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Savda v. Turkey (No. 2), No. 2458/12, ECtHR (Second Section), 15 February 2017

Abstract

Conscientious objection to military service in Turkey. Freedom of expression and incitement to draft evasion. 

Normative references

Art. 10 ECHR 

Ruling

The punishment to 5 months of imprisonment for incitement to draft evasion is disproportionate in the instant case: the statement concerned is not a call for the use of violence, armed resistance or revolt. Moreover, it cannot be considered as hate speech or capable of causing a concrete and objective harm. 
(During a demonstration in front of the Israeli consulate in Istanbul, the applicant Mr Savda read out the statement: "we are in solidarity with the Israeli conscientious objectors". He was arrested and sentenced to 5 months of imprisonment for incitement to draft evasion. The Court found a violation of Art. 10 ECHR)