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Üçdağ v. Turkey, No. 3314/19, ECtHR (Second Section), 31 August 2021


Conviction of an imam for alleged terrorist propaganda on the Internet. Failure of domestic courts to clearly explain why the online content constituted a risk for national security. Violation of the right to a fair trial and of freedom of expression. 

Normative references

Art. 6 ECHR
Art. 10 ECHR


1. The European Court of Human Rights ruled that, in declaring the individual complaint inadmissible due to procedural reasons, the domestic Constitutional Court acted with excessive formalism, without taking into account the particular circumstances of the case. This approach finally resulted in a denial of justice, seriously breaching the applicant's right to a fair trial. 

2. The European Court of Human Rights ruled that domestic courts, which had convicted the applicant for the offence of glorification of terrorism due to some photos he had published on Facebook, had not sufficiently explained the reasons why such pictures could be considered as potentially dangerous for national security. This resulted in a violation of art. 10 ECHR (freedom of expression).