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The European Court of Human Rights (ECtHR) has ruled on the application of representatives from the Confederation of Progressive Trade Unions of Turkey (DİSK) and other trade union representatives regarding the police intervention on May 1, 2007 during a demonstration on Taksim Square in Istanbul.

The court convicted Turkey of violating the right to freedom of assembly and association under Article 11 of the European Convention on Human Rights (ECHR) and sentenced Turkey to compensate each applicant in respect of non-pecuniary damage in amount of 7,500 Euros.

The applicants of the case are the DİSK, then DİSK Chair Süleyman Çelebi, then DİSK Secretary General Arzu Çerkezoğlu as well as Musa Çam, Adnan Serdaroğlu, Kamer Aktaş, Celal Ovat, Ali Rıza Küçükosman and Turkish Medical Association (TTB) then Chair Gençay Gürsoy.

Ruling on a previous case, the court had convicted Turkey on the same grounds with regards to the police violence on May 1, 2008.

234 people were detained in police intervention

In the court decision, the course of events are described as follows:

"On 19 April 2007 the DİSK, TBB the Revolutionary Trade Union of Health Workers informed the governor's office of their intention to hold a demonstration on 1 May 2007 on Taksim Square (a symbolic location on account of the events of 1 May 1977, during which 34 people died).

"The three organisations planned to lay a wreath at the the monument to Atatürk and to hold a press conference calling for the recognition of 1 May as a public holiday (such a law was enacted on 22 April 2009).

"On 30 April 2007 the Istanbul Security Directorate informed the DİSK that the governor's office had refused to authorise the demonstration, but that authorisation could be granted for a wreath-laying ceremony in which only the representatives of the trade union's administrative board would take part.

"On 1 May 2007 the trade unionists, including the applicants, gathered with a view to proceeding towards Taksim Square. The police ordered them to end their meeting and disperse, but the demonstrators refused to comply. The security forces then began to disperse the group but the demonstrators resisted and a confrontation developed. The police used tear gas and water hoses. Over the course of the day 234 people, including three of the applicants, were placed in police custody and detained overnight.

Not police but the applicant was charged

"On different dates the applicants lodged complaints against the governor and against the Istanbul Security Director and his deputy, alleging an abuse of power. They also lodged complaints against all the members of the security forces, submitting that they had used disproportionate force in dispersing the demonstrators. Those complaints gave rise to findings that there was no case to answer.

"On 27 April 2007 Mr Çelebi was charged, among other things, with incitement to take part in an illegal demonstration in his capacity as president of the DISK. He was acquitted in July 2008.

"A total 234 people, including three applicants, were also referred to the prosecutor's office for having taken part in a prohibited demonstration. The proceedings against them were discontinued in September 2007.

"Relying in particular on Article 11 (freedom of assembly and association), the applicants complained about the security forces' intervention.

Ruling on the application against the police violence, the court convicted Turkey of violating the right to freedom of assembly and association under Article 11 of the European Convention on Human Rights (ECHR) and sentenced Turkey to compensate each applicant, namely Süleyman Çelebi, Musa Çam, Adnan Serdaroğlu, Kamer Aktaş, Celal Ovat, Ali Rıza Küçükosman, Gençay Gürsoy, Arzu Çerkezoğlu and the "DISK" trade union in respect of non-pecuniary damages in amount of 7,500 Euros. (AS/DG)