Information Note on the Court’s case-law 42

May 2002

Altan v. Turkey - 32985/96

Judgment 14.5.2002 [Section I]

Article 10

Article 10-1

Freedom of expression

Conviction for incitement to hatred and hostility: friendly settlement

The applicant, a journalist, was convicted of incitement to hatred and hostility. The parties reached a friendly settlement providing for an ex gratia payment to the applicant and inclu ding the following statements by the Government:

-The Court’s rulings against Turkey in cases involving prosecutions under Article 312 of the Penal Code or under the provisions of the Prevention of Terrorism Act clearly show that Turkish law and practice u rgently need to be brought into line with the Convention’s requirements under Article 10 of the Convention. This is also reflected in the interference underlying the facts of the present case.

-The Government undertake to this end to implement all necessar y reform of domestic law and practice in this area, as already outlined in the National Programme of 24 March 2001.

-The Government refer also to the individual measures set out in the Interim Resolution adopted by the Committee of Ministers of the Council of Europe on 23 July 2001 (ResDH(2001)106), which they will apply to the circumstances of cases such as the instant one.

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

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