Sener v. Turkey

in Human Rights Case Digest
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There was little scope under the Convention for restrictions on political speech or on debate on matters of public interest. Furthermore, the limits of permissible criticism were wider with regard to the government than in relation to a private citizen, or even a politician. In a democratic system the actions or omissions of the government had to be subject to the close scrutiny not only of the legislative and judicial authorities but also of public opinion. However, where remarks constituted an incitement to violence against an individual or a public official or a sector of the population, the State authorities enjoyed a wider margin of appreciation when examining the need for an interference with freedom of expression. Turkish State Security Court was not an independent and impartial tribunal.

Sener v. Turkey

in Human Rights Case Digest

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