Violations of the right to freedom of assembly and freedom of expression: The Işıkırık group of cases

Işıkırık v Turkey (Application Nr 41226/09)

Briefed on: 21 February 2020

by Dr Kerem Altiparmak, on behalf of the Freedom of Expression Association (IFÖD).

• Rules 9.2 and 9.6 - Communication from an NGO (The Freedom of Expression Association (İfade Özgürlüğü Derneği - IFÖD)) (21/01/2020) in the Işıkırık group of cases v. Turkey (Application No. 41226/09) and response from the Turkish authorities (28/01/2020) [Anglais uniquement] [DH-DD(2020)81] 

• Rules 9.2 and 9.6 - Communication from NGOs (Article 19 and the Turkey Strategic Litigation Project (TSLP)) (21/01/2020) in the case of Işıkırık Group v. Turkey (Application No. 41226/09) and response from the Turkish authorities (28/01/2020) [Anglais uniquement] [DH-DD(2020)82]

The Işıkırık group of cases is a group of four judgments concerning violations of the applicants’ right to freedom of peaceful assembly and/or freedom of expression. For Dr Altiparmak, the Işıkırık group of cases underline structural problems with respect to the full and effective enjoyment of freedom of assembly and freedom of expression as a result of extensive and unforeseeable interpretation and implementation of criminal provisions. The common feature of these cases, he said, was the authorities’ failure to show a certain degree of tolerance towards peaceful gatherings and critical expressions.

Dr Altiparmak underlined that here had been no progress achieved with regard to the provision of an adequate legislative framework that enables the protection of Article 10 and 11 and full and effective implementation of Işıkırık Group cases. What is more, the legislative framework has become more arbitrary and punitive, he commented.

In his recommendations, he asked among other things that the Işıkırık Group cases should remain under enhanced procedure.