applications No. 27520/07, 75510/01, 38270/11, 51962/12) and Işıkırık v. Turkey (41226/09) [anglais uniquement] [DH-DD(2024)121]

CM Decisions

1459th meeting (DH), March 2023 - H46-28 Öner and Türk group (Application No. 51962/12), Nedim Şener group (Application No. 38270/11), Altuğ Taner Akçam group (Application No. 27520/07), Artun and Güvener group (Application No. 75510/01) and Işıkırık group (Application No. 41226/09) v. Turkey [CM/Del/Dec(2023)1459/H46-28]

1428th meeting (DH), March 2022 - H46-36 Öner and Türk group (Application No. 51962/12), Nedim Şener group (Application No. 38270/11), Altuğ Taner Akçam group (Application No. 27520/07) and Artun and Güvener group (Application No. 75510/01), Işıkırık group (Application No. 41226/09) v. Turkey [CM/Del/Dec(2022)1428/H46-36]

EIN Civil Society Briefing November 2022: France, Poland, and Turkey

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On 28 November 2022, EIN held the latest civil society briefing for permanent Representations of the Council of Europe, ahead of the 1451st Committee of Ministers Human Rights Meeting on 6 – 8 November 2022. The event was held in person in Strasbourg.

The Briefing focused on the following cases:

1.     The J.M.B. and others v France case concerns prison overcrowding and poor conditions of detention and lack of an effective preventive remedy. This presentation was given by Prune Missoffe, Head of Analyses and Advocacy, and Julie Fragonas, Trainee Lawyer at Observatoire International des Prisons, Section France.

2.     A. The Xero Flor W Polsce SP. Z.O.O. v Poland case concerns an infringement of the applicant company’s right to a fair hearing due to the domestic courts' failure, in the context of civil proceedings, to examine its argument that secondary legislation limiting its right to compensation was unconstitutional.

2.     B. The Reczkowicz group case concerns an infringement of the right to tribunal established by law, due to the fact that the judges of the Disciplinary Chamber in the Supreme Court that dismissed the applicant’s cassation appeal against disciplinary penalty in 2019 were appointed in a deficient judicial appointment procedure involving the National Council of the Judiciary lacking independence from legislature and executive

 2.     C.  Broda and Bojara v Poland case concerns an infringement of the right to access to court on account of the premature termination of the applicants’ term of office as vice-presidents of a regional court on the basis of temporary legislation in force between 12 August 2017 and 12 February 2018, which did not allow for examination either by an ordinary court or by another body exercising judicial duties.

Marcin Szwed, Lawyer at Helsinki Foundation for Human Rights, presented on these cases concerning Poland.

3.     The Opuz group v Turkey case was presented by Elif Ege, Programme Coordinator at Mor Çatı, concerning the failure of the authorities to protect women from domestic violence, despite having been reasonably informed of the real and imminent risks and threats.

Overview of the case:

The J.M.B v France case concerns the structural problem of degrading treatment suffered by 27 of the applicants, due to prison overcrowding and poor conditions in the detention centres during different periods (2006 to date). It also concerns the lack of an effective preventive domestic remedy for 31 of the applicants, where administrative interim proceedings are ineffective in practice, due to the limited scope of the judge's injunctions and the difficulties in enforcing the overcrowding and dilapidation of prisons measures. 

Observatoire International des Prisons reminded participants of the last Committee of Ministers Decisions in the case from 2021:

·      Occupancy rates in the prisons concerned demonstrate the existence of a structural problem, where the Court recommended the government to adopt general measures aimed at “guaranteeing prisoners conditions of detention that comply with Article 3, in particular by ensuring the definitive reduction of prison overcrowding”.

·      Lack of an effective domestic solution to remedy living conditions that violate human dignity, and the Court recommended the government create an effective legal remedy to put an end to the inhumanity of living conditions in prisons.

Observatoire International des Prisons provided information on recent developments concerning prison overcrowding since the Courts judgment:

o  Prison overcrowding is a worsening situation, as the occupancy rate has increased to 141.5 % since the last CM examination.

o  Degrading living conditions are exacerbated by dilapidated and unsanitary conditions

o  There is a lack of a coherent long-term strategy

o   Constructing new prisons to address prison overcrowding fails to address the structural problem.

o   Regarding the new judicial remedy: there is no assessment tool of its’ efficiency; some detainees cannot benefit from it; it is not an effective tool to remedy overcrowding;

o   Regarding the “Référé-liberté” remedy: it is not an effective remedy either, as the issues identified by the ECtHR remain: there are delays with regard to the execution of the injunctions issued and there is a failure to order sufficient measures.

