Slain Armenian editor Hrant Dink
STRASBOURG—The European Court of Human Rights on Tuesday found Turkey guilty of failing “in their duty to protect the life and freedom of expression” Hrant Dink. The court also ruled that Turkey should pay damages of 100,000 euros ($135,000) to Dink’s wife, Rakel and his children. An additional 5000-euros were awarded to Dink’s brother and the court ordered Turkey to pay 28,595 euros to the applicants for costs and expenses.
The Court unanimously found that Turkey had committed two violations of Article 2 (right to life—lack of an effective investigation), a violation of Article 10 (freedom of expression) and a violation of Article 13 (right to an effective remedy) in conjunction with Article 2 of the European Convention on Human Rights.
The Turkish Foreign Ministry announced Tuesday that it would not appeal the case at the European court. In its statement, the ministry said precautions would be taken to prevent similar breaches of rights in the future.
Turkey’s defense at the European court attracted widespread criticism after it drew parallels between neo-Nazism and Dink’s perspectives. The defense also said Dink did not ask for personal protection, a fact it suggested meant he was not under threat.
Dink family lawyer Arzu Becerik said the European court’s verdict would significantly affect the ongoing criminal case on the journalist’s murder, private news channel CNNTürk reported.
Becerik said they had informed the European court of their criminal complaints against public officers who had allegedly neglected to protect Dink, and of the lack of results from such complaints.
The European court’s decision on the breach of the right to due legal process will play a role in the ongoing Turkish case about Dink’s murder, Becerik said. The current case in Turkish courts “is not targeting the real criminals and is not capable enough of doing so,” the lawyer added.
“Unfortunately none of the decisions will bring back Hrant; that is why our happiness is bitter,” Aris Nalcı, the legally responsible editor of weekly Agos, said after the verdict was announced.
“What other decision could have been made in a tragic situation like this?” Etyen Mahcupyan, a former editor-in-chief of Agos, asked. “Turkey has become used to these kinds of cases.”
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
Below is the full-text of the judgment.
Chamber judgment
Not final
Dink v. Turkey (applications no. 2668/07, 6102/08, 30079/08, 7072/09 and 7124/09)
THE AUTHORITIES FAILED IN THEIR DUTY TO PROTECT THE LIFE AND FREEDOM OF EXPRESSION OF THE JOURNALIST FIRAT (HRANT) DINK
Unanimously:
Two violations of Article 2 (right to life – lack of an effective investigation),
violation of Article 10 (freedom of expression) and
violation of Article 13 (right to an effective remedy) in conjunction with Article 2
of the European Convention on Human Rights
Principal facts
The applicants are six Turkish nationals: Fırat Dink, who was known under the pen name of Hrant Dink, his wife (Rahil Dink), his brother (Hasrof Dink) and Fırat and Rahil Dink’s three children (Delal Dink, Arat Dink and Sera Dink). Fırat Dink was born in 1954 and was assassinated on 1