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Parliamentary Assembly Resolution 2077(2015) on the abuse of pretrial detention in States Parties to the European Convention on Human Rights, 1 October 2015


Parliamentary Assembly Recommendation 2081(2015) on abuse of pretrial detention in States Parties to the European Convention on Human Rights presented to the Committee on Legal Affairs and Human Rights by Pedro Agramunt, 1 October 2015


Parliamentary Assembly Report 13863 on the abuse of pretrial detention in States Parties to the European Convention on Human Rights presented to the Committee on Legal Affairs and Human Rights by Pedro Agramunt, 7 September 2015


Committee of Ministers Recommendation Rec(2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse, 27 September 2006


Committee of Ministers Recommendation Rec(2006)2 on the European Prison Rules, 11 January 2006


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20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Mehmet Altan’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Altan’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Altan’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Şahin Alpay’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Alpay’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 46 (binding force and execution of judgments) of the Convention, the Court held that it was incumbent on the respondent State to ensure the termination of Mr Alpay’s pre-tria detention at the earliest possible date. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Alpay’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.
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13 September 2021 Strasbourg

New issue of Safety of Journalists Weekly

Council of Europe Resources Council of Europe Resources

Parliamentary Assembly Resolution 2077(2015) on the abuse of pretrial detention in States Parties to the European Convention on Human Rights, 1 October 2015


Parliamentary Assembly Report 13863 on the abuse of pretrial detention in States Parties to the European Convention on Human Rights presented to the Committee on Legal Affairs and Human Rights by Pedro Agramunt, 7 September 2015


Committee of Ministers Recommendation Rec(2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse, 27 September 2006


Committee of Ministers Recommendation Rec(2006)2 on the European Prison Rules, 11 January 2006


other resources other resources

Cartooning for Peace, Practical guide for the protection of editorial cartoonists, 2019


South-East Europe Media Organisation: Safety Net – Guidelines for journalists in extraordinary or emergency situations, 2015

International News Safety Institute: Journalism Safety: threats to media workers and measures to protect them, 20 February 2014


Centre for Media Pluralism and Media Freedom Policy Report: European Union competencies in respect of media pluralism and media freedom, 2013

UN Inter-Agency Meeting on the Safety of Journalists and the Issue of Impunity in Vienna: London Statement on the safety of journalists and the issue of impunity by the global media community, 18 October 2012


48 Editors-in-Chief and Leading Journalists: European Charter on Freedom of the Press, 25 May 2009

Howard, Ross Conflict-Sensitive Reporting: state of the art; a course for journalists and journalism educators, 2009

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