Freedom of expression Archives

Strasbourg for the first time against the coronavirus! Inadmissible application for omissions and inadequate handling of the health crisis due to Covid-19, without the plaintiff being a victim!

Article 10
03/12/2020 16:12

JUDGMENT
Le Mailloux v. France 03.12.2020 (app. no. 18108/20)
The case concerned the applicant’s objections to the handling by the French State of the Covid-19
health crisis.
The Court observed that the applicant was complaining about the measures taken by the French State to curb the propagation of the Covid-19 virus among the whole population of France, but had not shown how he was personally affected. It reiterated that it did not recognise an actio popularis:
meaning that applicants cannot complain about a provision of domestic law, a domestic practice or
public acts simply because they appear to contravene the European Convention on Human Rights. In
order for applicants to be able to claim to be a victim, they must produce reasonable and convincing
evidence of the likelihood that a violation affecting them personally will occur.
The application was thus incompatible with the European Convention.

Freedom of expression is violated by the unlawful detention of a journalist during the performance of his duties. Detention is not compatible with the ECHR when there is no reasonable suspicion of guilt

Article 10
26/11/2020 14:57

JUDGMENT
Şık v. Turkey 24.11.2020 (app. no. 36493/17)
The case concerned the initial and continued pre-trial detention of the journalist Ahmet Şık, who
was suspected of disseminating propaganda in favour of organisations considered to be terrorist
organisations or of assisting them through articles and interviews published in the Turkish daily
newspaper Cumhuriyet and social media posts, all of which criticised government policy.
The Court held that Mr Şık could not be reasonably suspected, at the time of his placement in
detention, of having committed the offences of disseminating propaganda in favour of terrorist
organisations or assisting those organisations. In other words, the facts of the case did not support
the conclusion that a reasonable suspicion had existed against him. Accordingly, although imposed
under judicial supervision, the orders for Mr Şık’s initial and continued detention had been based on
mere suspicion.

The surreptitiously taken photos of the applicant who was the Party Chairman partner at her exit from the hospital violated the respect for private life

Article 10
23/11/2020 07:27

JUDGMENT
Dupate v. Latvia 19.11.2020 (app. no. 18068/11)
Photographes taken secretly of mother and newborn child as they leave the maternity clinic and their publication in the media. The applicant was the partner of the President of a political party, who was a public figure. Right to the protection of the privacy of the mother. Balancing privacy and freedom of expression.

Condemnation of a politician because he did not assist the police in dispersing demonstrations! Violation of freedom of expression

Article 10
22/11/2020 10:25

JUDGMENT
Ιmrek v. Turkey 10.11.2020 (app. no. 45975/12)
Criminal conviction of a politician for participating in demonstrations and non-assistance of the police in the dissolution. Freedom of expression.

The applicant was convicted of propaganda in favor of a terrorist organization. The domestic courts based their conviction on his participation in two demonstrations and his lack of assistance to the police in dispersing the protesters. They considered that he did not have the appropriate reaction to the disputed actions of the protesters, that he only had to warn them, that he had not asked the government commissioner to end the demonstration and had not provided the necessary assistance to him and the police for this purpose.

A journalist described a high school headmaster as a “neo-Nazi” and a “theoretician of the entity ‘Golden Dawn .” His criminal conviction violated the freedom of expression!

Article 10
05/11/2020 16:26

A journalist described a high school headmaster as a “neo-Nazi” and a “theoretician of the entity ‘Golden Dawn .” His criminal conviction violated the freedom of expression!

The prosecution and lengthy proceedings against professors for the content of their report violated their freedom of expression, regardless of their acquittal

Article 10
04/11/2020 08:46

The case concerned two university professors (Mr Kaboǧlu and Mr Oran) who had been the target of various reactions following the publication of a report on minority

Turkish courts have sentenced an opposition leader to compensation for saying ” you are not godly, you are a religion-monger “! Condemnation of Turkey for violating freedom of expression!

Article 10
27/10/2020 16:47

JUDGMENT Kılıçdaroğlu v. Turkey 27.10.2020 (app. no. 16558/18) see here SUMMARY The case concerned a civil judgment ordering Kemal Kılıçdaroğlu, leader of the main opposition party, to pay compensation for tarnishing the reputation of the then Prime Minister, Recep Tayyip Erdoğan, on account of remarks made by him in two speeches delivered in 2012 on […]

A judge described his inspection report as biased. His disciplinary conviction violated his freedom of expression. Right to be criticized by those audited in the reports of the higher courts

Article 10
26/10/2020 15:16

JUDGMENT Guz v. Poland 15.10.2020 (app. no. 965/12) see here SUMMARY Criticism of his inspection report by a judge. Disciplinary condemnation for the applicant’s expressions. His disciplinary conviction is a Violation of the judge’s freedom of expression. The applicant, a judge, was not promoted following the negative inspection report prepared by the Inspector Judge and […]

Journalist access to state archives. The revocation of his accreditation due to breach of personal data did not violate his freedom of expression

Article 10
19/10/2020 10:31

JUDGMENT Gafiuc v. Romania 15.10.2020 (app. no. 59174/13) see here SUMMARY The case concerned the withdrawal of the accreditation granted to a journalist to study the archives of the Securitate in order to conduct research into sports activities under the communist regime. In June and July 2009 the journalist published several articles in which he […]

Arbitrary accusation of extremist action due to unclear legal framework. Violation of freedom of expression. Indefinite criminal provision

Article 10
10/10/2020 16:42

JUDGMENT Karastelev and others v. Russia 06.10.2020 (app. no. 16435/10) see here SUMMARY The case concerned complaints brought by the chief officer and deputy chief officer of a human rights NGO about anti-extremist legislation in Russia. The Russian authorities had found that a poster they had displayed during a protest against a law on minors […]

Freedom of expression

Strasbourg for the first time against the coronavirus! Inadmissible application for omissions and inadequate handling of the health crisis due to Covid-19, without the plaintiff being a victim!

Freedom of expression is violated by the unlawful detention of a journalist during the performance of his duties. Detention is not compatible with the ECHR when there is no reasonable suspicion of guilt

The surreptitiously taken photos of the applicant who was the Party Chairman partner at her exit from the hospital violated the respect for private life

Condemnation of a politician because he did not assist the police in dispersing demonstrations! Violation of freedom of expression

A journalist described a high school headmaster as a “neo-Nazi” and a “theoretician of the entity ‘Golden Dawn .” His criminal conviction violated the freedom of expression!

The prosecution and lengthy proceedings against professors for the content of their report violated their freedom of expression, regardless of their acquittal

Turkish courts have sentenced an opposition leader to compensation for saying ” you are not godly, you are a religion-monger “! Condemnation of Turkey for violating freedom of expression!

A judge described his inspection report as biased. His disciplinary conviction violated his freedom of expression. Right to be criticized by those audited in the reports of the higher courts

Journalist access to state archives. The revocation of his accreditation due to breach of personal data did not violate his freedom of expression

Arbitrary accusation of extremist action due to unclear legal framework. Violation of freedom of expression. Indefinite criminal provision

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