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)
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