ECHR: Bosnia violated freedom of religion over skullcap

By Hajer M'tiri

PARIS (AA) - Holding a witness in contempt of court for refusing to take off his skullcap was not justified, the European Court of Human Rights (ECHR) said Tuesday, ruling Bosnia and Herzegovina had violated the man’s freedom of religion.

Testifying in 2012 about an attack on the U.S. Embassy in Sarajevo the previous year, Husmet Hamidovic -- a Bosnian-Herzegovinian citizen -- was expelled from the courtroom, convicted of contempt of court, and fined for refusing to remove his skullcap.

In a 6-1 decision, the top European court found that there was nothing to indicate that Hamidovic was disrespectful during the trial and that the actions against him had been a violation of Article 9 of the European Convention on Human Rights concerning freedom of religion.

"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," read the ECHR ruling.

The court ordered Bosnia and Herzegovina to pay Hamidovic €4,500 (around $5,300) in non-pecuniary damages.