Observatoire International des Prisons outlined their recommendations to participants:

  • On prison overcrowding

    • Establishing a binding prison regulation mechanism

    • Adopting a national action plan ensuring the definitive reduction of prison overcrowding

    • Discontinuing prison expansion programmes and revising budgetary priorities

  • On the new judicial remedy

    • Creating monitoring tools to assess the effectiveness of the remedy

    • Reinforcing the effectiveness of the remedy

  • On the preexisting “référé-liberté”

    • Expanding the scope of measures a judge can order

    • Reinforcing the execution procedures

Please see the slides for the full Briefing.

Relevant Documents:

Overview of the Case:

This case concerns an infringement of the applicant company’s right to a fair hearing due to the domestic courts' failure to examine its argument that secondary legislation limiting its right to compensation was unconstitutional. It also concerns the infringement of the applicant company’s right to a tribunal established by law due to the participation of Judge M.M. in the Constitutional Court’s panel that rejected its constitutional complaint.

Helsinki Foundation for Human Rights reminded participants of the Court’s Judgment:

  • There was a violation of a right to a ‘tribunal established by law’ (Article 6 § 1 ECHR);

  • The judge was elected with a manifest breach of domestic law;

  • The violation ‘concerned a fundamental rule of the election procedure, namely the rule that a judge of the Constitutional Court was to be elected by the Sejm whose term of office covered the date on which his seat became vacant.’

  • An additional violation of Article 6: lack of justification of domestic courts for non-referring legal question to the Constitutional Tribunal

Helsinki Foundation for Human Rights provided participants with recent developments in the case:

  • Unlawfully elected persons continue to participate in the Constitutional Tribunal’s panels:

    • Between 7 May 2021 and 28 November 2022 the CT issued 16 judgments (out of total 21) and 45 decisions on discontinuation of proceedings (out of total 88) in irregular panels;

    • There were 39 decisions on discontinuation of proceedings initiated by constitutional complaints issued by the CT in panels with unlawfully elected persons

  • The Constitutional Tribunal questions the legitimacy of the Court’s judgments:

    • Judgment of 24 November 2021, no. K 6/21

    • Judgment of 10 March 2022, no. K 7/21

Helsinki Foundation for Human Rights outlines their recommendations for the case:

  • HFHR’s Rule 9 submission – 30 March 2022;

  • Unlawfully elected persons must be prevented from adjudication in the Constitutional Tribunal;

  • Domestic authorities must refrain from questioning the validity of the Court’s rulings;

  • The CoM should address in recommendations the problems with the status of decisions issued by irregular panels; and the prevention of external undue influence on the appointment of judges.

Relevant Documents

Overview of the Case
This case concerns an infringement of the right to access to the court on account of the premature termination of the applicants’ term of office as vice presidents of a regional court on the basis of temporary legislation in force between 12 August 2017 and 12 February 2018, which did not allow for examination either by an ordinary court or by another body exercising judicial duties

Helsinki Foundation for Human Rights reminded participants of the Court’s Judgment:

  • The Court ruled that there was a violation of Article 6 § 1 ECHR;

  • The applicants were completely deprived of access to court with regard to their dismissal from the office of vice presidents of courts;

  • The Minister’s decision did not contain any statement of reasons;

  • There was no available protection against arbitrary dismissals;

Helsinki Foundation for Human Rights provided participants with recent developments in the case:

  • The provisions on the basis of which the applicants were dismissed are no longer in force;

  • Currently, the Minister of Justice may remove the president/vice-president of court only on specific grounds enumerated in the law:

    • gross or persistent failure to discharge the duties;

    • remaining vice-president/president in office is incompatible with the interest of administration of justice;

    • particular inefficiency of president/vice-president in exercising administrative supervision or organising works in the court or lower courts;

    • voluntary resignation of president/vice-president.

  • The Minister must consult the college of a given court and if it opposes the dismissal, the Minister must also consult the National Council of Judiciary;

  • However, the negative opinion of the NCJ is not binding on the Minister unless it was issued with 2/3 majority;

  • The Minister’s decision cannot be challenged in court.

Helsinki Foundation for Human Rights outlines their recommendations for the case:

  • HFHR’s Rule 9 submission – 18 October 2022;

  • Implementation of the judgment on the general level requires the adoption of proper legislative measures;

  • There is a need for legislative change: the powers of the Minister of Justice to dismiss presidents/vice-presidents of courts must be limited in order to protect independence of the judiciary:

    • negative opinion of the NCJ should be binding on the Minister of Justice (as it was until 2017);

    • NCJ must be an independent and lawfully constituted organ;

    • limitation of the MoJ’s discretion in the appointment of court presidents will also be advisable

  • The decision of the Minister of Justice on the dismissal of presidents/vice-presidents of courts must be appealable to court;

  • Domestic authorities must refrain from questioning the validity of the Court’s rulings.

