Partly dissenting opinion of Judge Fischbach in the case of Sürek v. Turkey (No. 3), No. 24735/94, ECtHR (Grand Chamber), 8 July 1999

Violation of Article 10 ECHR. Incitement to violence.

Art. 10 ECHR

An interference in the freedom of expression can be justified only when the medium of expression used to spread a message reaches an audience wide enough to give rise to the fear that a violent reaction will trigger serious consequences for national security and democratic order. In the present case, the comments published by the applicant did not more than documenting the concerns of a political minority group. In this perspective, Article 10 ECHR should have been considered breached.