Sub-sub-series 60 - Eşref Yaşa

13 files

Materials pertaining to the case filed by Eşref Yaşa on 12 July 1993 against the Republic of Turkey with the European Commission of Human Rights (application number 22495/93, later given European Court of Human Rights case number 63/1997/847/1054, referred to internally within the Kurdish Litigation Project as Case 37 and assigned to Kevin Boyle as lead) in which he complained that he and his uncle, Haşim Yaşa, had been victims of armed attacks because they sold the pro-Kurdish newspaper Özgür Gündem.
Eşref Yaşa operated a newspaper kiosk in Diyarbakır. In October 1992, he began receiving death threats from police for selling Özgür Gündem. The threats escalated, culminating in the arson of his kiosk on 15 November 1992, causing significant damage. He attributed this to the threatening visit of two police officers shortly before the incident, implicating state involvement in his suffering. On 15 January 1993, while riding his bicycle with his son, Eşref was attacked, receiving multiple gunshot wounds from an assailant he believed to be linked to police officers. This encounter left him hospitalized for eleven days, leading to ongoing health problems, including pain and infection. Despite his claim identifying the police as his attackers, the public prosecutor did not pursue inquiries into the incident. Instead, Eşref faced legal repercussions for carrying an unlicensed firearm and received a sentence which was later converted into a fine.
On 14 June 1993, Eşref's uncle Haşim was shot dead in Diyarbakır while managing Eşref’s kiosk. Only Haşim’s son, Aziz, witnessed the incident. Eşref was subsequently arrested, assaulted, and threatened by police, who allegedly claimed responsibility for his uncle's murder, indicating he was the intended target. On 10 October 1993, Eşref's younger brother, Yalçın, was killed near his home after continuing his uncle’s responsibilities at the kiosk. Another brother, Yahya, was injured in the attack, which forced Eşref to sell his business due to familial losses and fears for his safety.
Eşref contended that the assaults against him and his family were part of a broader campaign targeting distributors of Özgür Gündem. To substantiate this claim, he highlighted multiple attacks against staff linked to the newspaper. The publication ceased in April 1994, after facing numerous legal hurdles, including prosecutions and temporary closures (see A44/43/1/30). Eşref pointed out that between 1992 and 1994, the employees of Özgür Gündem were victims of violence, with several journalists killed and many others subjected to threats and imprisonment. The broader environment was perilous—the newspaper had been repeatedly attacked, and kiosks selling it faced similar violence. Moreover, incidents of bombings against the Özgür Gündem’s headquarters in major cities further demonstrated the risks associated with supporting the publication. Many vendors had been murdered or harmed, reinforcing the fear prevalent in the community of those who dared to sell or distribute the newspaper.
On 2 September 1998, the European Court of Human Rights ruled unanimously that it has not been established that Eşref Yaşa was attacked and his uncle killed in violation of Article 2 of the European Convention on Human Rights; ruled by 8 votes to 1 that there had been a violation of Article 2 of the Convention in that the Turkish authorities did not conduct an adequate and effective investigation into the circumstances of the said incidents; and ruled by 8 votes to 1 that there had been a violation of Article 13 of the Convention. The Turkish Government was ordered to pay Eşref Yaşa £6,000 sterling in non-pecuniary damages and £12,000 sterling in legal fees and expenses (less 8,045 French francs received in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58238