Gündüz v. Turkey (No. 2), dec., No. 59745/00, ECtHR (First Section), 13 November 2003

Conviction of the leader of an Islamic sect for inciting people to religious crime. Lawful interference with freedom of expression.

Art. 10 ECHR

Although journalistic freedom also covers possible recourse to a degree of exaggeration, statements reported in the press that incite to or glorify violence amount to hate speech and are incompatible with the fundamental values of justice and peace set forth in the Preamble to the Convention.

(In the present case, the applicant, who was the leader of an Islamic sect (Tarikat Aczmendi), was convicted of incitement to commit an offence following the publication of a report about him on a weekly newspaper. Specifically, the applicant’s comments reported by the press were intended to stigmatise “moderate Islamic intellectuals”, while advocating violence. The Court declares the application for violation of Article 10 ECHR inadmissible).