Yurdatapan v. Turkey (70335/01)

Date	20080108
Article	6(1), 10
Decision	violation

Violation of Article 6 § 1 (fairness)

Violation of Article 10

Yurdatapan v. Turkey (no. 70335/01)

The applicant, Mehmet Şanar Yurdatapan, is a Turkish national who was born in 1941 and lives in Istanbul. The case concerned the applicant’s complaint that he had been convicted for distributing a leaflet which contained statements from a conscientious objector and that his case had not been heard by an independent and impartial tribunal on account of the presence of a military judge on the bench. The Court held unanimously that there had been a violation of Article 6 § 1 (right to a fair trial within a reasonable time) and Article 10 (freedom of expression) and awarded the applicant EUR 2,000 in respect of non-pecuniary damage and EUR 1,500 for costs and expenses. (The judgment is available only in English.)