Information Note on the Court’s case-law 266

September 2022

Ete v. Türkiye - 28154/20

Judgment 6.9.2022 [Section II]

Article 10

Article 10-1

Freedom of expression

Applicant convicted of propagandising for a terrorist organisation for cutting and handing out slices of cake in celebration of PKK leader’s birthday: violation

Facts – The applicant was convicted and given a 10-month suspended prison sentence on a charge of propagandising for a terrorist organisation for cutting and handing out slices of birthday cake on plates at a demonstration purported to have been held in celebration of the birthday of the leader of the PKK.

Law – Article 10:

The applicant’s prosecution and resulting conviction and sentence on a charge of propagandising for a terrorist organisation had amounted to an interference with the exercise of her right to freedom of expression. The interference had pursued the legitimate aims of protecting national security and territorial integrity and preventing disorder and crime.

The Assize Court had based the applicant’s conviction and sentence on the acts of cutting slices of a cake purportedly prepared in celebration of the birthday of the leader of the PKK and handing them out on plates. Those acts viewed as a whole could not be seen as incorporating a call to violence, armed resistance or insurrection or as constituting hate speech; this was the central consideration.

Thus, in the circumstances of the case, the Government had not shown that the impugned measure had been a response to a pressing social need, proportionate to the legitimate aims pursued or necessary in a democratic society.

Conclusion: violation (unanimously)

Article 41: 2,000 euros awarded in respect of non-pecuniary damage; claim for pecuniary damage dismissed.

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

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