Özgür Gündem was a daily newspaper published in İstanbul from 30 May 1992 with a national circulation of some thousand copies and a further international circulation. It was, according to the applicants, a Turkish language newspaper seeking to reflect Turkish Kurdish opinion. The applicants submit that, until closure of the newspaper in April 1994, there was an unremitting campaign of grave violations of human rights designed to force it to cease publication. Similar attacks followed on its successor, Özgur Ülke. This campaign involved killings, disappearances, injuries and ill-treatment of journalists and distributors, threats and the use of violence, threatened and actual prosecutions, seizures and confiscation of editions of the newspaper and the imposition of heavy fines. The applicants submit that these attacks were instigated, condoned and encouraged by State authorities, which failed to provide protection or take effective steps to investigate the incidents.
The Turkish Government submits that Özgur Gündem acted as a propaganda tool for the PKK. It maintains that certain editions of the newspaper were legitimately restricted in order to prevent direct incitement to violence. Regarding the criminal incidents against the workers of the newspaper, these were the consequence of terrorist acts by unknown perpetrators. All necessary and appropriate steps were taken by the authorities in respect of any reported unlawful acts.
The applicants complain under Article 10 of the European Convention on Human Rights that there has been a deliberate and unjustified interference with their freedom of expression due to measures and incidents relating to Özgur Gündem and to people connected with the newspaper. They complain under Article 1 of Protocol No. 1 that the measures implemented in relation to Özgur Gündem violated the third and fourth applicants’ peaceful enjoyment of their possessions. They further complain under Article 14 that they have been subject to discrimination in the enjoyment of their freedom of expression and peaceful enjoyment of their possessions.
Citation: Ozgur Gundem v. Turkey (App no 23144/93) ECHR 16 March 2000
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)