In the case of Sarısu Pehlivan v. Türkiye the Court held that there had been a violation of the freedom of expression.

The case concerned a disciplinary penalty imposed by the Council of Judges and Prosecutors (CJP) on the applicant, a judge who at the relevant time was secretary-general of the judges’ trade union, following the publication of an interview she had given to a national daily newspaper.

The Court noted that while the applicant had been required to comply with the duty of discretion and restraint inherent in her position as a judge, as secretary-general of a trade union of judges she also assumed a role as an actor in civil society. It found that the statements made by the applicant had clearly formed part of a debate on matters of public interest and warranted a high level of protection. The political implications of the applicant’s statements on the issues concerned were not sufficient in themselves to justify restricting her freedom of expression as secretary-general of the judges’ trade union in an area affecting the essence of her profession.

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