Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 04/26/2007

Subject: The applicant maintained that his criminal conviction had infringed his right to freedom of expression and complained of the fact that he had not been provided with a copy of the opinion of the Principal Public Prosecutor at the Court of Cassation. He relied, in particular, on Articles 10 (freedom of expression) and 6 § 1 (right to a fair trial). The Court considered that the reasons given by the Turkish courts could not be considered sufficient in themselves to justify the interference with the applicant’s right to freedom of expression. While certain passages of the article had painted a negative picture of the Turkish State’s policy towards its citizens of Kurdish origin, they did not exhort the use of violence or incite resistance or rebellion, and they did not constitute hate-speech, which, in the Court’s view, was the essential element to be taken into consideration. The Court considered that the applicant’s conviction had been disproportionate to the aims pursued and, accordingly, had not been “necessary in a democratic society”. It therefore held, unanimously, that there had been a violation of Article 10. The Court further held, unanimously, that there had been a violation of Article 6 § 1 on account of the failure to provide the applicant with a copy of the opinion of the Principal Public Prosecutor. It considered that there was no need to examine the applicant’s other complaints separately.

Parties: Capan c/ Turchia

Classification: Freedoms - Art. 11 Freedom of expression - Freedom of information - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing