CASE OF SADRETTİN GÜLER v. TURKEY
Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 13+11 - Right to an effective remedy (Article 13 - Effective remedy) (Article 11 - Freedom of assembly and association;Article 11-1 - Freedom of peaceful assembly)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić;Robert Spano;Stéphanie Mourou-Vikström
5. The applicant was born in 1962 and lives in Istanbul. 6. At the material time, the applicant was a civil servant in the Metropolitan Municipality of Istanbul and a member of the local branch of the Tümbel-Sen trade union, which is affiliated to the KESK (Kamu Emekçileri Sendikaları Konfederasyonu – the Confederation of Public Employees’ Trade Unions). 7. In April 2008 two of the largest trade unions, namely the DİSK (Devrimci İşçi Sendikaları Konfederasyonu – Confederation of Revolutionary Workers’ Trade Unions) and the KESK (Kamu Emekçileri Sendikaları Konfederasyonu – Confederation of Public Employees’ Trade Unions) announced that they were planning a large scale demonstration in Istanbul for 1 May 2008 and that their members would be gathering to celebrate the Labour Day and to commemorate their friends who had lost their lives during the demonstrations of 1 May 1977. 8. In May 2008 the applicant was informed that a disciplinary investigation had been initiated against him for being absent without leave on 1 May 2008 and he was asked to submit his defence submissions. The applicant explained that he had participated in a demonstration organised by his trade union on that day to celebrate International Labour Day. 9. Subsequently, the applicant was given a warning as a disciplinary sanction owing to his being absent without leave on 1 May 2008 pursuant to section 125 of the Civil Servants Act (Law no. 657). 10. On 13 May 2008 the applicant objected to the decision and requested its annulment. 11. On 16 May 2008 the Disciplinary Board of the Istanbul Municipality dismissed the applicant’s objection, finding that the contested decision was in accordance with the law and that there were no grounds to annul it.