It is directed against Turkey European Court of Human Rights (ECtHR) which on Tuesday (19/10) criticized a law punishing the insult to the “image” of the head of state, judging that “the provision of increased protection with special law against insult “.
The Strasbourg-based ECtHR was approached by a young Turk, now in his 30s, who was sentenced in 2017 to 11 months and 20 days in prison with suspension for posting two years earlier on Facebook two cartoons depicting President Recep Tayyip Erdogan and one of which showed him in women’s clothing kissing Barack Obama, then president of the United States.
The young man had also been remanded in custody for two months and two days.
In its decision condemning Turkey for the detention and the sentence, which it deems “disproportionate”, the ECtHR emphasizes, as broadcast by the Athens News Agency, that “nothing in this case can justify them”. “Such a punishment inevitably produces a deterrent effect on the will of the person concerned to express himself on matters of public interest,” he added.
The criminal proceedings were the result of the application of Article 299 of the Turkish Penal Code, a text that punishes any person who “insults the image” of the head of state, the ECHR continues. According to the court, “increased protection against infringement by a special law” is not “in principle in line with the spirit of the European Convention” on human rights.
“Increased protection of the head of state with a special criminal law regarding the insult is not compatible with the Convention”
“The interest of a state in protecting the reputation of its leader cannot justify granting the latter a privilege or special protection against the right to be informed and to express an opinion on it,” the court noted.
“Increased protection of the head of state with a special criminal law regarding the insult is not compatible with the Convention,” he insisted.
The ECtHR called on Ankara to “comply” with Article 10 of the Convention, which protects freedom of expression and which Turkey violated in this case.
Turkey will have to pay the plaintiff 7,500 euros for non-pecuniary damage.
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