The European Court of Human Rights (the ECtHR) ruled Turkey’s seizure of all copies of a magazine promoting LGBT rights breached Article 10 of the European Convention on Human Rights (the Convention), which guarantees freedom of expression. This is the first time the ECtHR has held that the suppression of LGBT-specific publications amounted to a violation of Article 10.
Kaos GL is a Turkish cultural research and solidarity association which promotes LGBT rights. Since 1994, it has published the magazine Kaos GL which covers subjects relevant to the Turkish LGBT community. In 2006, the Ankara Chief Prosecutor Ankara seized three copies of issue 28 of the magazine before distribution. The issue contained articles on pornography and included some explicit images. At the Chief Prosecutor’s request, Ankara’s Criminal Court of First Instance seized all copies of the magazine pending a criminal investigation, on the basis that the content of the articles and images in the issue were contrary to the protection of public morals. Kaos GL’s appeal to the Criminal Court was dismissed. Umet Güner, president of Kaos GL and editor-in-chief of the magazine, was charged under the Turkish Penal Code with publishing obscene images via the press. He was acquitted by the Criminal Court in 2007 as the magazine had been seized before it was ever distributed – as part of the judgment, return of all seized copies to Güner and his association was ordered. This decision was upheld by the Court of Cassation.
Koas GL argued that the seizure of all copies of the magazine violated its freedom of expression, and that the criminal proceedings initiated against Güner had a deterrent effect on their future editorial activities.
The ECtHR noted that the magazine was seized pursuant to Turkey’s Constitution and to its Code of Criminal Procedure, and that the purported aim of the seizure – to protect public morals – is a legitimate one. It held, however, that the reasons given did not discuss why a given article or image in the issue infringed this principle. The Court of First Instance and the Criminal Court’s arguments were held to be “broad and unreasoned”, and thereby insufficient to justify the magazine’s blanket seizure.
The ECtHR’s found the publication to be specifically aimed at a certain category – the LGBT community. It was acknowledged that measure taken to prevent access to the publication by certain groups, such as minors, might have met a pressing social need but this did not justify the prevention of access by the general public. The ECtHR found that Turkey could have used less harsh preventative measures, such as prohibiting sale to minors. To do so was a disproportionate interference with the applicant’s exercise of freedom of expression, which was not necessary in a democratic society within the meaning of Article 10 of the Convention.
Click here for the full judgment in Kaos GL v Turkey (in French only).
Click here for a copy of the press release.