The thematic factsheets highlight the European Court of Human Rights’ relevant case-law and the Council of Europe’s other instruments aiming to protect the freedom of expression and the safety of journalists. They shed light on acts or omissions of the national authorities likely to amount to a hindrance of the rights guaranteed by the European Convention on Human Rights. Five general factsheets cover each of the five categories of alerts likely to be posted on the Platform. Specific factsheets are added on themes inspired by the alerts already posted.

  • Disclaimer The information contained in the thematic factsheets is not a legal assessment of the alerts and should not be treated or used as such.




















Follow-ups to alerts Follow-ups to alerts

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Mehmet Altan’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Altan’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Altan’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Şahin Alpay’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Alpay’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 46 (binding force and execution of judgments) of the Convention, the Court held that it was incumbent on the respondent State to ensure the termination of Mr Alpay’s pre-tria detention at the earliest possible date. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Alpay’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.

CONTACT US

Follow us   

Twitter feed Twitter feed
Follow-ups to alerts Follow-ups to alerts

2 March 2021

Journalists and Media Workers Assaulted During Protests

2 March 2021

Online Video Advises NOS Journalists to "Flee the Netherlands"

25 February 2021

Three German Freelance Journalists Detained on Lesbos while Reporting on Refugee Landings

22 February 2021

Death Threats against Croatian Journalists after Man Storms into Zadarski.hr Editorial Offices

22 February 2021

N1 TV Crew Insulted and Threatened during Interview

17 February 2021

Demonstrators Attack RFE/RL Office in Yerevan, Assault Journalists

16 February 2021

Explosives Detonate in Front of Albanian Journalist Elidon Ndreka’s House

12 February 2021

Police Uses Force and Detains Two Journalists Covering Street Clashes in Albania

9 February 2021

Hungary’s Last Independent Radio Station has License Extension Rejected by Media Council

8 February 2021

Journalist Esra Aygin Receives Death Threats after Criticising "Northern Cypriot President" Ersin Tatar

3 February 2021

Russian Police Detain or Harass more than 100 Journalists amid a New Wave of Pro-Navalny Protests

2 February 2021

Authorities Attempt to Discourage Journalists, Social Media Platforms, and News Outlets from Covering Protests; At least 50 Journalists Subsequently Detained, Obstructed and Assaulted by Police

1 February 2021

Denník N Editor Monika Tódová Surveilled by Unknown Men

1 February 2021

Orlen’s Takeover of Polska Press Exposes Media Pluralism

29 January 2021

Gazeta Wyborcza Journalists Magda Kozioł and Joanna Urbańska-Jaworska Assaulted by Masked Men while Covering Women’s March

27 January 2021

Results of Investigation Remain Offline Amid Ongoing Lawsuit Against Estonian Public Broadcaster and Journalists Mihkel Kärmas and Anna Pihl

25 January 2021

Lisbon Public Prosecutor Puts the Protection of Sources at Risk

20 January 2021

Lawsuit Against Swedish Outlet Realtid Filed in London

4 January 2021

New National Policing Plan Raises Concerns among Journalists

4 January 2021

Journalists Obstructed during Yellow Vest Demonstrations

4 January 2021

Subject to repeated intimidation, journalist Inès Léraud faces new defamation charges

4 January 2021

Journalist Taha Bouhafs Taken into Custody

17 December 2020

Estonian Justice Minister to Look into Journalists' Practices Following Revelations

16 December 2020

Police Uses Force and Detains Two Journalists Covering Street Clashes in Albania

16 December 2020

TF1 and Journalist Liseron Boudoul Targeted by Hate Campaign

16 December 2020

Five Journalists Held in Police Custody

16 December 2020

Two Media Workers Injured in Knife Attack

16 December 2020

Journalist Alexandre Reza Kokabi Arrested and Taken into Custody

16 December 2020

Journalist Ysis Percq Threatened and Intimidated by Far-Right Activists

16 December 2020

Journalists Banned from Railway Stations

15 December 2020

Gazeta Wyborcza Journalist Angelika Pitoń faces Two Charges in Poland

4 December 2020

Arson Attack on Alternatyva.org Editorial Office

2 December 2020

Journalists Attacked and Injured while Covering Protests in Slovenia

2 December 2020

Two Journalists from RTV Slovenia Subject to Preliminary Investigation for Violating COVID-19 Restrictions

24 November 2020

La Nazione Photojournalist Tommaso Germogli Hospitalised with Head Trauma after Attack

24 November 2020

Sky TG 24 Crew Covering Anti-lockdown Demonstration Attacked and Chased in Naples

24 November 2020

Italian Journalist Mimmo Rubio Threatened over Coverage of COVID-19 Protests and Organised Crime

19 November 2020

Cars of Italian Journalists Claudio Brambilla and Luisa Biella Destroyed in Suspected Arson Attack

13 November 2020

Armenian Ministry of Foreign Affairs strips Russian Journalist Ilya Azar of Press Accreditation

13 November 2020

Two Journalists Prosecuted for Investigative Documentary on 'MS Estonia'

12 November 2020

Italian Journalist Saverio Tommasi Insulted and Threatened by Anti-face Mask Protesters in Rome

12 November 2020

Investigative Program ‘Schemes’ Targeted with Car Burning

12 November 2020

Ukrainian Investigative Journalist Mykhailo Tkach Finds Traces of Surveillance Devices at his Home

12 November 2020

Judges Illegally Tried to Gain Access to a Ukrainian Journalist Telephone

12 November 2020

Ukrainian Journalist Katerina Sergatskova in Hiding amid Threats

27 October 2020

39 Lawsuits against Journalists from Necenzurirano

27 October 2020

39 Lawsuits against Journalists from Necenzurirano

27 October 2020

Bulgarian Reporter Martin Georgiev Summoned for Questioning over Request for Comment

27 October 2020

News Website Apache Ordered by Court to Take Down an Article

27 October 2020

Judicial Intimidation Targeting the Romanian Union of Journalists and Daily Newspaper "Libertatea"

27 October 2020

Warsaw Publishing House Broken into and Vandalised

27 October 2020

British-Azerbaijani Businessman Threatens Defamation Actions against Five Media Outlets

27 October 2020

EUobserver under Threat of Legal Action in Belgium after Complaint was Dismissed in Luxembourg

27 October 2020

Subject to repeated intimidation, journalist Inès Léraud faces new defamation charges

27 October 2020

Lawsuits Filed against the Romanian Centre for Investigative Journalism

27 October 2020

Threats of Legal Action against Cartoonist Gábor Pápai

27 October 2020

Polish Clothing Company LLP Files Lawsuit against two Polish Journalists for Newsweek Poland Article

27 October 2020

Croatian Businessman Requests The Shift to Deposit €300,000 in Damages

27 October 2020

Journalist Ana Lalic Detained Overnight after Reporting on Conditions in Hospital

27 October 2020

Satabank Co-Owner Files SLAPPs against Maltese Blogger Manuel Delia and Times of Malta in Bulgaria

27 October 2020

Court Orders Recall of Forbes Hungary Following GDPR Complaint

27 October 2020

Land Invest Group Had Investigative Journalists Shadowed by Private Detectives

27 October 2020

Malta Economy Minister Issues four Libel Suits and Warrants Against Blogger Daphne Caruana Galizia

26 October 2020

Serbian Journalist Jeton Ismaili’s Family Threatened during Break-In

26 October 2020

Journalists and Media Workers Attacked and Obstructed while Covering Belgrade Protests