INCAL JUDGMENT OF 9 JUNE 1998
15
FINAL SUBMISSIONS TO THE COURT
36. In their memorial, and later at the hearing, the Government asked the
Court to hold that the proceedings complained of had not infringed the
rights secured to the applicant by Articles 6, 10 and 14 of the Convention.
37. The applicant asked the Court to hold that Article 6 § 1, Article 9
and Article 10 of the Convention had been breached and to award him just
satisfaction under Article 50.
AS TO THE LAW
I.
ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
38. Mr Incal submitted that his criminal conviction on account of his
contribution to preparation of the leaflet in issue had infringed his right to
freedom of expression guaranteed by Article 10 of the Convention, which
provides:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence, or
for maintaining the authority and impartiality of the judiciary.”
The Commission accepted this argument, which the Government
contested.
A. Existence of an interference
39. The participants in the proceedings agreed that the applicant’s
conviction amounted to an interference with the exercise of his right to
freedom of expression. That is also the Court’s opinion.