APPLICATION/REQUÉTE N° 6084/73 X. v/UNITED KINGDOM X. c/ROYAUME-UN I DECISION of 1 October 1975 on the admissibility of the application DÉCISION du 1•r octobre 1975 sur la recevabilité de la requét e Article 10 of the Convention : Right to freedom of expression . Possession of letters containing an offer of money to act illegaly. Breach of the duties and responsibilities with which Art. 10 requires freedom of expression to be exercised. Control over the dissemination of similar documents . Justified measure in accordance with para . 2. Article 9 of the Convention : Hypothetical restriction of the right to freedom of thought . ustifiabte for the same reasons expressed in relation to Art. 10. Article I of the Convention : No issue under this provision as there is no indication of a violation of any other Article of the Convention . Article 10 de la Convention : Droit à la liberté d'expression . Possession de lettres contenant une offre d'argent incitant à agir illégalement . Violation des devoirs et responsabifités que comporte, d'aprés l'article 10, l'exercice de la liberté d'expression . Contrôle de la diffusion de documents de ce genre . Mesure justifiée conformé- ment au paragraphe 2. Article 9 de la Convention : Restriction éventuette au droit à la tiberté de pensée . Mesure justifiable pour les mêmes mot/fs qu â propos de l'article 10 . Article 1 de la Convention : Aucun probléme au titre de cette disposition car il n'y a aucun indice de violation d'un autre article de la Convention . THE FACTS I français : voir p. 69 ) The facts of the case as submitted by the applicant may be summarised as follows : The applicant is a British national, born in 1933, and at present residing in Amsterdam . On . . . April 1972 at Maidstone Crown Court, the applicant was found guilty of two charges of possessing a document with intent to commit an offence under Section 1 of the Incitement to Disaffection Act 1934, contrary to Section 2 (1) of the Act and was sentenced to two years imprisonment which he has now served . The particulars of the offence were that on . . . October 1971, in Kent, England, the defendant had in his possession two documents, namely a pamphlet entitled "A letter from a soldier of the IRA to the soldiers of the Royal Green Jackets" and " A - 62 - letter from a Ballymurphy mother", these documents being of such a nature that the dissemination of copies among members of Her Majesty's forces would constitute an offence under the Incitement to Disaffection Act 1934 . (A copy of these documents is annexed hereto . ) The relevant sections of the Incitement to Disaffection Act 1934 are as follows Section 1 "If any person maliciously and advisedly endeavours to seduce any member of Her Majesty's forces from his duty or allegiance to Her Majesty, he shall be guilty of an offence under this Act . " Section 2 (1 ) "If any person, with intent to commit or to aid, abet, counsel, or procure the commission of an offence under Section 1 of this Act, has in his possession or under his control any document of such a nature that the dissemination of copies thereof among members of Her Majesty's forces would constitute such an offence, he shall be guilty of an offence under this Act ." Section 3 (1 ) "A person guilty of an offence under this Act shall be liable, on conviction on indictment to imprisonment for a term not exceeding two years or a fine not exceeding two hundred pounds, or . . . . to both such imprisonment and fine . " On . . . April 1972 the applicant was sentenced to the maximum sentence of two years' imprisonment . On . .. October 1972 the applicant's application for leave to appeal against conviction and sentence was dismissed by the Court of Appeal . COMPLAINT S The applicant complains that his rights under the following Articles have been violated : Article 1 in that Articles 9 and 10 have been violated . 2 . Article 9 in that the applicant alleges that he has been prevented from expressing his thoughts freely . 3 . Article 10 in that the applicant claims he has been prevented from exercising his right to freedom of expression and to receive and impart information and ideas . The applicant amplifies his complaints in respect of A rticles 9 and 10 as follows : "Article 10 1 . The applicant contends that the Incitement to Disaffection Act 1934 per se denies freedom of expression contra ry to Article 10 of the Convention . It is true that paragraph 2 of Article 10 qualifies the right to freedom of expression by permitting restrictions that 'are prescribed by law and are necessa ry in a democratic society, in the interests of national security . . .' . The applicant maintains that the Incitement to Disaffection Act not only is not necessary in a democratic society, but also that it prohibits speech that is necessary in a democratic society. If any lesson can be drawn from the Judgment of the International Milita ry Tribunal at Nuremberg, it is that soldiers must not be permitted to be used as mindless machines . To prevent this they must be permitted to be exposed to the kind of political and philosophical propaganda that ma y 63 - very well conflict with the military aims of the government that commands them . It is . further submitted that the term 'national security' does not cover the kind of opinion prohibited by the Act . Rather it is inténded to cover the dissemination of information relating to military deployments, ihe tactical conduct of military operations, the location and nature of secret weaponry and other suchlike military secrets whose protection is clearly within the realm of national security . Indeed, it is submitted that the speech prohibited by the Act should be encouraged as a matter of national security, particularly where there is a threat that the armed forces may engage the international responsibility of their government . 