08 April 2026
Criminalization without Harm
On March 4, 2026, the Georgian Parliament passed yet another wave of anti-democratic changes to the Law on Grants and the Criminal Code. The law now criminalizes political expression if individuals or civil society organizations receive foreign support without prior government authorization. Beyond clear violations of freedom of expression and association, the Georgian case reveals a structural gap in criminal law theory and practice – the lack of substantive limits on criminalization. At the same time, the Georgian case shows that this need not be so: at least two concrete rules against criminalization emerge from the Georgian case. Continue reading >>
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19 February 2020
Byzantine Manoeuvres
The case of Osman Kavala, just as that of Selahettin Demirtaş, shows that that a system that breeds Article 18 violations responds to these judgments through yet more Article 18 violations. Bad faith rulings in Strasbourg have so far only received bad faith responses. Continue reading >>27 March 2018
A Love Letter from Strasbourg to the Turkish Constitutional Court
We can all breathe a sigh of relief: Turkey’s constitutional complaint mechanism is an effective domestic remedy. Said the European Court of Human Rights in its March 20th rulings, speaking for the first time on the issue of prolonged pre-trial detentions since the July 2016 coup attempt in Turkey. These judgments reflect the ECtHR’s continuing preoccupation with its docket crisis despite the rapid consolidation of authoritarian rule in Turkey. Continue reading >>
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03 December 2017