Turkey, commonly blacklisted by the European Court docket of Human Rights (ECHR), was once more criticized, Tuesday, August 31, by the judicial arm of the Council of Europe, for having condemned an imam in due to its posts on Fb.
The applicant, Resur Üçdag, was convicted in 2016 for propaganda in favor of a company “Terrorist” on account of two posts made on his account. The courtroom in Diyarbakir (south-eastern Turkey) dominated that “Some publications he had made in 2015 and 2016 had been PKK propaganda”, the Kurdistan Employees’ Get together, a company certified as “Terrorist” by Ankara.
Among the many offending posts had been two images initially shared by two different Fb customers.
However the ECHR “Considers that the selections of the home courts don’t present a ample clarification of the the explanation why the incriminated content material ought to be interpreted as glorifying, legitimizing and inspiring the strategies of coercion, violence and menace utilized by the PKK within the context of their publication “.
5,000 euros for non-pecuniary harm
The ECHR subsequently judges “That by condemning Mr. Üçdag (…), the nationwide authorities haven’t carried out an enough steadiness and in accordance with the factors established by its case-law between the proper of the individual involved to freedom of expression and the legit goals pursued ”.
For the European Court docket, Turkey has thus violated Article 10 of the European Conference on Human Rights, regarding freedom of expression.
As well as, the Turkish Constitutional Court docket carried out a “Significantly strict interpretation” of the time restrict for a person enchantment, notes the ECHR. That “Disproportionately restricted the applicant’s proper to have his particular person enchantment thought-about on the deserves”. The European physique subsequently concludes that there has additionally been “Violation of article 6.1 of the conference” (proper of entry to a courtroom).
Turkey is ordered to pay Mr Üçdag 5,000 euros for non-pecuniary harm and 1,736 euros for the prices linked to the proceedings.