Sabuncu and Others v. Turkey: the final chapter of the Cumhuriyet Trial?

Matteo Mastracci, Ph.D. Researcher at Koç University, and reporter for Oxford Reports on International Law (ORIL)

In a long-awaited decision, the European Court of Human Rights finally ruled on 10 November 2020 on the case of Sabuncu and Others v. Turkey. The case, better known as the Cumhuriyet trial, named after the newspaper in which the applicants were working as journalists, concerned the detention of ten individuals on terrorism-related charges. The Court, in a much ado about nothing decision, found a violation of Article 5 §1 (right to liberty and security) and Article 10 (freedom of expression) of the Convention. However, upon closer inspection, both the legal argumentation and the concrete outcome of the judgment are only partially satisfactory.

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