E.S. v. AUSTRIA - 38450/12 (Judgment : No Article 10 - Freedom of expression-{general} : Fifth Section)

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

Angelika Nußberger, President, André Potocki, Síofra O'Leary, Mārtiņš Mits, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov, Lado Chanturia, judges, and Claudia Westerdiek, Section Registrar,

. At the journal's request, a preliminary investigation was instituted against the applicant, and on 11 February 2010 she was questioned by the police concerning certain statements she had made during the seminars, which had been directed against the doctrines of Islam.

"I./ 1. One of the biggest problems we are facing today is that Muhammad is seen as the ideal man, the perfect human, the perfect Muslim. That means that the highest commandment for a male Muslim is to imitate Muhammad, to live his life. This does not happen according to our social standards and laws. Because he was a warlord, he had many women, to put it like this, and liked to do it with children. And according to our standards he was not a perfect human. We have huge problems with that today, that Muslims get into conflict with democracy and our value system ...

The most important of all Hadith collections recognised by all legal schools: The most important is the Sahih Al-Bukhari. If a Hadith was quoted after Bukhari, one can be sure that all Muslims will recognise it. And, unfortunately, in Al-Bukhari the thing with Aisha and child sex is written...