Şık v. Turkey, No. 53413/11, ECtHR (Second Section), 8 July 2014

Arbitrary interferences with freedom of expression through press censorship. Freedom of expression of subversive organizations.

Art. 10 ECHR

1. The pre-trial detention of an investigative journalist following the expression of his opinions, that was ordered without reasonable cause, constitutes an interference with his right to freedom of expression, which cannot be regarded neither as proportionate nor as necessary in a democratic society within the meaning of Article 10 ECHR. The Court found that the imposition of the custodial measure constrained the applicant’s willingness to express his views on matters of public interest and it was liable to create a climate of self-censorship for any investigative journalist.

2. Where the views expressed do not constitute an incitement to violence, the Contracting States cannot restrict the right of the public to be informed of them, even with reference to the aims set out in Article 10, para. 2, namely the protection of territorial integrity or national security, or the prevention of disorder or crime. Under this condition, even subversive organizations must be allowed to take part in the political debate and freely express their opinions.
(The case originated in an application lodged by an investigative journalist who was accused by Turkish authorities of participating in the production of two books, which, among other things, allegedly spread propaganda on behalf of the terrorist organisation Ergenekon).