Freedom of expression

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

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 […]

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Administrative dissolution of far-right organizations after a student’s death. Strasbourg welcomes their dissolution

JUDGMENT Ayoub and others v. France 08.10.2020 (app. no. 77400/14, 34532/15 and 34550/15) see here SUMMARY The cases concerned the administrative dissolution of three extreme right-wing entities: a de facto group (the Troisième Voie association and its security squad) and two associations (L’Oeuvre française and Jeunesses nationalistes). The Court held that the dissolution of the […]

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The criminal conviction of a protester for giving a speech against the police, based on provisions without the necessary predictability, violated his freedom of expression.

JUDGMENT Bozan v. Turkey 29.09.2020 (app. no. 56816/10 and 4175/11) see here SUMMARY Criminal conviction and freedom of expression. Demonstration in memory of fourteen members of the PKK who were killed by police. When the protesters stayed silent for a minute as a tribute to the dead, the plaintiff spoke out against the police actions […]

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Condemnation of a citizen for sending two messages to a friend promoting a terrorist organization. Violation of freedom of expression

JUDGMENT SÜER v. Turkey 29-09-2020 (app. no. 77711/11) see here  SUMMARY Freedom of expression. Sending a message to a friend in fn the name of a terrorist organization. The applicant was accused of propaganda in favor of the PKK terrorist organization because he sent two messages to a friend, praising her. He was sentenced to […]

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Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here  SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

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The conviction of a grandmother for disclosing already known publicly personal data of her orphaned granddaughter, violated the freedom of expression

JUDGMENT N.Š. v, Croatia 10.09.2020 (app, no. 36908/13) see here  SUMMARY Freedom of expression, personal data, best interests of the child and a fair balance between the competing interests of the individual and the community. The applicant claimed custody of her orphaned granddaughter when her daughter and son-in-law died in a car accident. She publicly […]

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Conviction to compensation of a news site for publishing proven intoxication of a consumer with a soft drink, violated the freedom of expression

JUDGMENT OOO Regnum v. Russia 08.09.2020 (app. no. 22649/08) see here  SUMMARY Freedom of expression. Informing the public about public health issues from a news website. The applicant is an online news company. As part of its media duties to protect the public from potential health risks, it published three news regarding the poisoning of […]

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A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia  08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

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Visit of the President of the ECtHR to Turkey. Remarks on respect for the rule of law, democracy and freedom of expression!

The President of the Strasbourg Court, Robert Spano, paid an official visit to Turkey on 3-5 September 2020, accompanied by Saadet Yuksel, the elected Judge of Turkey, and Hasan Bakirci, Deputy Registrar. During his visit, he was received by Mr. Erdogan, President of the Turkish Republic. During this meeting, President Spano discussed the situation in […]

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Disciplining teacher for remarks incompatible with his duty of discretion, in particular concerning the 2015 terrorist attacks in Paris, was not disproportionate

JUDGMENT Mahi v. Belgium 03.09.20 (app. no. 57462/19) see here SUMMARY In its decision in the case of Mahi v. Belgium (application no. 57462/19) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerns the disciplinary transfer of a teacher of Islamic religion (Mr Mahi) on […]

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