Information Note on the Court’s case-law 28

March 2001

Gündüz v. Turkey (dec.) - 35071/97

Decision 29.3.2001 [Section II]

Article 10

Article 10-1

Freedom of expression

Leader of a religious group convicted for statements made on television: admissible

In June 1995 the applicant took part in a television programme broadcast by a private channel in his capacity as the head of a fringe Islamic sect ( Aczmendi ). Th e programme lasted for several hours and a number of participants expressed views. The applicant spoke on subjects such as religious costumes, secularity, democracy and Islam. In October 1995 the public prosecutor at the Istanbul National Security Court br ought criminal proceedings against the applicant alleging that during the programme he had made statements inciting people to hatred and hostility on the basis of a distinction made on religious grounds. In April 1996, after an initial conviction was quash ed on appeal, the National Security Court again found the applicant guilty of the offences charged and sentenced him to two years’ imprisonment and a fine. The National Security Court held that the applicant’s aim in qualifying, in the name of Islam, democ racy and secularity as atheist and in saying that children born outside a religious marriage were bastards was to incite people to hatred and hostility on the basis of a distinction made on religious grounds. In September 1996 the Court to Cassation upheld the judgment of the court first instance.

Admissible under Article 10.

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

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