A/HRC/6/17
page 10
dealt with the situation under the first sentence of the first paragraph of article 1, “since the
impugned measures undoubtedly restricted the applicants’ rights to use and dispose of their
possessions”.16 The Court acknowledged the extraordinary measures taken by the Government in
order to maintain the security of the state of emergency region, but observed “that, in the
circumstances of the case, the refusal of access to Boydaş had serious and harmful effects that
have hindered the applicants’ right to enjoyment of their possessions for almost 10 years, during
which time they have been living in other areas of the country in conditions of extreme poverty,
with inadequate heating, sanitation and infrastructure”. The Court held that the action taken by
the Government was not proportionate to the aim pursued and for the same reasons held that
there had been a violation of article 8, which enshrines the right to respect for family life and
home.17
30. Since these events, Turkey has developed a compensation scheme to address grievances
and to provide a domestic remedy.18 The judgements by the Court are nevertheless referred to
here to illustrate how the right to housing and the consequences of internal displacement can be
addressed through a treaty pertaining to civil and political rights.
31. Within the Council of Europe framework, the European Social Charter (revised) is the
main instrument with special focus on economic and social rights. The monitoring body of the
treaty, the European Committee on Social Rights, has on occasion reflected on counter-terrorism
measures and legislation in its consideration of State party reports. For example, when
considering a report by Turkey, the Committee held in 2002 that depriving press professionals of
their jobs or preventing them from exercising their profession by sentencing them to prison on
the grounds that they expressed a political opinion, in circumstances that did not constitute a
clear and imminent danger to security or to the public interest, may also constitute violation of
their right to earn a living in an occupation freely entered upon, which was contrary to article 1,
paragraph 2, of the Charter.19 However, in a subsequent reporting round in 2006, the Committee
noted that the law had been amended and no longer provided for the imprisonment of press
officials and as such did not lead to a finding of non-conformity.20
32. The advisory committee of the Framework Convention for the Protection of National
Minorities considered counter-terrorism measures and their impact on human rights with
reference to article 6 on the duty to encourage a spirit of tolerance and intercultural dialogue,
16
Ibid., para. 146.
17
Ibid., paras. 153, 155, 159 and 160.
18
Act on the Compensation of Losses Resulting from Terrorist Acts and Measures Taken to
Fights Against Terror, Law No. 5233; see also report of the Special Rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering terrorism, mission to
Turkey (A/HRC/4/26/Add.2), paras. 40-45.
19
20
Conclusions XVI-1, p. 643.
Conclusions XVIII-1.
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