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Faruk Temel v. Turkey, No. 16853/05, ECtHR (Second Section), 1 February 2011

Abstract

Freedom of expression and hate speech. Applicability in the case of the criticizing the solitary confinement of a leader of a terrorist organization.

Normative references

Art. 10 ECHR

Ruling

Reading a statement in which the author criticizes US intervention in Iraq and the solitary confinement of a terrorist organization leader represents exercise of the freedom of expression if the author is speaking as a political actor and a member of a political party presenting his party’s views. It is deemed by the Court as not inciting to violence, armed resistance or uprising therefore not amounting to hate speech.