Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 09/20/2007

Subject: Freedom of expression. The applicant, Erdal Taş, is a Turkish national who was born in 1974 and lives in Fribourg (Switzerland). At the material time he was the editor of the daily newspaper 2000’de Yeni Gündem (New Agenda 2000). In 2001 2000’de Yeni Gündem published a number of articles reporting statements made by members of an illegal organisation, the PKK (Workers’ Party of Kurdistan). In the same year Mr Taş was fined several times for publishing these articles, but did not pay. On a date which has not been specified he settled in Switzerland. The newspaper then ceased publication. Relying on Article 6 § 1 (right to a fair trial) and Article 10 (freedom of expression), among other provisions, the applicant argued that his criminal convictions had infringed his right to freedom of expression and complained that the proceedings against him had not been fair, in particular because he had not been supplied with a copy of the opinion of the Principal Public Prosecutor at the Court of Cassation. As regards the allegation concerning failure to supply the applicant with a copy of the Principal Public Prosecutor’s opinion, the Court observed that it had previously examined complaints identical to the one raised by the applicant and had found violations of Article 6 § 1. In all four cases it held unanimously that there had been a violation of Article 6 § 1. In cases nos. 2 and 5 it declared the remainder of the applications inadmissible. In cases nos. 3 and 4 the Court emphasised that the statements in issue contained no incitement to violence, resistance or rebellion and did not constitute hate-speech, which it considered the essential element to be taken into consideration. It accordingly held unanimously that there had been violations of Article 10.

Parties: Erdal Tas c/ Turchia (n. 2); Erdal Tas c/ Turchia (n. 5); Erdal Tas c/ Turchia (n. 3); Erdal Tas c/ Turchia (n. 4)

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