Ben El Mahi and Others v. Denmark

App. No. 5853/06 (2006)

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Ben El Mahi and Others v. Denmark

European Court of Human Rights
App. No. 5853/06 (2006)

Facts

A Danish newspaper published caricatures of the Prophet Muhammed. Several Muslim groups complained to officials within Denmark (defendant), claiming that the caricatures were unlawful because they were an insult on the basis of race or religious orientation. Danish officials refused to pursue criminal charges against the newspapers, and the Danish courts ruled for the newspaper in civil proceedings. Moroccan national Ben El Mahi, a Muslim, and two Moroccan groups representing Muslims (the Moroccans) (plaintiffs) filed an application with the European Court of Human Rights alleging that Denmark had violated the European Convention on Human Rights (ECHR) by discriminating against them. The court first considered whether it had jurisdiction to hear the dispute.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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