Freedom of assembly on axis of supranational Human Rights Law, European Convention on Human Rights and the European Court of Human Rights jurisprudence and Turkey sample

The freedom of assembly and demonstration which constitutes our study's subject is closely related to freedom of expression and expressing the opinion that are in the position of indispensable of states. People come together thanks to assembly and demonstrations in the direction of common interests and a particular goal; and try to form public opinion by transferring their own idea on some issues.The purpose of our study is to research the freedom of assembly and demonstration in the dimension of ECHR and to determine whether Turkey is an abusive country or not on this issue. Decisions the ECHR gave about the freedom of assembly and demonstration are investigated and it is concluded that Turkey is on abusive country in the context of the freedom of assembly and demonstration. Thus, 61 of 151 decision of violation that ECHR gave on Article 11 between the years of 1959-2013 are against Turkey. Featured matters in the decision of violation; the impatience of law enforcement officers, disproportionate use of force and lack of tolerance of public authorities. In the disputes about the freedom of assembly and demonstration, ECHR investigates firstly whether the interventions have legal basis or not, then determines whether these interventions have legitimate aims that are specified in the Article 11.As the final level, ECHR investigates that whether intervention is necessary in a democratic society. In many violation decisions that are given against Turkey, although it is defined that the interventions which are done by law enforcement officers have legal basis and have legitimate purposes, it is concluded that such things shouldn't happen in democratic societies. In that case, both states and law enforcement officers are responsible for establishing exactly the freedom of assembly and demonstration in a country. Keywords: Right, Freedom, Human Rights, Assembly, Demonstration, the Freedom of Assembly and Demonstration