Hizb Ut-Tahrir and Others v. Germany, dec., No. 31098/08, ECtHR (Fifth Section), 12 June 2012

Ban on activities of an Islamist association for advocating the use of violence. Abuse of the right to freedom of association, religion and expression.

Art. 9 ECHR
Art. 10 ECHR
Art. 11 ECHR
Art. 17 ECHR

An association pursuing aims contrary to the values of the Convention, notably the commitment to the peaceful settlement of international conflicts and to the sanctity of human life, does not enjoy the protection of Article 11 ECHR.
(The case concerns the prohibition in Germany of the activities of the Islamic association Hizb Ut-Tahrir, which advocated the overthrow of non-Islamic governments and the establishment of an Islamic Caliphate. Among others, Hizb Ut-Tahrir alleged the violation of Articles 9, 10 and 11 ECHR. The Court observed that the association called for the violent destruction of the State of Israel, as well as for the banishment and killing of its inhabitants. On this basis, the Court considered that the association was seeking to employ Articles 9, 10 and 11 ECHR to legitimate activities contrary to the values of the Convention. Consequently, by reason of Article 17 ECHR, the Court found that the application must be rejected as being incompatible ratione materiae with the provisions of the Convention).