Turkish court accepts online blasphemy case, ECtHR ruling precedent

The lawsuit was filed against A.M.S. over his remarks allegedly insulting Islamic beliefs on Ekşi Sözlük (Sour Times), a website on which contributors share their comments on various issues and incidents in Turkey. In the indictment she prepared over a criminal complaint filed against A.M.S. by an individual, İstanbul prosecutor Nurten Altınok referred to a 1994 decision of the ECtHR in the Otto-Preminger-Institut v. Austria case. The case concerns an application by the Austria-based Otto-Preminger-Institut at the European court over the ban of a movie by the Austrian government in 1985, on the grounds that it insulted the Christian religion.

The applicant claimed a violation of their freedom of speech under Article 10 of the European Convention on Human Rights, which provides the right to freedom of expression. The court, however, found no violation of the convention and said the interference with the applicant association's freedom of expression was prescribed by law but the seizure and forfeiture of the film were aimed at “the protection of the rights of others” -- namely, the right to respect for one's religious feelings, and at ensuring religious peace. The court assessed the conflicting interests of the exercise of two fundamental freedoms guaranteed under the convention and concluded that the Austrian authorities did not overstep their margin of appreciation.

Prosecutor Altınok, who says the suspect went beyond the limits of freedom of speech by ridiculing Muslim prayer rituals and the Islamic belief that the universe was created by God, seeks up to one-and-a-half years in jail for A.M.S., who said in his testimony that he did not intend to commit a crime nor to target a group or individual with his comments.