Fahrettin Aydın v. Turkey (31695/02)

Date	20080129
Article	13
Decision	violation

Violation of Article 13

Fahrettin Aydın v. Turkey (no. 31695/02)

The applicant, Fahrettin Aydın, is a Turkish national who was born in 1963 and lives in Diyarbakır (Turkey). He is a history teacher.

Relying, in particular, on Articles 11 (freedom of assembly and association) and 13 (right to an effective remedy), Mr Aydın alleged that he was transferred to a school in Giresun (Turkey) in reprisal for his trade union activities and that he had no effective remedy with which to challenge that decision.

The Court noted that it had examined similar cases on previous occasions and had found violations of Article 13 concerning the lack of an effective remedy under Turkish law whereby the applicant could have challenged the administrative act which had ordered his transfer to another city. It therefore held unanimously that there had been a violation of Article 13 and awarded Mr Aydın EUR 500 for non-pecuniary damage. The remainder of the application was declared inadmissible. (The judgment is available only in English.)