NGOs under European Convention on Human Rights / Tymofeyeva

adequate redress in respect of the alleged violations of the Convention. Taking into account all the above, the Court ruled that the applicant had been denied an effective domestic remedy in respect of the complaint concerning a breach of the right to freedom of assembly and concluded that there had been a violation of Article 13 in conjunction with Article 11 of the Convention. 1049 The applicants in the case of Tüm Haber Sen and Çınar v. Turkey 1050 alleged that, when deciding their case, the national authorities had not taken into consideration the international treaties granting civil servants the right to form trade unions. They relied on Article 13 of the Convention taken in conjunction with Article 11. Tüm Haber Sen was a trade union founded by 851 public-sector contract staff. Its constitution provided, among other things, for the right to enter into collective agreements. The Istanbul governor’s office called upon the appropriate prosecutor to seek the suspension of activity and dissolution of the applicant union on the ground that civil servants were not entitled to form trade unions. The district court allowed the prosecutor’s application and ordered the applicant’s dissolution. The Court examined the case materials at its disposal and found an absence of any concrete evidence showing that the formation or activities of the Tüm Haber Sen union had represented a threat to Turkish society or the Turkish State. As such, the Court held that it could not be said that the statutory prohibition was sufficient in itself to ensure that the union’s dissolution satisfied the conditions of the freedom of association. The respondent state had thus failed to comply, at the material time, with its positive obligation to secure the enjoyment of the rights protected under Article 11. 1051 Having regard to these findings, the Court did not consider it necessary to examine the complaint under Article 13 of the Convention separately. 2.8.6 Article 13 and the rights in the Protocols to the Convention The Court also dealt with complaints under Article 13 of the Convention taken together with some Articles envisaged in the Protocols to the Convention. In the case of ZIT Company v. Serbia , 1052 the applicant company complained of non-enforcement of the final court’s judgment given in its favour. The Court first found a breach of Article 6 of the Convention. Then, it concluded that there had been a violation of Article 13, taken together with Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 , on account of the lack of an effective remedy under domestic law for the applicant’s complaints about the length of the enforcement at issue. 1053

1049 AYOUB, P. and PATERNOTTE, D. LGBT activism and the making of Europe : a rainbow Europe. Hampshire: Palgrave Macmillan, 2014, p. 124. 1050 Tüm Haber Sen, cited above , § 41. 1051 KOCH, I. Human rights as indivisible rights: the protection of socio-economic demands under the European Convention on Human Rights . Boston: Martinus Nijhoff Publishers, 2009, p. 249. 1052 ZIT Company v. Serbia , no. 37343/05, § 27 November 2007. 1053 Ibid ., § 65.

196