Müdür Duman v. Turkey, No. 15450/03, ECtHR (Second Section), 6 October 2015

Display of symbols and pictures pertaining to the PKK. Arbitrary interferences with freedom of expression. 

Art. 10 ECHR

1. The display of a symbol associated with a political movement - such as its flag - implies identification with its ideas and it falls within the forms of “expressions" guaranteed by Art. 10 ECHR. Indeed, not only the content of the opinions expressed are protected by the Convention, but also the means by which they are expressed.

2. The display of symbols of a subversive organisation that do not incite violence, armed resistance or uprising cannot be interpreted as an indication of support for and endorsement of criminal activities and ideas and cannot, therefore, be criminally sanctioned. This is not “necessary in a democratic society” within the meaning of Art. 10 ECHR. 
(Case concerning the conviction of a leader of a political party on account of pictures and publications pertaining to the PKK (Kurdistan Workers’ Party) found in the office of his party. The Court found the violation of Art. 10 ECHR).

The applicant complained of the violation of Art. 10 and 11 ECHR. However, the Court considered that the complaints fell to be examined from the standpoint of Art.10 ECHR alone.