Restrictions on freedom of expression with the accusation of propaganda
JUDGMENT
Fatih Taş v. Turkey 10/10/2017 (no. 2) (no. 6813/09)
SUMMARY
A journal article on the Kurdish spirit. Sentencing the editor for propaganda in favor of a terrorist organization. Violation of freedom of expression.
PROVISION
Article 10
PRINCIPAL FACTS
The applicant, Fatih Taş, is a Turkish national who was born in 1979 and lives in Istanbul. The case concerned his criminal conviction following the publication of an article in a magazine edited by him.
In 2004, an article with the heading “On the Kurdish Intellectual” was published in the magazine Vesta, published by an editorial house of which, at the time, Mr Taş was the owner and editor-in-chief. Following the publication, he was charged with disseminating propaganda in favour of a terrorist organisation and, in 2008, he was convicted as charged. The trial court found that the article in question had constituted propaganda in favour of the PKK, an illegal armed organisation. It sentenced him to ten months imprisonment and ordered him to pay a fine. The pronouncement of his conviction was suspended on the condition that he did not commit another intentional offence for a period of five years. His objection against the judgment was dismissed.
Mr Taş complained that his criminal conviction had been in breach of Article 10 (freedom of expression).
THE DECISION OF THE COURT
Violation of Article 10
Just satisfaction: EUR 2,500 (non-pecuniary damage) and EUR 1,930 (costs and expenses)(echrcaselaw.com editing).
