April 19, 2021
By Hakan Kaplankaya, former Turkish diplomat, jurist, INSTITUDE member On December 22, 2020, the European Court of Human Rights (ECtHR/the Court) delivered a landmark judgment against Turkey regarding the prolonged-detention of Selahattin Demirtaş, former leader of pro-Kurdish People’s Democratic Party (HDP). Unlike the 2nd Section of the Court, which has mostly taken a restrained and […]
April 15, 2021
By Margarita S. Ilieva, a strategic equality and human rights litigator with extensive experience in hate speech. She litigated Behar, Budinova and Panayotova and Others v. Bulgaria, and other landmark cases like Yordanova v. Bulgaria and Karaahmed v. Bulgaria. The author was the architect of the cases discussed below, having brought them domestically in 2005 and lodged them with the […]
March 19, 2021
Ronan Ó Fathaigh and Dirk Voorhoof On 2 February 2021, the European Court of Human Rights (ECtHR) unanimously found that the criminal proceedings against an artist’s satirical collage ‘insulting’ the Turkish Prime Minister violated his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). In an earlier case (Tuşalp […]
February 12, 2021
By Dr Dimitrios Kagiaros, Assistant Professor in Public Law and Human Rights, University of Durham In its judgment in Lăcătuş v. Switzerland, the European Court of Human Rights (‘the Court’) held that fining and imprisoning the applicant for begging amounted to a violation of Article 8 of the Convention. While the judgment raises many important issues […]
February 05, 2021
By Ezgi Yildiz, Project Lead and Postdoctoral Researcher at the Global Governance Centre, the Graduate Institute, Geneva The recent Demirtaş v. Turkey (no. 2) [GC] judgment (application no. 14305/17) stands out not only for its substance but also its tone. The judgment provides an unequivocal solution to the protracted political crisis in Turkey concerning the […]
January 21, 2021
By Evangellos Orestis Vouvonikos (Phd in Public Law, University of Athens, Attorney in Law) Introduction On the 19th November 2020, the European Court of Human Rights (ECtHR) delivered its judgment in Dupate v. Latvia (application no. 18068/11). In this case, the ECtHR dealt with an alleged violation of respect of the applicant’s private life (Article 8 of European […]
January 05, 2021
By Dirk Voorhoof and Inger Høedt-Rasmussen (*) The European Court of Human Rights (ECtHR), delivered an interesting judgment in the case of Tölle v. Croatia about insulting allegations of domestic violence. In a newspaper article a father accused an association to be responsible for his child’s abduction by the mother. The president of this association […]
December 14, 2020
Matteo Mastracci, Ph.D. Researcher at Koç University, and reporter for Oxford Reports on International Law (ORIL) In a long-awaited decision, the European Court of Human Rights finally ruled on 10 November 2020 on the case of Sabuncu and Others v. Turkey. The case, better known as the Cumhuriyet trial, named after the newspaper in which […]
August 26, 2020
Atakan Güngördü is a qualified attorney in Turkey, currently pursuing an Adv. LL.M. in European and International Human Rights Law at Leiden University. On 23 June 2020, European Court of Human Rights (the “Strasbourg Court” or the “Court”) delivered no less than four judgments against Russia (OOO Flavus and Others v. Russia, Bulgakov v. Russia, […]
August 17, 2020
By Dr Alberto Godioli* Introduction Due to its inherent link with elusiveness and ambiguity, humour makes it particularly difficult to draw a line between lawful and unlawful expression. The task of assessing the harm in a joke is notoriously complicated by strategies such as exaggeration, distortion or irony, which are typical of humorous expression in […]
August 11, 2020
By Ronan Ó Fathaigh and Dirk Voorhoof On 28 July 2020, the European Court of Human Rights held in Monica Macovei v. Romania that defamation proceedings against a sitting Member of the European Parliament violated the politician’s right to freedom of expression, under Article 10 of the European Convention on Human Rights. The Court reiterated […]
June 26, 2020
By Giulio Fedele (University of Rome “La Sapienza”, giulio.fedele@uniroma1.it) Hate-speech against sexual minorities has become a pressing issue for the ECHR. Online media and social platforms boosted the possibilities one has to express both personal opinions and hateful comments, thus making it harder for the Strasbourg Court to draw the line of the protection afforded […]
June 16, 2020
By Dragoș Călin In the recent judgment in the case Kövesi v. Romania (application no. 3594/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) and Article 10 (right to freedom of expression) of the European Convention on Human Rights […]
May 15, 2020
Guest Blogger: Nina de Puy Kamp, Paralegal at Leigh Day Solicitors, London UK* Hungary’s Media Act 2010 (the Act) garnered much criticism for its chilling effects on free speech (UN, OSCE, EU, HRW). The Act establishes a media regulator (appointed by the ruling party) to inter alia prohibit and impose fines for ‘imbalanced coverage’ and […]
April 10, 2020
Dirk Voorhoof (Human Rights Centre, Ghent University and Legal Human Academy) On 18 June 2015, Strasbourg Observers published our blog post ‘Delfi AS v. Estonia: Grand Chamber confirms liability of online news portal for offensive comments posted by its readers’. It situated and commented the Grand Chamber judgment of 16 June 2015 in the first case […]
March 23, 2020
By Dirk Voorhoof and Ronan Ó Fathaigh In the case of Studio Monitori and Others v. Georgia the European Court of Human Rights (ECtHR) in its judgment of 30 January 2020 has confirmed that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) […]
March 16, 2020
By Dr. Petra Gyöngyi (Postdoctoral fellow at the University of Oslo, member of Judges under Stress – The Breaking Point of Judicial Institutions) On January 20, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered a final decision in the case of Magyar Kétfarkú Kutya Párt (MKKP) v Hungary. The case concerned […]
December 19, 2019
By Ronan Ó Fathaigh and Dirk Voorhoof In Tagiyev and Huseynov v. Azerbaijan, the European Court of Human Rights unanimously held that the conviction and imprisonment of Azerbaijani journalist Rafig Nazir oglu Tagiye, and editor Samir Sadagat oglu Huseynov, for incitement to religious hatred, violated their right to freedom of expression under Article 10 ECHR. […]
December 16, 2019
By Massimo Frigo (Senior Legal Adviser of the International Commission of Jurists) On 14 October, the Supreme Court (Tribunal Supremo) of Spain convicted 12 people in connection with their part in the organisation on 1 October 2017 of a referendum on Catalonian independence, that was conducted despite having been declared illegal by the Constitutional Court. […]
November 19, 2019
Argyro Chatzinikolaou is a doctoral researcher and a member of the Law & Technology research group and the Human Rights Centre at Ghent University. She is currently working on the research project “Minors and online sexual acts: a study of legal qualifications and regulatory approaches from a children’s rights perspective”. In Pryanishnikov v Russia, a […]