22. The applicants have asserted that resorting to an administrative judiciary body
against the said action is not an effective remedy and thus there is no need to exhaust this
remedy.
23. During the process of evaluation of the applications in relation to the blockage of
access to the web site with the domain name twitter.com by the Presidency of
Telecommunication and Communication, it has been decided on 25/3/2014 by the 15th
Administrative Court of Ankara that the execution of the said action be stayed in the action
for annulment filed against the said action of TİB by the Union of Turkish Bar Associations
with a request for stay of execution.
24. It is understood that the said web site is not opened for access by the administration
which is obliged to conduct acts or take actions without delay as to the requirements of court
judgments as per the provisions of legislation mentioned above (§ 14, § 17) despite the court
judgment to that effect and that although it is stated in the law that the duration in relation to the
execution of the court judgment cannot exceed thirty days, it is understood that this duration
indicates the maximum duration. The implementation of a court judgment in a state of law
requires not only an execution in form but also the elimination of the identified unlawfulness
under objective conditions and within the shortest duration possible. Taking into account,
also the fact that the judgment on a stay of execution regarding this matter is based on the
determination that the conditions where damages which are difficult or impossible to
compensate for arise as a result of the implementation of the administrative action and that the
administrative action is clearly contrary to law exist together and considering the obligation
for the administration to eliminate the negative impact caused by the action the stay of
execution of which is decided, it is understood that this liability is not fulfilled due to the fact
that the said web site is not immediately opened by TİB for access.
25. Freedom of expression is one of the foundations of a democratic society and it is
among the indispensable conditions for the development of the society and the self-realization
of the individual. Social pluralism can only be achieved in an environment of free discussion
where all kinds of ideas can be freely expressed. In this context, establishing social and
political pluralism is dependent on expression of all kinds of thoughts in a peaceful fashion
and freely. In the same manner, an individual can realize his/her unique personality in an
environment where he/she can freely express his/her thoughts and engage in discussion (B.
No: 2013/2602, 23/1/2014, § 41).
26. Taking into consideration the restrictive impact of the blockage of access to a
social media web site which has millions of users in our country on the freedom of expression
of these individuals, which is one of the foundations of a democratic society, it is an
obligation emanating from the principle of the state of law that the conformity of such
restrictions to law be urgently checked and, in the case of identifying a contrariety to law, that
the said restrictions be immediately abolished. It is observed that despite the decision of stay
of execution stated above in relation to the said administrative action, access to the web site
with the domain name twitter.com which is the subject of the violation claim of the
applicants, is still not possible. It is apparent that the information and thoughts shared on the
social media in relation to certain incidents and cases may become outdated and lose their
effect and value as time passes. Under these circumstances, it is concluded that it cannot be
said that the court judgment provides an effective and accessible protection in terms of
removing the violation and the negative consequences thereof against the uncertainty about
when access to the web site will be possible again upon the enforcement of the court
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos