Постановление ЕСПЧ от 08.07.1999 "Дело "Шюрек (Surek) против Турции (N 1)" (жалоба N 26682/95) [рус., англ.]



Having voted with the majority in favour of finding a violation of Article 6 § 1, I regret that I am unable to agree with the reasoning that led it to conclude that there has been no violation of Article 10.

Obviously, I agree with the Court's case-law affording the national authorities a wider margin of appreciation when considering whether there is a need for interference in the exercise of freedom of expression in cases concerning comments inciting people to use violence against an individual, a State representative or a sector of the population.

I cannot, however, detect in the remarks made in the two letters written by readers an incitement to use violence. In view of the situation that has prevailed in south-east Turkey since 1985, it seems to me that only conduct of that nature may be regarded as overstepping the limits of freedom of expression as protected by the Convention. The applicant, who has done no more than to describe, admittedly in violent and shocking terms, what is happening in the region, has not said any more in his comments than what the Court has in other cases regarded as tolerable and thus not falling within the exceptions to Article 10 (see Ceylan v. Turkey [GC], No. 23556/94, ECHR 1999-IV, and Arslan v. Turkey [GC], No. 23462/94, 8 July 1999).

That is why I find that there has been a violation of Article 10 in the present case.