ECtHR Issues Two Judgments on Freedom of Expression [1]
On October 19, 2021, the European Court of Human Rights published two judgments, Miroslava Todorova v. Bulgaria [3] (in French only) (but see press release in English [4]) and Vedat Sorli v. Turkey [5] (in French only) (but see press release in English [6]), on freedom of expression. In both judgments, the Court decided unanimously that there was a violation of freedom of expression. The Miroslava v. Bulgaria case concerned disciplinary proceedings against a former judge and the President of the Bulgarian Union of Judges. In that case, the Court ruled that “the disciplinary proceedings against the applicant and the sanctions imposed on her had amounted to an interference with the exercise of her right to freedom of expression” since the proceedings and sanctions aimed at penalizing and intimidating her for her criticism. The Court decided that such had not been “‘necessary in a democratic society’ in pursuing the legitimate aims set out in Article 10 of the Convention.” The Sorli v. Turkey case concerned “the sentencing of the applicant to a term of imprisonment for insulting the President of the Republic, on account of two posts which he shared on his Facebook account.” The relevant Criminal Code article, which was the basis for the applicant’s conviction, affords a higher level of protection to the President compared to other people. The Court ruled that affording privileged status or special protection to a head of state is not, as a rule, in keeping with the spirit of the Convention. The Court ordered Turkey to bring the relevant Criminal Code provision into compliance with the Convention.