European Court of Human Rights : Mehmet Hasan Altan v. Turkey and Şahin Alpay v. Turkey

Presentation of two important judgments in cases brought by two prominent journalists detained in Turkey after the attempted coup d’état of 15 July 2016. In both cases the ECtHR found a violation of the journalists’ right to freedom of expression. The ECtHR clarified that the existence of a “public emergency threatening the life of the nation” must not serve as a pretext for limiting freedom of political debate, which is at the very core of the concept of a democratic society. Even in a state of emergency the Contracting States must bear in mind that any measures taken should seek to protect the democratic order from the threats to it, and every effort must be made to safeguard the values of a democratic society, such as pluralism, tolerance and broadmindedness. The ECtHR is of the opinion that the pre-trial detention and the criminal prosecution of the journalists will inevitably have a chilling effect on freedom of expression by intimidating civil society and silencing dissenting voices in Turkey