ALTUĞ TANER AKÇAM v. TURKEY JUDGMENT
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affect the interpretative attitudes of the Ministry of Justice and open the way
for arbitrary prosecutions (see paragraphs 75-77 above).
95. It follows therefore that Article 301 of the Criminal Code does not
meet the “quality of law” required by the Court’s settled case-law, since its
unacceptably broad terms result in a lack of foreseeability as to its effects
(see Amann v. Switzerland [GC], no. 27798/95, § 50, ECHR 2000-II; and
Vajnai v. Hungary, no. 33629/06, § 46,8 July 2008).
96. The foregoing considerations are sufficient to enable the Court to
conclude that the interference in question was not prescribed by law.
There has accordingly been a violation of Article 10 of the Convention.
III. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
97. Lastly, the applicant alleged a violation of Article 7 of the
Convention in that Article 301 of the Criminal Code was so vague and
broad that an individual could not discern from its wording which acts or
omissions might result in criminal liability. He maintained, lastly, that the
impugned provision also breached Article 14 of the Convention because of
its highly discriminatory consequences.
98. In the light of all the material in its possession, the Court finds that
the applicants’ submissions do not disclose any appearance of a violation of
the rights and freedoms set out in the Convention or its Protocols. It follows
that this part of the application must be declared inadmissible as manifestly
ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
99. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
Damage
100. The applicant claimed 11,200 euros (EUR) in respect of pecuniary
damage and EUR 75,000 for non-pecuniary damage.
101. The Government invited the Court not to make any awards in
respect of pecuniary damage on account of the applicant’s failure to submit
any evidence in support of his claims. The Government also considered that
the claim for non-pecuniary damage was excessive and therefore
unacceptable.