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Orijinalini görmek için tıklayınız : Press release of European Court of Human Rights



**MegaStarkan**
10-06-10, 00:40
http://static.ideefixe.com/images/89/89512_2.jpg

Violation of Article10 (freedom of expression)

of the European Convention on Human Rights

Principal facts

The applicant, Özcan Sapan, is a Turkish national who was born in 1960 and lives in Istanbul. In 2001 his publishing house published a book entitled “Tarkan – anatomy of a star” (Tarkan – yıldız olgusu), in which a doctoral thesis was reproduced in part. The first part of the book analysed the emergence of stardom as a phenomenon in Turkey and the second part focused on Tarkan, a well-known pop singer there. The book also contained 31 pictures of Tarkan that had been published in the press and 3 magazine covers featuring the star.

On 17 September 2001 the singer lodged a complaint with the Istanbul Court of First Instance requesting that the book be seized and its distribution prohibited, considering that it adversely affected his image and his personality rights. He based his complaint on the fact that the book bore his name and contained photos of him, and that nine brief passages featured speculation about his sexual inclination, his allegedly effeminate side and certain poses deemed explicit. On 24 September 2001 the court allowed his complaint and ordered the book to be seized. On 3 October 2001 Tarkan brought an action for damages against Mr Sapan and the book’s author before the same court, for infringement of his personality rights.

On 22 October 2001 Mr Sapan applied for the seizure order to be lifted, arguing that it was unfounded and unjustified. He submitted that the book, part of which was taken from a doctoral thesis, was the result of scientific and sociological research and should be viewed as a whole. On 13 December 2001 the judge dismissed his application, without giving reasons. Mr Sapan twice renewed his application for the seizure order to be lifted, but both applications were again rejected, in September 2002 and September 2003, without any reasons being given, in spite of two expert reports, produced at the court’s request, which were favourable to Mr Sapan.

In its decision on the merits, on 13 May 2004, the court finally rejected the singer’s claim for damages and lifted the seizure order on the book. In the light of the expert reports and the book as a whole, it found that the passages containing sociological research, which were partly taken from publications and audiovisual productions, had not been written with a view to infringing Tarkan’s personality rights.

However, on 22 November 2005 the Court of Cassation set that judgment aside. Considering that the book “addressed subjects related to the singer’s personal life rather than his public persona”, it found that it had infringed his personality rights. The proceedings are still ongoing in the Turkish courts.

Complaints, procedure and composition of the Court

Relying on Article 10 (freedom of expression) and Article 6 § 1 (right to a fair hearing), Mr Sapan complained about the seizure of the book and the decision ordering it, which he considered unjustified. He further relied on Article 1 of Protocol No.1 (protection of property), in respect of the loss allegedly sustained because of the seizure of the book.

The application was lodged with the European Court of Human Rights on 14 October 2004.

Judgment was given by a Chamber of seven judges, composed as follows:

Françoise Tulkens (Belgium), President,
Ireneu Cabral Barreto (Portugal),
Danutė Jočienė (Lithuania),
Dragoljub Popović (Serbia),
András Sajó (Hungary),
Işıl Karakaş (Turkey),
Nona Tsotsoria (Georgia), Judges,

and also Sally Dollé, Section Registrar.

Decision of the Court

Freedom of expression (Article 10)

The main question the Court had to examine was whether the seizure of the book – a measure prescribed by law and pursuing the legitimate aim of protecting the rights of others – was an interference with freedom of expression that could be considered “necessary in a democratic society”.

First of all, the Court noted that the book in dispute partly reproduced a doctoral thesis, and emphasised the importance of academic freedom. The researcher who wrote the book analysed the “star” phenomenon and its emergence in Turkey, before turning his attention to the singer’s arrival on the music scene and his rise to stardom. Through Tarkan, therefore, and using scientific methods, the book addressed the social phenomenon of stardom. It could not be compared with the tabloid press, or gossip columns, whose role was generally to satisfy the curiosity of a certain type of reader about details of celebrities’ private lives.

As to the nature of the photographs used to illustrate the book, the Court noted that they were all pictures for which the singer had posed and which had already been published.

