Abstract:

The European Court of Human Rights puts an increasing emphasis on the significance of the right to freedom of assembly in a pluralistic democracy and adopts an ever-expanding interpretation of this right, in the light of the parallel developments observed in the area of freedom of expression. Although the Turkish domestic laws on freedom of assembly appear to be in compliance with the standards laid down by the European Court of Human Rights in general, the application of these legal norms in practice has proved to be more problematic. The forceful intervention of the security forces targeting peaceful public demonstrations that are nevertheless deemed illegal for non-compliance with the notification condition, or the use of disproportionate force by the security forces in such circumstances, are the primary reasons underlying the violations found against Turkey. In this connection, the due implementation of the Strasbourg standards in domestic law and practice is a duty of the Turkish State not only out of respect for its public international law obligations, but also by virtue of Article 90 of the Constitution

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