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European Human Rights Court Says Turkey Violated Rights In Conviction For Clothing

By Howard M. Friedman

The European Court of Human Rights yesterday held that Turkey violated Art. 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights when it convicted members of a religious group known as Aczimendi tarikatÿ for the clothing they wore. According to the Court's press release on the decision:

In October 1996 they met in Ankara for a religious ceremony held at the Kocatepe mosque. They toured the streets of the city while wearing the distinctive dress of their group, which evoked that of the leading prophets and was made up of a turban, "salvar" (baggy "harem" trousers), a tunic and a stick. Following various incidents on the same day, they were arrested and placed in police custody.

In the context of proceedings brought against them for breach of the anti-terrorism legislation, they appeared before the State Security Court in January 1997, dressed in accordance with their group's dress code.

Following that hearing, proceedings were brought against them and they were convicted for a breach both of the law on the wearing of headgear and of the rules on the wearing of certain garments, specifically religious garments, in public other than for religious ceremonies.

The full opinion in Affaire Ahmet Arslan v. Turquie, (ECHR, Feb. 23, 2010), is available in French.

Full post as published by Religion Clause on February 24, 2010 (boomark / email).