SAVVA TERENTYEV v. RUSSIA JUDGMENT
19
appreciation. However, the margin of appreciation is coupled with
supervision by the Court both of the law and the decisions applying the law,
even those given by independent courts. The Court is therefore empowered
to give the final ruling on whether a “restriction” is reconcilable with
freedom of expression as protected by Article 10 (see, among many other
authorities, Karataş v. Turkey [GC], no. 23168/94, § 48, ECHR 1999-IV).
64. The Court’s supervisory function is not limited to ascertaining
whether the national authorities exercised their discretion reasonably,
carefully and in good faith. It has rather to examine the interference in the
light of the case as a whole and to determine whether the reasons adduced
by the national authorities to justify it were “relevant and sufficient” and
whether the measure taken was “proportionate” to the legitimate aim
pursued. In doing so, the Court has to satisfy itself that the national
authorities, basing themselves on an acceptable assessment of the relevant
facts, applied standards which were in conformity with the principles
embodied in Article 10 of the Convention (see, among many other
authorities, Chauvy and Others v. France, no. 64915/01, § 70,
ECHR 2004-VI).
65. With regard, more specifically, to the interference with freedom of
expression in cases concerning expressions alleged to stir up or justify
violence, hatred or intolerance, the Court reiterates that tolerance and
respect for the equal dignity of all human beings constitute the foundations
of a democratic, pluralistic society. That being so, as a matter of principle it
may be considered necessary in democratic societies to sanction or even
prevent all forms of expression which spread, incite, promote or justify
violence or hatred based on intolerance provided that any “formalities”,
“conditions”, “restrictions” or “penalties” imposed are proportionate to the
legitimate aim pursued (see, mutatis mutandis, Gündüz v. Turkey,
no. 35071/97, § 40, ECHR 2003-XI). It certainly remains open to the
relevant 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 Erdoğdu, cited
above, § 62). Moreover, where such remarks incite violence against an
individual, a public official or a sector of the population, the State enjoys a
wider margin of appreciation when examining the need for an interference
with freedom of expression (see, among many other authorities, Öztürk,
cited above, § 66; and Ceylan v. Turkey [GC], no. 23556/94, § 34,
ECHR 1999-IV).
66. In its assessment of the interference with freedom of expression in
cases concerning the expressions mentioned in the previous paragraph, the
Court takes into account a number of factors, which have been summarised
in the case of Perinçek (cited above, §§ 205-07). It is the interplay between
the various factors rather than any of them taken in isolation that determines
the outcome of a particular case (ibid., § 208). The Court will thus examine