2 . If the Incitement to Disaffection Act prohibits expression protected by the Convention, a fortiori, the possession of documents with intent to violate the Act is similarly protected . 3 . A law which tries 'intention', not an 'attempt', not a conspiracy, but a mere psychological condition, coupled with the passive behaviour of possession, is a particularly pernicious violation ot the Article in question and the spirit of the Convention . Article 9 4 . The applicant further contends that the arguments 2 ând 3 above disclose a violation of his right to freedom of thought protected by Article 9 of the Convention . " THE LAW The applicant complains that his prosecution under the Incitement to Disaffection Act 1934 was contrary to his right to freedom of opinion and of expression protected by Articles 9 and 10 of the Convention . In support of his complaint, he submits first that the said Act is not necessary in a democratic society in ihe interests of national security as provided for in Article 10 (2) of the Convention . National security, the applicant contends, should have a restricted meaning not encompassing a limitation on political or philosophical propaganda . Members of the armed forces should receive such material so that they are aware of what they are doing and of the consequences of their actions . Secondly, since the imparting to, and reception by the armed forces of such information is protected by Article 10, it follows, a fortiori, that possession of such information in the form of the letters in question is also protected . Thirdly, the applicant contends that to prosecute for a mere intention, a simple psychological condition, is also a breach of Article 10 . The Commission would agree with the applicant that an army of unthinkin g people is contrary to the national interest . There is, however, a distinction between a person's freedom to express a particular point of view or to distribute information to army personnel, from a person's efforts to distribute material which attempts to persuade soldiers to disobey orders or deviate from their duty in active military service, even to the extent of committing criminal offences . It is with the latter that the present case appears to be concerned . The circumstances whereby the applicant came to be in possession of the two letters are not described . However, the applicant does not deny that the letters were in his possession or that it was his intention to distribute copies of the letters ; indeed this intention is clealy implied in his submissions on propaganda directed at the armed forces and on the protection of intention by Article 10. - 64 _ It is clear however that the applicant's freedom of expression and freedom to impart information, in so far as he may have wished to distribute these letters, has been interfered with . The Commission has considered then whether the interference was justifiable i n the light of the provisions of Article 10 121 and in particular those concerning public safety and the prevention of disorder or crime . In this context the Commission has examined the contents of the letters . It notes that on the whole the letters are political propaganda which might even have an opposite effect on soldiers reading them to that intended . The Commission leaves the question open whether it would be justifiable within the terms of Art . 10 (2) to repress such propaganda because, in the Commission's opinion, the applicant's submissions fail by virtue of the offer contained in the letter from a Soldier of the IRA of !50 to any British soldier who joins the IRA, :25 for the handing over of an officer and !80 for arms . The Commission considers that the dissemination of this letter would at jeast in this respect be a breach of the duties and responsibilities with which Art . 10 requires freedom of expression to be exercised . The Commission has also given particular consideration to the Letter from a Ballymurphy Mother, which, although presumably intended for distribution with the other letter, was the subject of a separate charge and might be regarded differently . This letter contains an invitation to soldiers to turn their guns on their officers . But even assuming that the approval expressed in that letter for turning guns on officen: instead of the IRA is not considered to be a serious or effective suggestion, the Commission still concludes that the suppression of this letter was necessary in the interests of public safety when the present state of public emergency in Northern Ireland is taken into account, in so far as the letter urges disobedience to orders to fire even though these could be necessary in self-defence or the control of violence . The Commission finds, therefore, that in the circumstances of the present case and because of the contents of these particular letters a more strict control over their dissemination was justifiable, in accordance with Art . 