AHMET SADIK v. GREECE (46/1995/552/638) 15 November 1996: conviction of politician belonging to Muslim community of Western Thrace for disturbing peace during election campaign by distributing leaflets referring to that community as "Turkish" -- Applicant deceased - widow and children have legitimate moral interest in obtaining ruling

Greece - conviction of politician belonging to Muslim community of Western Thrace for disturbing peace during election campaign by distributing leaflets referring to that community as "Turkish"

I. Preliminary observation

Applicant deceased - widow and children have legitimate moral interest in obtaining ruling that his conviction infringed right to freedom of expression relied on before Convention institutions - definite pecuniary interest under Article 50 of the Convention.

Conclusion: applicant's heirs have standing to continue proceedings in his stead (unanimously).

II. Government's preliminary objection (non-exhaustion of domestic remedies)

Supervision machinery set up by Convention: subsidiary to national human rights protection systems - principle reflected in rule set forth in Article 26 of Convention - reiteration of principles laid down in Court's case-law on question of exhaustion.

In present case applicant did not at any time rely on Article 10 of Convention, or arguments to same or like effect based on domestic law, in courts dealing with his case, but merely defended himself against charge of disturbing peace contrary to Article 192 of Criminal Code.

Conclusion: objection upheld (six votes to three).

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