Information Note on the Court’s case-law 68

October 2004

İzmir Savaş Karşıtları Derneği and Others v. Turkey (dec.) - 46257/99

Decision 23.9.2004 [Section III]

Article 11

Article 11-1

Freedom of peaceful assembly

Requirement to obtain ministerial autorisation for participation in meetings abroad: admissible

Article 34

Victim

Dissolution of applicant association after introduction of the application

The applicatio n was lodged by three members of an association registered under Turkish law, the “Izmir Association against the War” and by the association itself, which was represented by its chairperson. The applicants had been instructed by the association to travel a broad on its behalf to represent it at meetings of voluntary organisations which were opposed to the war. They were prosecuted for doing this, since no prior request for authorisation had been submitted before their departure. Under the Associations Act in force between 1983 and 2004, members of an association could only travel abroad at the invitation of foreign associations or organisations if they received authorisation to that effect. The three members of the association were ordered to pay fines for br each of that requirement.

Admissible under Article 11 of the Convention: The applicant association dissolved voluntarily in 2001, subsequent to the conviction of its members and the lodging of this application with the Court. The applicants had lodged the ir application on their own behalf and on behalf of the Association, represented by its chairperson; they complained of an interference with their right to freedom of association while they were members of the Association and while it had legal personality as required at the material time. Consequently, the association represented by its chairperson had an interest giving it standing as a “victim”. The objection submitted by the respondent Government was accordingly dismissed.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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