Incal v. Turkey, No. 22678/93, ECtHR (Grand Chamber), 9 June 1998

Incitement to violence, hatred and hostility through political debate. Unlawful interference with freedom of expression.

Art. 10 ECHR

The criminal conviction of the applicant, who was a member of an opposition party, for distributing a leaflet criticizing certain measures taken by the Turkish authorities, breaches Art. 10 ECHR. Although the leaflet referred to a “special war” conducted in the country against the Kurdish people and it called on citizens to “oppose” the situation, these statements, if read in context, cannot be regarded as incitement to the use of violence, hostility or hatred. In the light of the particular importance of freedom of expression for political parties, the applicant’s conviction was disproportionate to the aim of preventing disorder pursued by the authorities and therefore unnecessary in a democratic society.