In a landmark ruling, the European Court of Human Rights (ECHR) has found the Turkish Grand National Assembly guilty of violating the right to freedom of expression in the case of Baydemir v. Türkiye (no. 23445/18). The applicant, Osman Baydemir, a member of the Peoples' Democratic Party (HDP), had faced disciplinary measures for statements made during a parliamentary debate in 2017.

The ECHR concluded that the disciplinary sanction imposed on Mr. Baydemir, which included a two-session ban on attendance and the withholding of two-thirds of his monthly allowance, was a direct interference with his right to freedom of expression as protected by Article 10 of the European Convention on Human Rights.

The penalty was deemed excessive and unjustifiable by the court, and it found a violation of Article 10. As a result, the court awarded Mr. Baydemir compensation for both pecuniary and non-pecuniary damages, as well as reimbursement for his legal costs and expenses.

The pecuniary damages awarded to Mr. Baydemir amount to EUR 1,400, representing the withheld portion of his parliamentary allowance. Furthermore, he has been granted EUR 9,750 in non-pecuniary damages, recognizing the harm caused to his reputation and emotional well-being due to the violation of his freedom of expression.

In addition to the compensation awarded, the Turkish Grand National Assembly has been held responsible for the violation and is expected to review its disciplinary procedures to ensure they are in line with the principles of freedom of expression.

This ruling by the ECHR highlights the significance of protecting freedom of expression in democratic societies. It serves as a reminder to governments and legislative bodies to respect and uphold the fundamental rights of their citizens, particularly the right to express dissenting opinions without fear of unwarranted repercussions.

The verdict in the Baydemir v. Türkiye case not only provides redress for the violation suffered by Mr. Baydemir but also sets a precedent for similar cases involving freedom of expression in Turkey and other countries under the jurisdiction of the European Convention on Human Rights.