10 (2), not only for public safety and the prevention of disorder or crime but also for the protection of the rights of other members of the armed forces. In particular, where the applicant contends that the prosecution of "intention" only, combined with "possession", which is merely passive, is not justifiable in terms of Art . 10 (2) . The Commission considers that such a prosecution constitutes a measure necessary in a democratic society for the prevention of crime . The Commission has next considered the applicant's complaint under Art . 9 . Even assuming that the dissemination of an offer of money to act illegally could be deemed to fall within the scope of this Article, the Commission finds that the restriction of the applicant's freedom of thought or conscience ensured by Art . 9 (1) was justifiable for the same reasons expressed above in relation to Art . 10 and, in terms of Art . 9 121, it was justifiable in the interests of public safety, for the protection of public order and the rights of others . Finally, in so far as the applicant alleges a breach of Art . 1, the Commission concludes that no issue arises under this Article as it considers that there is no indication of a violation of any of the other Articles in the Convention . An examination by the Commisssion of these complaints as they have bee n submitted does not therefore disclose any appearance of a violation of the rights and freedoms set out in the Convention . - 65 - It follows that the application is manifestly ill-founded within the meaning of Art . 27 (2) of the Convention . For these reasons, the Commissio n DECLARES THE APPLICATION INADMISSIBLE . ANNEX A LETTER FROM A SOLDIER OF THE IRA TO THE SOLDIERS OF THE ROYAL GREEN JACKETS BELFAST. AUGUST 197 1 The /ol/owinG document wes first published in August 1977 . So Greet was its ellect on British troops in Northern /re/and and elsewhere that the English Special Branch began an immediate investigation info it. Homes have been reided and lhsh patriots have been threatened with charpes ol "subvertinv the loya/ry of the Crown forces". The British Establishment is worried about this document because it is euthentic and because il re9s the Iruth . N you went to help the Irish Liberation Forces win the present e/l-out war epeinst the English oppressors and exploiters end against their fascist Oranpe Order lackeys, then pleese trv and get this letter into the hands of the mugs in uniform who have al/owed themselves to be used as the Yepa/' burchers of the Brdish Esteblishment . Hello Riflemen I I am called John and serve as a soldier in the 3rd Brigade of the Republican Army in Belfast . I earn my living as a carpenter for we don't get pay in the IRA . In the past week it has been necessary tor me to fire upon, and kill one and wound some of, vour comrades . I had no wish to do this, for your fathers are workers such as I -and as you, when you leave the army . You will understend the necessity of my actions when you know that our homes have to be protected from the massive and brutal force brought against us by yourselves, the murder panes of the Ulster Volunteer Force, and the Police (you make jokes about the thieving habhs of these fellpws, but we can't laugh at them unfonunately) . I am aware that these lorays of yours against the Catholics are planned and set in motion by your oHicers-but do vou always have to obey them 7 They are your class enemies as much as mine . remember . By the way, do you know why these oflicera never accompany you on these missions 7 Why they are never on a street patrol ? In the midst o1 a riot 7 Nor anywhere, in fact, where they might be in harm's way 7 Our chief oHicer is Joe Cahill, a carpenter same as me . Blind as a bat and all-seeinp . He doesn't take safety of himself kindly . It was Joe who organised the defence of the city against you in this wet August . It was he who told us to fire at vou to miss and scare, or wound al worst . A gentle man s Joebut soH . He held his own alloned position for five days and nights in that time . He e~d on the barricade with me and Paddy for a shon time also-tho' Paddy later said this time lasted fidr hours. You came up the street five times in that period and went back five times more . Joe used a wet hanky against vour passas-as did myself and Paddy . For the bullets our flak-jackets were macs . Joe said, "Aim your bullets to ricochet in front of them" . I was affraid . Where You afraid of Joe 7 He is only a Irttle iackeen . But I was le ss afraid because he was there . Would you have been less afraid if you'd had your officer wnh you 7 Things are pettinp tough now, on this siirth day, and rt may well be that I'll be dead before vou complete the reading lor me the writing) of this letter, ritlemen . For I have only five rounds left for my old Lee-Enlield . I stand guard anyway, and I am not alraid . II you come to attack and harass my people now I will use these five