Bozan v. Turkey, Nos. N. 56816/10 and 4175/11, ECtHR (Second Section), 29 September 2020

Unforeseeability of a criminal law provision as an interference not ‘prescribed by law’. Violation of the right to freedom of expression.

Art. 10 ECHR

An interference that lacks foreseeability is not to be considered ‘prescribed by law’ within the meaning of article 10, paragraph 2 ECHR in that is it does not provide the applicants with a reliable guarantee against arbitrary prosecution due to the broad scope of the expressions used therein, without its practical application appearing to remedy this deficiency.
(The applicant complained about the violation of his right to freedom of expression under article 10, following his convictions for propaganda and hate speech in favour of an illegal armed organisation under domestic law, without being a member of it. The Court found that there had been a violation with the applicant's freedom of expression being the interference not ‘prescribed by law’).