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Gündüz v. Turkey

Gündüz v. Turkey 259 12 hrcd [ 2001 ] GÜNDÜZ v. TURKEY Freedom of expression Article 10 Leader of a religious group convicted for statements made on television. On 29 March 2001 a Chamber of the European Court of Human Rights declared admissible the application in the case of Gündüz v. Turkey . Summary of the facts 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 ). The 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 brought 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 quashed on appeal, the National Security Court again found the applicant guilty of the offences charged and sentenced him to two years’ imprison- ment and a fine. The National Security Court held that the applicant’s aim in qualifying, in the name of Islam, democracy 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. In his submission to the Court, the applicant complained that his freedom of expression had been restricted in violation of the Convention. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Gündüz v. Turkey

Human Rights Case Digest , Volume 12 (3-4): 259 – Jan 1, 2001
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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
DOI
10.1163/157181301401012744
Publisher site
See Article on Publisher Site

Abstract

259 12 hrcd [ 2001 ] GÜNDÜZ v. TURKEY Freedom of expression Article 10 Leader of a religious group convicted for statements made on television. On 29 March 2001 a Chamber of the European Court of Human Rights declared admissible the application in the case of Gündüz v. Turkey . Summary of the facts 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 ). The 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 brought 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 quashed on appeal, the National Security Court again found the applicant guilty of the offences charged and sentenced him to two years’ imprison- ment and a fine. The National Security Court held that the applicant’s aim in qualifying, in the name of Islam, democracy 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. In his submission to the Court, the applicant complained that his freedom of expression had been restricted in violation of the Convention.

Journal

Human Rights Case Digest – Brill

Published: Jan 1, 2001

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