INCAL JUDGMENT OF 9 JUNE 1998 20 In the present case the Government pleaded the “duties” and “responsibilities” with which Article 10 links exercise of the freedom of expression (see paragraph 44 above). However, these do not dispense with the obligation to ensure that an interference satisfies the requirements of paragraph 2 (see, mutatis mutandis, the Thorgeir Thorgeirson v. Iceland judgment of 25 June 1992, Series A no. 239, p. 27, § 64). 54. The limits of permissible criticism are 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 must be subject to the close scrutiny not only of the legislative and judicial authorities but also of public opinion. Furthermore, the dominant position which the government occupies makes it necessary for it to display restraint in resorting to criminal proceedings, particularly where other means are available for replying to the unjustified attacks and criticisms of its adversaries. Nevertheless it remains open to the competent State authorities to adopt, in their capacity as guarantors of public order, measures, even of a criminal-law nature, intended to react appropriately and without excess to such remarks (see the Castells judgment cited above, p. 23, § 46). 55. In the present case the İzmir executive committee of the HEP submitted one copy of the leaflet to the İzmir prefecture on 2 July 1992 with an application for permission to distribute it (see paragraph 11 above). The security police, who were then asked to study its content, considered that the leaflet could be regarded as separatist propaganda (see paragraph 12 above). At that stage the authorities were accordingly in a position to require changes to the text. However, the day after this application was lodged at the prefecture the leaflets were seized and prosecutions brought against its authors, including Mr Incal, under Article 312 of the Criminal Code, among other provisions (see paragraph 21 above). 56. The Court notes the radical nature of the interference in question. Its preventive aspect by itself raises problems under Article 10 (see, among other authorities, the Vereniging Weekblad Bluf! v. the Netherlands judgment of 9 February 1995, Series A no. 306-A, p. 16, §§ 45 and 46, and, mutatis mutandis, the Vereinigung demokratischer Soldaten Österreichs and Gubi v. Austria judgment of 19 December 1994, Series A no. 302, pp. 18– 19, § 40). In addition, the İzmir National Security Court sentenced the applicant to six months and twenty days’ imprisonment and a fine of 55,555 Turkish liras and disqualified him from driving for fifteen days (see paragraph 16 above). Furthermore, as a result of his conviction of a “public order” offence, Mr Incal was debarred from the civil service and forbidden to take part in a number of activities within political organisations, associations or trade unions (see paragraph 22 above).

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