Published on 25 August 2025
SECOND SECTION
Application no. 36327/23
Necbir ATILGAN against Türkiye
and 5 other applications
(see list appended)
communicated on 4 August 2025
SUBJECT MATTER OF THE CASE
The applications concern disciplinary sanctions imposed on the applicants, civil servants at the material time, due to their social media posts and/or public statements (for details regarding the nature and reasons for the sanctions, see the Appendix).
The domestic authorities considered that the litigious posts and statements of the applicants exceeded the permissible bounds of criticism and that the disciplinary sanctions were appropriate and necessary given the duties incumbent upon the applicants by virtue of their civil servant status.
Invoking mainly Article 10 of the Convention, the applicants contend that the disciplinary sanctions constituted a breach of their right to freedom of expression.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ right to freedom of expression, within the meaning of Article 10 § 1 of the Convention, on account of the sanctions imposed upon them?
2. If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 (see, for the general principles, Baka v. Hungary [GC], no. 20261/12, § 162, 23 June 2016)?
In particular, having regard to the content of the applicants’ impugned posts and statements, the context in which they were expressed, and the circumstances of each case, did the national courts carry out in their decisions a sufficient examination and a proper balancing of the interests at stake in the light of the criteria set out by the Court in cases concerning freedom of expression (Kula v. Turkey, no. 20233/06, §§ 44-52, 19 June 2018)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Sanctions Imposed
Alleged acts for which sanctions were imposed
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Sanctions Imposed
Alleged acts for which sanctions were imposed
1.
36327/23
Atılgan v. Türkiye
08/09/2023
Necbir ATILGAN
1990
Mardin
Turkish
Bedia BORAN BULUT
Dismissal from civil service
Sharing political messages on his Facebook account
2.
11511/24
Diker Demir v. Türkiye
05/04/2024
Derya DİKER DEMİR
1984
İzmir
Turkish
Atalay AKSAY
Dismissal from civil service
Statements in a Facebook post involving words considered defamatory against the President
3.
16264/24
Kaya v. Türkiye
17/05/2024
Serhat KAYA
1988
Şemdinli
Turkish
Mesut KELEŞ
Suspension of grade advance-ment for one year
Posts on social media, concerning “Cizre events” in 2015
4.
19723/24
Altınışık v. Türkiye
02/07/2024
Orhan ALTINIŞIK
1981
Mardin
Turkish
Bedia BORAN BULUT
Dismissal from civil service
Various political statements and posts on social media
5.
28432/24
Erdoğan v. Türkiye
02/09/2024
Binali ERDOĞAN
1965
İzmir
Turkish
Meltem SALMAN
Dismissal from civil service
Posting Anti-AKP (political party in power) political posts on social media
6.
29967/24
Özdemir v. Türkiye
03/10/2024
Aziz ÖZDEMİR
1983
Kayseri
Turkish
Eylem SARIOĞLU ASLANDOĞAN
Dismissal from civil service
Sharing photos and political comments on social media
List of cases: