Ottan v. France, No. 41841/12, ECtHR (Fifth Section), 19 April 2018

Comments contesting the ethnic origin of members of an assize court jury. Unlawful interference with freedom of expression.

Art. 10 ECHR

The disciplinary penalty imposed on the applicant for having publicly used the expression “white – all-white – jury on which not all communities are represented” in reference to the ethnic composition of an assize court jury breaches Article 10 ECHR. The Court found that the applicant’s remarks cannot be viewed as an accuse of racial bias. The reference to the ethnic origin of the jury called for a wide debate on the issue of diversity in jury selection and on the link between the composition of the jury and the decisions taken. The impugned statement simply amounts to a general assertion concerning the organisation of the criminal justice system, which contributes to a debate of public interest. Consequently, the interference with the applicant’s right to freedom of expression is not justified by the national authorities’ aim “of protecting the rights and freedoms of others”.