SUREK v. TURKEYPARTLY DISSENTING OPINION OF MR S. TRECHSEL
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Document date: January 13, 1998
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PARTLY DISSENTING OPINION OF MR S. TRECHSEL
While I am in full agreement with the majority as regards the
violation of Article 6, I have come to the conclusion that there has
been no violation of Article 10 in the present case. The text of the
Report shows quite clearly that we are faced with a border-line case.
I regard the passages quoted in para. 63 of the Report as decisive - I
see no reason to repeat them here. In my view these passages can in
good faith be understood as encouraging violence. Having regard to the
margin of appreciation which must be accorded to the national
authorities I have come to the conclusion that the interference
complained of cannot be regarded as a disproportionate response and
does not constitute an unjustified interference with the applicant's
right to freedom of expression - the interference could still be
regarded as necessary in a democratic society.
(Or. English)
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