(Application no. 56827/00)
9 November 2006
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Düzgören v. Turkey,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Mr B.M. Zupančič,
Mr J. Hedigan,
Mr R. Türmen,
Mr C. Bîrsan,
Mr E. Myjer,
Mr David Thór Björgvinsson,
Mrs I. Ziemele, judges,
and Mr V. Berger, Section Registrar,
Having deliberated in private on 19 October 2006,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
Preface and Epilogue:
“... For the purpose of defending the free expression of every kind of thought, we who have signed as publishers, convey this 'convicted' text to the people, regardless of its contents and the question whether or not we share its contents, even though some of us do not agree with some lines in it...'
The press release of O. M. U:
“Good morning, Today's press conference is not organised by the Izmir Association of the Opponents of War. The responsibility for this conference rests exclusively with me. As you know, the case, which was brought before the Ankara Military Court of the Office of the Chief of Staff where I was allegedly accused of committing the crime of 'inciting others to evade military service', was concluded on 29 August.
The army, unable to deal with us through judicial methods, think that they can draw the opponents of war away from the public view. First of all, I am not a deserter; I am a 'conscientious objector'. I neither intend to do military service nor desert. There is no reason to desert, because I defend the principle that people should exercise their right not to do military service without having to go into hiding.
As to the papers given by the Recruitment Office...I am going to burn them right now before your eyes...
I am not a soldier and I never will be. Of course, I am aware that I will be summoned for military service, but until I am summoned, whenever that may be there will be no changes to my lifestyle. They can find me here and take me by force. But I will resist to the end in the barracks, and I am underlining that I will refuse to do military service in any shape or fashion.”
II. THE RELEVANT DOMESTIC LAW
“...Military courts shall not try civilians charged with committing the crimes and lesser offences referred to in Article 58 of the Military Penal Code in time of peace.”
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
“In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an independent and impartial tribunal established by law.”
II. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention the following sums to be converted into pounds sterling at the rate applicable at the date of settlement and to be paid into the bank account identified by the applicant in the United Kingdom:
i. EUR 2,000 (two thousand euros) in respect of non-pecuniary damage;
ii. EUR 1,500 (one thousand and five hundred euros) for costs and expenses;
iii. any tax that may be chargeable on the above amounts;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 9 November 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Vincent Berger Boštjan M. Zupančič