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Bulaç v. Turkey, No. 25939/17, ECtHR (Second Section), 8 June 2021

Abstract

Pre-trial detention of a journalist for his alleged membership of a terrorist organisation, in the framework of a state of emergency.

Normative references

Art. 5 ECHR
Art. 10 ECHR

Ruling

The pre-trial detention of critics create numerous negative effects, both for the person detained and for society as a whole, since to impose a measure resulting in deprivation of liberty inevitably has a chilling effect on freedom of expression by intimidating civil society and silencing dissenting voices.
(In the present case, concerning the pre-trial detention of a journalist in the context of the state of emergency declared following the failed military coup of 15 July 2016 in Turkey, the European Court found a violation of article 5 and article 10 ECHR).