rounds to try and friphten vou-thouph I could as easily kill five of You with them. - 66 - But I don't want to bring grief to vour old man in the act of killing, see 7 Though when my five rounds are gone I will still keep station . Then you may approach and kill me for I have no bayonet to the rifle and will not be able to oppose you in Your purpose . Then will my two sons grieve et my death-and fight between themselves as to who will now take my place . In a while they will compromise and both will then fill, twiceover, that place which I have lately vacated, And maybe then pentle Joe will no longer command . So will my sons then be required to wing grief to your families on the flight of their bullets ; aimed now, and not spat without aim against the cobbles of the Falls . In this way will my sons not bring grief to their memmv . It's a dirty game you've been kidded into riflemen . The killinp of workinpmen-the killing of workinpmen wo seek to defend the liltle that is theirs . As an army of the people our aim is to give over the control of this countrv to them . I and They are Irish and it is ours anyway . Now we will gain full control of it, in this, a people's war . A war You can't win by that very token . PresentN all power in this Und is vested in a corrupt government . A government o1 men such as otficer your army-evil and cowardly . When in due time you leave this army and return to your workers phettos in the towns and cities of Brinain you will understand what 1 am telling vou now . For You will then be controlled by these self-game oHicers, who by then will have soh jobs wi[h the help of the Conservative Party : and they will rule vou and control you in e harsher way than you are dealt wnh now in your barrack ehenos . And vou will let them . But we are freeborn Irishmen end we will not . Corporal Merciel, You will no doubt be glad to hear, arrived safely back in England et the end of July . He was you may remember, the men who murdered Sean Cuuck in Denv last month . your oHicers spirited him quietly out o1 the country after this breve exploit end brought him safely to your depot at Winchester . We could have caught and executed him, but this is not our way with poor misguided darkies . You will be delighted to hear also that he is now et least a serpeant-nine years is a long time to wait for that third stripe, isn't il 7 He has now joined the new representative company of vour reoiment in Celle, Germany . IThis company exists as an apology for the poor recruiting figures achieved in the drive for vour third battalion, no civies want to joint with vou in Ireland I'm afraid, and your new battalion scheduled for active service in September of this year will not theretore be joining you-it doesn't esist . l Rumour has it that Marcial oarformed prodipies whh the ladies in married quarters in Winchester before he leh for Germany-and Is now doing his best in like fashion to keep up the spirits of those in Celle even now. Look out for any babies your wives may present to vou in the coming months. If they have a builtin suntan, take them around to the sergeants' mess and leave Ihem there-care of the n6w member . Now perhaps is the time to speak of the ten men of your regiment who murdered Father Hugh Mullan on August 9th last . Among these ten were two Catholics . They . with the orthers, pumped round after round into the body of this gentle man-17 bullets in all . Tell your mates the implications of this killing, Georpe ; and then consider your own actions in the matter . Through fear of your section corporal, You had lired the first round into this holy priest, you allowed y~oursell to be also implicated las were the othersl bv allowing vourself to be bullied into emptying a near full magazine into his already torturetl body . You might pef yours any day now, George . Can vou find a priest to give you absolution-no . Not Paisley even, though he's no priest 7 An officer of your regiment was involved in three other murders in March of this year . Others involved from the British Army came from the group of S .A .S . men now living it up at the Culloden Hotel . IThe name Culloden vAI strike an eerie note to thosa Scotsmen wilh historical interests, no doubt, especially when vou know that the three murdered men belonged to the Scottish Fusiliers and were hardly of an age to know their lett hand from their ripht . l The murders were planned by the Intelligence Corps of the British garrison in Belfast for polhical purposes. Hate had to be created in the common soldier for all that was Irish. How better to do this reasoned the S .I .B ., S .A .S . and your very own intellipence oHicer than to execute a particularly bestial murder upon one lor even two or threel of their own soldiers and ley the blame on the IRA 7 So, when on that wet windy day last March those three youn0 boys left their billets for a bit of a booxe up here in Belfest their death warrants were already signed and they were awaiting execution . An S .A .S . officer approached them when theÿ d had a skinful Ihe was in Muftil and suppected a party and pids to them . So oH they all went to the Orange stronghold of Liponiel, just outside the city . There . with the connivance of the Master of