25 CASTELLS v. SPAIN JUDGMENT CONCURRING OPINION OF JUDGE CARRILLO SALCEDO CONCURRING OPINION OF JUDGE CARRILLO SALCEDO I fully share the views expressed by the Court at paragraph 46 of the judgment. I should like to stress that freedom of expression constitutes one of the essential foundations of a democratic society. But I must also emphasise that the exercise of that freedom "carries with it duties and responsibilities" (Article 10 para. 2 of the Convention) (art. 10-2), and that, in a situation where politically motivated violence poses a constant threat to the lives and security of the population, it is particularly difficult to strike a fair balance between the requirements of protecting freedom of expression and the imperatives of protecting the democratic State. By providing, in Article 10 para. 2 (art. 10-2), that the exercise of the freedom of expression and the freedom to hold opinions and to receive and impart information and ideas "may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society", the Convention recognises that these freedoms are not absolute. Moreover, the Convention also recognises the principle that no group or person has the right to pursue activities which aim at the destruction of any of the rights and freedoms enshrined in it (Article 17) (art. 17); that implies in addition, in my view, positive obligations for the States parties. Therefore, it remains open to the States to adopt measures, even of a criminal law nature, intended to react appropriately and without excess, that is, in conformity with the Convention requirements, to defamatory accusations devoid of factual foundation or formulated in bad faith.