Please see the slides for the full Briefing.

Relevant Documents

NGO/NHRI Communications

1451st meeting (December 2022) (DH) - Rule 9.6 - Reply from the authorities (03/11/2022) following a communication from an NGO (Helsinki Foundation for Human Rights (HFHR)) (18/10/2022) in the case of Broda and Bojara v. Poland (Application No. 26691/18) [anglais uniquement] [DH-DD(2022)1168]

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (Helsinki Foundation for Human Rights (HFHR)) (18/10/2022) in the case of Broda and Bojara v. Poland (Application No. 26691/18) [anglais uniquement] [DH-DD(2022)1139]

Reczkowicz group v Poland


Overview of the Case
This case concerns an infringement of the right to tribunal established by law, due to the fact that the judges of the Disciplinary Chamber in the Supreme Court that dismissed the applicant’s cassation appeal against disciplinary penalty in 2019 were appointed in a deficient judicial appointment procedure involving the National Council of the Judiciary lacking independence from legislature and executive (violation of Article 6 of the Convention).

Helsinki Foundation for Human Rights reminded participants of the Court’s judgment:

  • The Court ruled that there was a violation of a right to a ‘tribunal established by law’ (Article 6 § 1 ECHR);

  • Judges of the Disciplinary Chamber were appointed with manifest violations of domestic law;

  • Unconstitutionality of the current model of the election of judicial members of the National Council of the Judiciary (NCJ);

  • NCJ is no longer an independent body;

  • The Court presented a similar approach in subsequent cases concerning unlawfully elected judges of the Supreme Court.

Helsinki Foundation for Human Rights provided participants with recent developments in the case:

  • The independence of the NCJ has not been restored;

  • The Disciplinary Chamber was dissolved and replaced by the Professional Responsibility Chamber (PRC);

  • There are controversies around the PRC with regard to:

    • The procedure for the assignment of judges to the PRC;

    • 6 out of 11 judges assigned to PRC were appointed upon the request of reorganised NCJ.

  • Limited effectiveness of the procedure for verification of independence and impartiality of judges;

  • Disciplinary actions against judges who rely on the ECHR and EU standards.

Helsinki Foundation for Human Rights outlines their recommendations for the case; the Committee of Ministers should call for:

  • Restoration of the NCJ independence through reform of the procedure for the election of judicial members of the NCJ.

  • Unlawfully appointed persons must not participate in adjudication of individual cases;

  • The status of judgments issued by unlawfully appointed persons must be regulated;

  • Judges who apply standards developed by the ECtHR in Reczkowicz and other judgments must not face disciplinary charges;

  • Domestic authorities must refrain from questioning validity of the Court’s rulings.

HFHR’s Rule 9 submission of 14 October 2022 is available here.

Please see the slides for the full Briefing.

Relevant Documents

Overview of the Case

This group of cases concerns the failure of the authorities to protect women (the applicants or their female relatives) from domestic violence, despite having been reasonably informed of the real and imminent risks and threats (Articles 2 and 3). In the cases of Opuz, M.G. and Halime Kılıç, the Court also found that the failure to protect the women was discriminatory on grounds of gender (violation of Article 14 in conjunction with Articles 2 and 3).

Mor Çatı provided an update and recommendations for individual measures in the M.G. case, after reminding participants that, in the CM’s latest decision, it had reiterated “the importance of continuing to monitor the applicants’ safety, since their former husbands are not in detention:

  • The appeal proceedings are still pending and the applicant’s ex-husband has not been detained and continues to make threats against her.

  • The national authorities should speed up the proceedings in order to ensure that the perpetrator is brought to justice effectively, and should also urgently take measures to ensure the applicant’s safety.

Mor Çatı reminded participants that, on 20 March 2021, Turkey decided to withdraw from the Istanbul Convention. In relation to the latest Action Plan, Mor Çatı stated that the existing laws are presented as general measures; however, the main issue on the ground is the lack of implementation of these laws. There are no monitoring and evaluation processes to achieve standards in the implementation of the laws and there are no any sanctions against bad practitioners.

Mor Çatı provided updated information on the following areas:

  • Barriers to justice

    • Victims hesitate to file complaints due to distrust of system, deterrent behavior of public officials, lack of information, lack of qualified free legal support, long duration of the legal procedures, lack of protection and social and psychological support during long duration of legal procedures.

