Beruflich Dokumente
Kultur Dokumente
Relative impact of
cases related to FoE and terrorism
Turkey keeps on prosecuting and convicting media, journalists,
members of human rights NGOs and politicians
for incitement to hatred, separatist propaganda and offences
under the anti terrorism law nr. 3713
Dissenting opinions
Stoll v. Switzerland
Grand Chamber 10 December 2007
and
(!!!)
LEROY v. FRANCE
2 October 2008
A 9/11-cartoon whose
message, according to its
author, was criticizing US
imperialism
French courts and the
European Court of
Human Rights concluded
that the essence of the
message of the cartoon
was condoning and
glorifying terrorism
LEROY v. FRANCE
2 October 2008
Unanimous judgment!
Although
-
LEROY v. FRANCE
2 October 2008
Other examples:
DIETER KERN v. GERMANY, ECtHR 29 May 2007
Dismissal of civil servant, no violation Art. 10
Press release by Bndnis Recht referring to 9/11 attacks,
condoning attacks on US-imperialism, adding that:
The strikes should rather serve as a warning to America perhaps not to
act as the policeman of the world on all continents and finally to
ensure that less control is being accorded to certain power
constellations within America!
The Bndnis Rechts fiercely condemns all terrorist attacks no matter by
whom and expresses its condolences to all innocent, civil victims of
such attacks. Terrorist attacks, no matter against whom, are basically
unacceptable and intolerable.
Other examples:
ECtHR 10 July 2006, Sdrueni Jihoesk Matky v. Czech Republic,
appl. 19101/03
Access to administrative documents (protected under Art. 10!)
REFUSED
Documents regarding some aspects of safety of nuclear power
station
Request by environmental group (Mother Earth)
Court accepted argument that there was a risk that the documents
might fall in hands of terrorists
More is needed
urgent need
(ICJ, Banisar, Braman)
+ readjust the
approach of ECtHR
as ultimate watchdog over
FoE in Europe!
Coda
When peace prevails and the authority
of the Government is undisputed there
is no difficulty of preserving the
safeguards of liberty.
It is in times of fear and crisis that a legal
orders true commitment to human
rights is tested
(S. Sottiaux, Terrorism and the Limitation of Rights, p. 410
quoting Justice Davis, 1866, Milligan case, US)