the local "loval" Orange lodge, thay put brutally to death the three unsuspectinp bovs . The murder detail was composed o1 men lrom the Royal Ulster Constabulary . - 67 - Remember the lactures you pot after this incident about the criminal actions of the IRA in the naner 7 Now, think about the truth of the cese . Examine the logic . Explore the geography of the place of death for these poor lads . I know that you know the truth of the maner anyhow . I put it here in this lener merely for the record . Your officers are prepared to deal with Your lives as they dealt with those of the three Scottish possoons will You let them 7 We of the IRA fight a people's war for the IibenY of all . We don't have officers such as yours. Workinprrrtn of the Greeniackets 1 Leave Your repiments and come over to us in this fight . Le1 us topether deatrv the corruption of this fascist state . You will be received with honour and may choose either the sefety of Eire or remain with us to drive the fascists into St . George's Channel . Any soldier coming over to the side of the people will receive an immediate bounty of l50. Any soldier delivering over to us any oHicer of your army will be pmnted a further l25. Thosp who deliver arms will be pranted QBD . You know who to ask for directions to the nearest IRA commander . Now open your mouth and walk out of the dinY war of your masters. Come I and help bring libeny to your Irish bruthers . Join in the workers' revolution . Join wah the ten of Your former comrades already with us . Come on I I invite you, John, soldier in the army of the Provisional Government of all Ireland . We are ¢taninp with an all-Ukter Padiement . We shall end with a free aYIreland People's Republic whose workers end small farmers will not be subject to the foreign yoke . Editor's Comment : II Brhish soldiers in Nonhem Ireland have env guts or nanliness, they should be prepared to follow the example of Lance Corporal Anhur Deane . When this brave soldier of the Queen's Lancashire Regiment was posted to Armaph last Year he very quickly ume to realise the true cruel suppressive role of the British Army in Ulster . His conscience immediatelv began to bother him ; and being e man of high moral courage he told his commanding officer that he would not open fire on any demonstrators or any other freedom-fi0hters there . Anhur Deane refused to act like a thug and commit murder . Be men and refua to do likewise . A LETTER FROM A BALLYMURPHY MOTHE R English Soldiers , I'm a Ballymurphy mother, one of the "fuckin Teips" you're always sneetinp at when you're not trying to kill us . When vou came over here in great numbers two vears ago I was among the women who handed out cups o7 tea to vou . I was silly enough to think that you'd come to save us from the B-Specials and the Stormont bastards . Now we know different, much to our cost in blood end heanaches, and were there plentv of water to spare if I was to give you anything now it would be either piss or poison . I don't sleep much these nights . I lie awake thinking about our men and boys out there defending us from the more brutal of vou . Some of our men have been killed and hun recently by you . When I'm Ivinp sleepless in my bed I often wonder do you ppt a kick out of shootinp our men . Do you smile when Your bullets strike home 7 What do You think about . English soldier, when you line Vour sights up on Irish people defending their homes 7 When the German suldiers were occupying France, Îust as Vai re occupying our Ulster, did they think like vou to when they were shootinp Frenchmen defending their homes 7 You must be thinking the same thoughts since You're doing exectly the same as the German soldiers did . Nowadays when you pass down our road I call you murderers under my breath, though I shout it into your faces when vou come lookinp for our men . But perhaps I may be a latle wrong, perhaps yrlou're not all born killers who joined the army to do vour killing legal like 7 You may feel that you're just doing a iob, though a very dinv job . You probably kill and injure people only because you're ordered to . You feel your officers know best and vou do exactly what they tell vou bebause vou haven't Oot a mind of vour own . You're iust e simple soldier-just a nmron . Well, if you aren't a moron, then.vou must be a born killer. Or then again, You may be just a weaklinp forced into a terrible position, like a rat in a trap . Mavbe vou actually hate killing, and dread the thought of being killed, and that is why you fire at our men, and kids and women at times . You may be caught in a trap of Your own making, English Soldier, but there is a way out, there is an alternative . -6B- I don't want vou to do anything heroic like turning your guns on your officers Iwhich you should tlol . Instead I'm going to suggest somethinp much simpler . You see I know how you must feel deep down inside . I've got two prownup sons mvself . They're also in an army . an Irish army fighting on Irish soil . They go out with guns most nights, and I worry over them and wish we could live in peace . But someone must defend our homes and streets . These lads of mine I know very well and Ihey can't be that different from some of youu I know that