Hamdi Firat BuyukSarajevoBIRNMay 9, 202314:03Europe’s top human rights court ruled that a fine imposed on the head of Amnesty International’s Turkish branch for alleged irregularities related to receiving funds from abroad violated his rights.

Turkey Violated European Convention by Fining Rights Group: Court

A supporter of Amnesty International with a placard reading: ‘Turkey: Freedom of speech is a Human Right!’ in front of the Turkish Embassy in Berlin, June 2013. Photo: EPA/NICOLAS ARMER.

The European Court of Human Rights in Strasbourg ruled on Tuesday that the administrative fine imposed on the chair of Amnesty International’s Turkey branch by the governor of Istanbul violated his rights.

The ECHR ruled that Turkey’s domestic courts “had not given sufficient reasons for their decisions” by relying solely on a report prepared by the authorities and “not replying to the arguments raised by the applicants [the head of Amnesty Turkey and Amnesty International]”.

In October 2007, the governor of Istanbul ordered an audit of Amnesty Turkey, and the subsequent report noted some irregularities in the association’s activities regarding funds coming from abroad.

The report stated that in 2006 and 2007, Amnesty Turkey had on 16 occasions delayed complying with the legal requirement to declare funds from a foreign source to the governor’s office prior to their use.

In 2008, the governor ordered Yakup Levent Korkut, as chair of Amnesty Turkey, to pay an administrative fine of approximately 5,283 euros over the financial transfers from Amnesty International’s headquarters in London.

Korkut challenged the decision, but without success.

The ECHR also ruled that the fine imposed on Korkut “amounted to interference with the exercise of the right to freedom of association of both applicants [Korkut on behalf of Amnesty Turkey and Amnesty International]”.

It said the legal move had a basis in Turkish law, but that “at the relevant time there had been no specific and clear provisions governing the receipt by an association comprising the national branch of an international organisation of funds originating from the organisation’s headquarters or from national branches of the organisation located in other countries”.

The ECHR ruled that Turkey must pay the applicants jointly 5,283 euros in pecuniary damages, 2,000 euros in non-pecuniary damages and 5,000 euros for costs and expenses.

Amnesty Turkey has been operating in Turkey since 2002 as a branch of Amnesty International.

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