ECtHR - JUDGMENT 15.03.2011, OTEGI MONDRAGON v. SPAIN, n degrees 2034/07, - "ARTICLE 10 ECHR - FREEDOM OF EXPRESSION-LIMITS- SERIOUS INSULT TO THE HEAD OF STATE-INCITEMENT TO VIOLENCE AND HATE SPEECH" THE LIMITS TO THE FREEDOM OF EXPRESSION IN THE POLITICAL DEBATE

The Judgment of the Court of Justice in Case Otegi Mondragon v. Spain, considered disproportionate the imposition of a prison sentence on Arnaldo Otegi by asserting that the King of Spain was "in charge of the torturers." The resolution focuses on the exercise of freedom of expression in political debate and the restrictive interpretation of its limits when it comes to critical with state authorities. The ECHR displays its arguments based on an established jurisprudence on freedom of expression that is considered inherent to democracy and thus, a priority with respect to the protection of reputation and personal honour. The Court also reiterates that internal rules which provides to the head of State increased protection with regard to insults against him are not in keeping with the ECHR and states that the imprisonment penalty is disproportionate, except for the circumstances where other fundamental rights have been seriously impaired, as in the case of incitement to violence or hate speech, something the ECHR does not appreciate in the disputed statements.