Güler and Uğur v. Turkey, Nos. 31706/10, 33088/10, ECtHR (Second Section), 2 December 2014

Conviction for propaganda in favour of a terrorist organisation on account of participation in a religious ceremony. Unlawful interference with freedom to manifest religion. 

Art. 9 ECHR

The mere fact that a religious ceremony in memory of members of a terroristic organisation is organised on the premises of a political party in which symbols of the organisation are displayed do not deprive the participants of the protection guaranteed by Article 9 ECHR.
(In the present case, the applicants were convicted for propaganda in favour of a terrorist organisation for having taken part in a Muslim religious ceremony (mevlüt) organized on the premises of a political party in which symbols of the PKK (Workers’ Party of Kurdistan) were displayed. The religious service was held in memory of three members of the PKK, who had been killed by the security forces. The Court found that the interference with the applicants’ freedom of religion had not been “prescribed by law”, since it was not possible to foresee that the mere participation in a religious service would fall within the scope of the relevant national law).