The Court went on to note that the court whose role it had been to examine the need for the restriction imposed on Mr Sapan’s freedom of expression had ordered the book to be seized based on the singer’s complaints, without giving any reasons. Just as it had rejected Mr Sapan’s subsequent requests for the lifting of the seizure without giving reasons. In spite of the findings of expert reports in Mr Sapan’s favour (to the effect that there had been no infringement of the singer’s image or personality rights), the ban on the book had lasted almost two years and eight months, until the judgment on the merits was pronounced.

These considerations led the Court to find that, in the absence of sufficient and relevant reasons, the seizure of the book “Tarkan – anatomy of a star” could not be considered necessary in a democratic society. There had therefore been a violation of Article 10.

Other complaints (Article 6 § 1 and Article 1 of Protocol No. 1)

As the main legal issue raised by the case (freedom of expression) had been determined, the Court did not consider it necessary to examine separately Mr Sapan’s complaints concerning the fairness of the proceedings or the financial loss allegedly sustained.

Just satisfaction (Article 41)

Mr Sapan asked the Court to award him sums to cover both the pecuniary damage (costs incurred for the preparation of the book, printing and advertising costs, lost sales) and the non-pecuniary damage sustained as a result of the violation. The Court rejected the claim in respect of pecuniary damage, which was extremely speculative, but held that Turkey was to pay Mr Sapan 2,000 euros (EUR) in respect of non-pecuniary damage, and EUR 1,000 for costs and expenses.

http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&source=tkp&highlight=sapan%20%7C%20v.%20%7C%20turkey&sessionid=55127557&skin=hudoc-pr-en

yandim
10-06-10, 11:06
freedom of expression,the human rights and democratic society ..any one may believe these words..but not US..we believe of course but without spread and verifying for blabber mouths and gossips..with respect the others lives and privacy..thank you very much really worth to read..

Dazzle
10-06-10, 18:29
freedom of expression,the human rights and democratic society ..any one may believe these words..but not US..we believe of course but without spread and verifying for blabber mouths and gossips..with respect the others lives and privacy..thank you very much really worth to read..

:23: looks up from my knitting! Oh looky here! She's alive! lol :22: <--from Tarkan! lol

This author of the book used Tarkan as an example just to sell books! Whatever his reason for using Tarkan's name is a bullshit in the first place! Was is he acting like Tarkan is the one and only star in Turkey! What about Mustafa Sandal and others hmmmm! Hell I have known about Ibrahim Tatlises since I was a kid! Nothing but his music etc in my home and I am from Canada lol ! Sezen Aksu is well known too outside of Turkey but yet his use of Tarkan's name well come on even a moron could figure out why he does! lol

I understand the courts saying the pics were already published but they were still violating Tarkan's rights anyways b/c it's not like the pics were published with his consent in the first place. The hell he went through then etc why should he go through yet one more time! It was what it was and that's it! Move on people and stop trying to make money off of Tarkan`s name anyways you can! Even as far as I am concerned it`s haram (spelling)!

With that said I will go back to my knitting :23: lol

stranger
10-06-10, 19:09
i think the book will make serious money if it's out in shops soon!
hope it wont affect Tarkan's image in the public eye cause his sexuality doesn't add or take out from the artist we grew up loving :) not to mention that it happened like ages ago!
to be honest it's really interesting subject to read about but will leave Tarkan uncomfortable ...... sigh

yandim
10-06-10, 23:34
:23: looks up from my knitting! Oh looky here! She's alive! lol :22: <--from Tarkan! lol

This author of the book used Tarkan as an example just to sell books! Whatever his reason for using Tarkan's name is a bullshit in the first place! Was is he acting like Tarkan is the one and only star in Turkey! What about Mustafa Sandal and others hmmmm! Hell I have known about Ibrahim Tatlises since I was a kid! Nothing but his music etc in my home and I am from Canada lol ! Sezen Aksu is well known too outside of Turkey but yet his use of Tarkan's name well come on even a moron could figure out why he does! lol

I understand the courts saying the pics were already published but they were still violating Tarkan's rights anyways b/c it's not like the pics were published with his consent in the first place. The hell he went through then etc why should he go through yet one more time! It was what it was and that's it! Move on people and stop trying to make money off of Tarkan`s name anyways you can! Even as far as I am concerned it`s haram (spelling)!