they don't want to kill you, like the poor soldier they killed lan Sunday for the sake of doing it . They'd much more prefer You to leave Ireland and go back to vour country, tou vour dad and mum or your wife and kids-alive . Think of your loved ones, like I do of mine . You must want to see them again . And they must wantto see you . Well then, as a nqther who doesn't want to see her sons end up in a churchyard . I'm offering an arrangement which I'm sure the men around here would agreed to . The arrangement is this. We wan't kill you, provided that from now on you aim your 5hots to miss our men . In this way you can continue to obey your officers' orders to shoot and at the seme time stay alive, and your mates won't think you're funking . It's the best insurance policy for vou, English soldiem . For your wife and children want to see you 9pain-on your own two feet and not dead or maimed . A BeMvmurphv Mofher (TRADUCTION) EN FAIT Les faits de la cause, tels qu'ils sont présentés par le requérant, peuvent se résumer comme suit : Le requérant est un ressortissant britannique, né en 1933, qui réside actuelle . ment à Amsterdam . Le . . . avril 1972, devant le tribunal de Maidstone (e Maidstone Crown Court »), le requérant a été reconnu coupable de deux chefs d'accusation relatifs à la possession d'un document dans l'intention de commettre un délit relevant de l'article 1 de la loi de 1934 relative à l'incitation à la désertion Ilncitement to Disaffection Act), en violation de l'article 2 111 de la loi et il a été condamné à deux ans de prison, peine qu'il a maintenant purgée . Les caractéristiques du délh étaient que, le . . . octobre 1971, dans le Kent, en Angleterre, le défendeur se trouvait en possession de deux documents : un pamphlet intitulé rt A letter from a soldier of the IRA to the soldiers of the Royal Green Jackets n(lettre d'un soldat de l'IRA aux soldats des Royal Green Jackets) et a A letter from a Ballymurphy mother n( lettre d'une mére de Ballymurphy), la nature de ces documents é tant telle que leur diffusion à des membres des forces armées de Sa Majesté constituait un délit au titre de la loi de 1934 sur l'incitation à la désertion . IUne copie de ces documents figure en annexe . l Les articles de la loi de 1934 sur l'incitation à la dése rtion, qui sont applicables en l'espèce, sont les suivants : Article 1 rc Toute personne qui tente intentionnellement de détourner un membre des forces armées de Sa Majesté de son devoir ou de son allégeance à Sa Majesté se rend coupable d'un délit au titre de la présente loi . » - 69 - Art icle 2 (1 ) « Toute personne qui, dans l'intention de commettre, de faciliter, de conseiller ou de faire commettre un délit relevant de l'article 1 de la présente loi, a en sa possession ou sous son contrôle un document de nature telle que la diffusion d'exemplaires de ce document à des membres des forces de Sa Majesté constituerait un tel délit se rend coupable d'un délit en vertu de la présente loi . » A rt icle 3 11 1 « Toute personne coupable d'un délit tombant sous le coup de la présente loi est passible, après sa condamnation, d'une peine de prison ne dépa ssant pas deux ans ou d'une amende ne dépassant pas 200t, ou . . . d'une telle peine de prison et amende à la fois . » Le . . . avril 1972, le requérant a été condamné à la peine maximale de deux ans de prison . Le . . . octobre 1972, la demande présentée par le requérant en vue d'être autorisé à interjeter appel contre la condamnation et la peine a été rejetée par la cour d'appel . GRIEFS Le requérant se plaint de la violation des droits qui lui sont garantis par les articles suivants de la Convention : 1 . Article 1, dans la mesure où les articles 9 et 10 ont été violés . 2. Article 9, en ce qu'il aurait été empéché d'exprimer ses idées librement . 3. Article 10, dans la mesure où il aurait été empéché d'exercer son droit à la liberté d'expression et de recevoir et de communiquer des informations et des idées . Le requérant développe de la maniére suivante ses griefs concernant les articles 9 et 10 : rc Article 10 1 . Le requérant soutient que la loi de 1934 sur l'incitation à la désertion dénie en elle-même la liberté d'expression, en violation de l'article 10 de la Convention . Il est exact que le paragraphe 2 de l'article 10 limite le droit à la liberté d'expression dans la mesure où il autorise des restrictions qui sont « prévues par la loi et qui constituent des mesures nécessaires, dans une société démocratique, à la sécurité nationale . . . n . Le requérant soutient que la loi relative à l'incitation à la désertion non seulement n'est pas nécessaire dans une société démocratique mais que, de plus, elle empéche la liberté de parole qui est nécessaire dans une société démocratique . Si une leçon quelconque peut 8tre tirée du jugement du tribunal militaire international de Nuremberg, c'est qu'il ne faut pas tolérer que les soldats puissent étreutilisés comme des machines dépourvues d'intelligence . Afin d'em- pêcher ceci, il faut leur permettre d'être exposés à un type de propagande politique et philosophique qui peut fort bien Btre en contradiction avec les buts militaires du Gouvernement dont ils dépendent . Le requérant allègue en outre que les terrnes