  • Reasonable time to ensure that investigative procedural steps are completed

    • Taking the statement of the suspect takes up to 1 year or more.

    • The trial process: The local court proceedings takes up to 1-2 years. It can take up to 2-3 years on average to conclude appealed case decisions. It can take approximately about 2-3 more years for cases before the Court of Cassation.

  • Risk assessment

    • The Penal Code does not include a specific regulation for risk assessment in the context of domestic violence offence, these measures are only available in the Law No. 6284.

    • Prosecutor’s Offices, Criminal Courts and Family Courts fail to conduct risk assessment in respect of perpetrators who repeatedly commit violent crimes against women.

  • Implementation of arrest warrants

    • Law enforcement do not conduct an effective search to execute the arrest warrants; arrests are made if the perpetrator is found by chance.

    • Arrests for warrants are sometimes never executed and years may go by. Those who are not arrested until the statute of limitations is expired have their

      sentence repealed.

  • Non-Deterrent Effect of Sentences and de facto impunity  

    • Sentences are usually imposed at the lower limit and a discretionary mitigation (mitigation for good conduct) is applied.

    • Mitigated sentences given for the offenses of bodily harm with intent, threat and insult are usually commuted to a fine, followed by a deferment of the announcement of the verdict, as a result of which even the fine is not paid de facto.

  • Discretionary mitigation and mitigation of sentences on account of unjust provocation

    • In the case of more serious offenses where the convict has started to serve the sentence, the full term of imprisonment is not served due to the practice of conditional release; due to legal regulations such as suspension of sentence, de facto impunity takes place even when the convict has started to serve the sentence.

    • Contrary to the legal provisions, the mitigation of sentences on account of “unjust provocation” results in a significant reduction in sentences based on a

      sexist practice.

  • Grounds for impunity

    • The courts ignore less serious offenses (e.g. offense of libel) when there is more than one type of crime is inflicted by the perpetrator.

    • Court decisions are influenced by the physical appearance (e.g. well-dressed etc.) and economic class of the perpetrator.

    • It is observed that the grounds for acquittals often refer to expressions such as “defendant’s persistent denial of charges”; and the presumption of innocence is used as a legal cover-up for impunity.

Mor Çatı set out their recommendations for the implementation of the Opuz group of cases. The CM should call on the authorities to:

  • Re-become a party to Istanbul Convention.

  • Establish state-wide effective, comprehensive and coordinated policies encompassing all relevant measures to prevent and combat all forms of violence.

  • In order to ensure an effective implementation of both the Penal Code and the Law No.6284, the state should present data on the existing official complaint mechanisms, how many complaints have been filed to these mechanisms and what the results were and on monitoring and evaluation mechanisms for the implementation of the relevant legal framework, including the number and result of investigations towards public officers for bad practice. The statistical data should be disaggregated by gender, age, type and frequency of violence, relationship between perpetrator and survivor, geographical location and disability status.

  • Ensure that bad practices by public officials are sanctioned.

  • Facilitate for women the right to file complaints also with the police stations in their own neighborhoods rather than making mandatory referrals to specialised units such as the Bureaus of Combatting Domestic Violence and Violence Against Women.  

  • Promptly provide legal support in criminal cases to victims without administrative obstacles.  

  • Take measures to ensure that investigative procedural steps are completed within 6 months to maximum 1 year, including by taking the statement of the suspect at the investigation stage and collecting evidence or conducting an inquiry within a reasonable time if the suspect cannot be reached.

  • Provide data on the number of cases where risk assessment is conducted and detailed information on the tools used for risk assessment.

  • Provide information on how and to what extent the 2020 Circular is enforced and on sanctions for non-implementation.

  • Carry out a holistic risk assessment that includes a danger assessment, tailored specifically to cases of violence against women.

  • Take measures to ensure that arrest warrants are implemented effectively.

  • Provide data on how many arrest warrants are given, how many of them are for convicted perpetrators, how many of these warrants are executed, the mechanisms implemented to execute arrest warrants

  • Take measures (awareness-raising, training and capacity-building measures, etc.) to avoid sexist practices in the mitigation of sentences and judgments.

  • Provide information on what legislative measures are envisaged to ensure that investigations in less serious offences are initiated even in the absence of a complaint by domestic violence victim.

  • Take measures to enable effective implementation of sentences (e.g. To prevent the de facto impunity as a result of converting fines to fees.)

  • Provide data on the implementation of the recent changes in the Penal Code regarding the application of “good conduct” in cases of violence against women.

Please see the slides for the full Briefing.

Relevant Documents