I correctly predicted that there was a violation of human rights in DUĞAN v. TURKEY.
Information
- Judgment date: 2023-10-10
- Communication date: 2019-12-12
- Application number(s): 84543/17
- Country: TUR
- Relevant ECHR article(s): 5, 5-1, 14
- Conclusion:
Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly) - Result: Violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.599947
- Prediction: Violation
Consistent
Legend
Communication text used for prediction
The application concerns the applicant’s detention in a police station for two hours and imposition on her of an administrative fine, in the amount of 80 Turkish liras, for disrupting traffic.
The applicant raised her complaints before the Turkish Constitutional Court, which found them to be manifestly ill-founded on the ground that the applicant’s detention in police station, approximately for one hour, could be considered reasonable given that the police officers had to verify on the Turkish National Surveillance System (UYAP) whether there was any arrest warrant issued against her and that they imposed an administrative fine for disrupting traffic.
Invoking Articles 5 and 14 of the Convention, the applicant complains that the authorities deprived her of her liberty only because she was transgender.
She further argues that her alleged act should have been treated as a misdemeanour and that there was no reason to keep her in police station.
