In Chamber judgment (5/12/2017) in the case of Hamidović v.
Bosnia and Herzegovina (application no. 57792/15) the European Court of Human
Rights held, by six votes to one, that there had been: a violation of Article 9
(freedom of religion) of the European Convention on Human Rights.
In 2012 Mr Hamidović, a witness in a criminal trial, was
expelled from the courtroom, convicted of contempt of court and fined for
refusing to remove his skullcap.
The Court found that there had been nothing to indicate that
Mr Hamidović had been disrespectful during the trial. Punishing him with
contempt of court on the sole ground that he had refused to remove his
skullcap, a religious symbol, had not therefore been necessary in a democratic
society and had breached his fundamental right to manifest his religion.
The Court pointed out in particular that Mr Hamidović’s case
had to be distinguished from cases concerning the wearing of religious symbols
and clothing at the workplace, notably by public officials. Public officials,
unlike private citizens such as Mr Hamidović, could be put under a duty of discretion,
neutrality and impartiality, including a duty not to wear religious symbols and
clothing while exercising official authority.
Σχόλια