or military secrecy, should be proportionate when considered in context and that, wherever possible, measures that inhibit speech to a lesser degree should be adopted. Applying these principles, the European Court of Human Rights has demonstrated a more sceptical approach in two free-speech cases involving members of the armed forces. In the first, the Court found that a magazine distributed by soldiers was not a threat to discipline since, although sometimes critical, it contained information about complaints and appeals procedures and did not recommend disobedience to orders.80 In the second, the Court found that Art. 10 had been violated when a junior officer sent a long letter of complaint to his superior (which was not otherwise published) and was sentenced to three months’ imprisonment for insulting the armed forces.81 Accordingly, the prosecution was not “necessary in a democratic society” as required by Art. 10.2. As these instances show, the Court will, on occasion, exercise an independent assessment of whether a justified ground for restricting rights exists. It is clear, then, that even restrictions on the freedom of expression of members of the armed services that serve a legitimate aim must be demonstrably proportionate in order to be acceptable. 4. Best Practices and Recommendations • Any remaining restrictions on the electoral rights of members of the armed forces should be removed; • Members of the armed forces and military personnel should be permitted to join legal political parties; • Where restrictions are imposed on the holding of office in political parties, on political campaigning, or on members of the armed forces standing for election to political office, these should be prescribed in legislation, be strictly proportionate, and be applied in a non-discriminatory fashion; • Any restrictions on the rights of peaceful protest or freedom of speech by members of the armed forces should be prescribed in legislation, be strictly proportionate, and be applied in a non-discriminatory fashion. 80  Vereinigung Demokratischer Soldaten Österreichs and Gübi v. Austria, European Court of Human Rights, 18 December 1994, European Human Rights Reports, Vol. 20, 1995, p. 56. 81  Grigoriades v. Greece, European Court of Human Rights, 25 November 1997, European Human Rights Reports, Vol. 27, 1997, p. 464. 64 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel