Partly dissenting opinion of Judge Bonello in the case of Sürek v. Turkey (No. 1), No. 26682/95, ECtHR (Grand Chamber), 8 July 1999

Violation of Article 10 ECHR. Incitement to violence.

Art. 10 ECHR

In examining whether the interference by the domestic authorities with the applicant’s freedom of expression was justifiable in a democratic society, the Court only considered if the writings published instigated the use of violence. Rather, it should have been evaluated whether the incitement to violence was capable to generate “a clear and present danger”. In a democratic society, the fundamental right to freedom of expression should generally prevail when the support to the use of violence is merely intellectualised and abstract, as it was in the present case.