ECtHR: Sanctions Against Students Demanding Kurdish Lessons Violate Right To Education

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The European Court of Human Rights (ECtHR) ruled today (December 12) on the application of seven university students who requested to have optional Kurdish lessons. The court found that the disciplinary investigations of the students, their suspension or expulsion from the university after submitting an application to the University administration to have optional Kurdish lessons, constituted a violation of the right to education.

Turkey was convicted by the court for violating the right to education under Article 2(1) of the European Convention on Human Rights (ECHR) and will have to compensate each students in moral damages in amount of 1,500 euros.

Administrative court: Submitting petition falls under freedom of expression

Students at the İstanbul University applied to the Presidency of the university to open optional Kurdish lessons.

The university administration did not grant the request of the students and launched a disciplinary investigation into the students.
Mehmet Halit Çölgeçen from Hakkari, Mürsel Bek from Bingöl, Münür Ay frım Diyarbakır, Ruken Buket Işık from Muş and Übeyt Salim, Yavuz Uçak, Mustafa Çalışkan, Ali Turğay from İstanbul were subjected to disciplinary investigations.

Earlier, İstanbul University Disciplinary Commission had decided to expel 32 students from the university, suspend 38 students for two semesters and suspend seven others for one semester after having applied to the Presidency of the University to open optional Kurdish courses.

After the students applied to administrative courts and challenged the sanctions, the courts ordered a motion for stay of execution. Following the court order, the students were allowed to continue taking courses and take the make-up exams.

In December 2002, the administrative court ruled that sanctions against the students were unlawful and revoked the disciplinary punishments. The court found that submitting a petition or expressing their opinions should not be considered a reason for disciplinary punishment.

On the other hand, the court decided against the students suing the university administration for damages and pointed to the fact that the student were allowed to take the make-up exams after all.

Ruling on the applications of the seven students today the ECtHR found that the disciplinary sanctions that caused an extension of the study period of the students constituted a violation of the right to education. (AS/DG)