Published on 30 May 2023
SECOND SECTION
Application no. 27603/20
İsmail AYDIN against Türkiye
and 3 other applications
(see list appended)
communicated on 11 May 2023
SUBJECT MATTER OF THE CASE
The applications concern requests by the applicants, who are prisoners, to receive the daily newspaper “Yeni Asya”. The prison administrations refused to purchase or deliver the newspaper to the applicants on the grounds that it would pose a security risk or for other administrative or operational reasons.
Relying on Article 10 of the Convention, the applicants complained of a violation of their right to receive information and ideas.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ freedom of expression, in particular their right to receive information and ideas, by the refusal of the authorities to purchase or deliver the newspaper in question within the meaning of Article 10 § 1 of the Convention?
2. If so, was that interference prescribed by law and necessary in terms of Article 10 § 2?
3. In particular, in view also of the Turkish Constitutional Court’s case-law (see Yavuz Şen and others, no. 2017/20009, 12 January 2022), did the national courts in their decisions carry out an appropriate balancing of the applicants’ right to freedom of expression against other interests at stake in accordance with the principles enshrined in Article 10 of the Convention (compare Mehmet Çiftci v. Turkey, no. 53208/19, §§ 35-45, 16 November 2021)?
APPENDIX
List of applications
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
1.
27603/20
Aydın v. Türkiye
17/06/2020
İsmail AYDIN
1980
Karabük
Turkish
2.
51816/20
Tali v. Türkiye
06/11/2020
Ramazan TALİ
1978
Erzurum
Turkish
3.
1944/21
Özdemir v. Türkiye
22/12/2020
Eren ÖZDEMİR
1989
Diyarbakır
Turkish
4.
26993/21
Çiçin v. Türkiye
30/04/2021
Aydın ÇİÇİN
1974
Tekirdağ
Turkish