With that said I will go back to my knitting :23: lol


knitting..knitting ..you kill me with your knitting we don't live in Alaska it's too hot indeed ..uff
I'm alive cause death is a luxury I can't dream about it ..I agree that every one run after money ..how I hate this word ..every body is a thief in his way
lawyers judges there is no justice in this world and if you want your rights
you have to buy it ...I hate people more than before..
hope that Tarkan doesn't pay attention for this book ..
next time I shall take your knitting and throw them find another thing..:28:

Dazzle
10-06-10, 23:59
knitting..knitting ..you kill me with your knitting we don't live in Alaska it's too hot indeed ..uff
I'm alive cause death is a luxury I can't dream about it ..I agree that every one run after money ..how I hate this word ..every body is a thief in his way
lawyers judges there is no justice in this world and if you want your rights
you have to buy it ...I hate people more than before..
hope that Tarkan doesn't pay attention for this book ..
next time I shall take your knitting and throw them find another thing..:28:

LOL wellll sorry msssy ! Unfortunately, we Canadians get winters here! It's not summer 24/7 like were some people live lol Well don't hate on the knitting Tarkan says it's soothing etc shrugs! Besides you can knit other things besides winter clothing lol

yandim
11-06-10, 21:48
LOL wellll sorry msssy ! Unfortunately, we Canadians get winters here! It's not summer 24/7 like were some people live lol Well don't hate on the knitting Tarkan says it's soothing etc shrugs! Besides you can knit other things besides winter clothing lol

well It's not a secret any more ..I'm a fool you live near Alaska ..but I'm melting here and every time I saw you knitting I remember Silvester Stallone even I don't remember the name of the movie ...about the book we don't lose the time yet.he must think of these things to pass this position
1- write a book about his life ..people will believe him .or at least he can declear that he has an antention to write a book cause it will take a lot of time.
he knew about this book since 2001 why he didn't start writing to protect himself.
2-from this time and up he has to make a good relation with the media ..being angery and leaving will not be useful people need a responds.
3-After his drugs case's end he must think about joining a party ..these people will protect him ..we know they will use his name and his welfar but no one can tuch him
4-personally I would buy this book and put it in my library .some one has to tell him this .

Dazzle
13-06-10, 04:14
well It's not a secret any more ..I'm a fool you live near Alaska ..but I'm melting here and every time I saw you knitting I remember Silvester Stallone even I don't remember the name of the movie ...about the book we don't lose the time yet.he must think of these things to pass this position
1- write a book about his life ..people will believe him .or at least he can declear that he has an antention to write a book cause it will take a lot of time.
he knew about this book since 2001 why he didn't start writing to protect himself.
2-from this time and up he has to make a good relation with the media ..being angery and leaving will not be useful people need a responds.
3-After his drugs case's end he must think about joining a party ..these people will protect him ..we know they will use his name and his welfar but no one can tuch him
4-personally I would buy this book and put it in my library .some one has to tell him this .

Well technically, I do live beside Alaska but I don't live that close to Alaska lol ! Alaska is next the territory "Yukon". I live in the province of Ontario! Regardless, though we still get our winters a few months of the year.

Well he could write a book but people are going to believe what they want to believe regardless anyways if he writes one or not!

hup Remix
13-06-10, 09:40
Everyone of us personal liberty and before Ihaspo Tarkan something for themselves first before Ihaspo

Do you accept one of them encroaching on personal liberty?

To leave it alone enough what happened to him in recent times

jetaime
13-06-10, 19:36
everyone of us personal liberty and before ihaspo tarkan something for themselves first before ihaspo

do you accept one of them encroaching on personal liberty?

To leave it alone enough what happened to him in recent times

i also think like you:20:

yandim
13-06-10, 21:06
Well technically, I do live beside Alaska but I don't live that close to Alaska lol ! Alaska is next the territory "Yukon". I live in the province of Ontario! Regardless, though we still get our winters a few months of the year.

Well he could write a book but people are going to believe what they want to believe regardless anyways if he writes one or not!

we are talking about realities ..this idiot doctor has depended on videos while scientifically Anatomy is a science which mean mathematics right or wrong ..laws not theories..we just need to clarify this point not more..if you understand me