Ex-neuroloog; strafvervolging; hulpeloosheid; voorwaardelijke opzet; mishandeling

The article discusses the implications of the Refah Partisi vs. Turkey case. The Court has made onerous assumptions about the notion sharia by declaring it a ‘violation of [European Human Rights] Convention values’. The Court should not have ventured into an interpretation of a highly technical and controversial term like ‘sharia’, especially when done so in connection with the inciting use of that term by Refat Partisi members. Moreover, given the fact that sharia also encompasses religious rituals like prayer, fasting and burial, calling sharia a violation of human rights is a misnomer. The Court should not have allowed itself to get lured into a domain it is not knowledgeable about but should have stuck to strict legal reasoning.