Information Note on the Court’s case-law 58

November 2003

Ä°.A. v. Turkey (dec.) - 42571/98

Decision 13.11.2003 [Section III]

Article 10

Article 10-1

Freedom of expression

Conviction for insulting a religion: admissible

Article 35

Article 35-1

Six-month period

Final domestic decision

Date to take into account in calculating the six month period when there is no requirement to notify the decision

In 1993 the applicant published a novel dealing with philosophical and theological issues. He was prosecuted for having injured, by means of publication, “Allah, the Religion, the Prophet and the Holy Book”, an offence punishable under the Criminal Code. T he prosecutor based the prosecution on an expert report by a professor of theology. In 1996, the regional court found the applicant guilty as charged and ordered him to pay a fine. In 1997, the Court of Cassation upheld the judgment.

Admissible under Artic le 10, following dismissal of the respondent Government’s objections that the applicant had failed to exhaust domestic remedies and had exceeded the six-month limitation period; this period began to run on the date on which the applicant became aware of th e terms of the final domestic decision and not on the date of adoption of the judgment by the Court of Cassation, notification of which is not provided for in domestic law.

© Council of Europe/European Court of Human Rights This summary by the Registry do es not bind the Court.

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