The decision for “Freedom to Öcalan” by the Constitutional Court

2020-01-31 19:31:26


	DİYARBAKIR – The Constitutional Court has made the decision that to demand the freedom of the PKK Leader Abdullah Öcalan, to organize written campaigns for that and to use Öcalan’s images in the forms of the campaigns are “in the scope of the freedom of thought and expression”.

	The Constitutional Court (AYM) has given a decision that to give the penalty of 10-month of prison based on “propaganda for an organization” accusation to 2 persons who was handing out forms on February 2015, including some Öcalan’s photographs as part of a campaign demanding freedom for PKK leader Abdullah Öcalan, was a “violation of freedom of thought and expression.

	The used campaign forms in subject of the accusations was titled as “The Signature Form for the Freedom of Abdullah Öcalan” with the photos of Öcalan. In addition, in the form there was a written statement as follows: “I support the demand that Abdullah Öcalan and the political prisoners shall be free. The freedom of Öcalan is a significant step towards the democratization of Turkey and the peace process in Kurdistan.” The forms of the two person who opened this form for people’s support and signatures, Berrin Baran Eker and Muzaffer Özbek, were confiscated by the court.

	FIRST DEGREE COURT GAVE 10 YEARS OF PRISON

	In the trial that has been conducted on the Diyarbakır 4th Assize Court, Eker and Özbek was sentenced to 10-months of prison by the accusation of “propaganda for an organization”. On this decision of imprisonment, a deferment of the announcement of the verdict was given. And the refusal application of the lawyers of the applicants to the Constitutional Court was rejected by the Diyarbakır Court.

	MINISTRY OF JUSTICE REQUESTED THE REJECT OF THE APPLICATION

	So, as the way to individual application to Constitutional Court opens, applicants’ lawyer Gülşen Özbek, issued the application to the Constitutional Court by the excuse that “the freedom of thought and expression was violated.”

	On the other hand, the Ministry of Justice claimed the following in their defense sent to Court: “The actions which would make the terroism and the act of terror, their leaders, their managers, their aims and tools look legitimate, shall not be evaluated under the scope of the freedom of thought and expression.”

	‘THE CONVICTION IS AN INTERVETION TO THE DEMOCRATIC ORDER OF SOCIETY’

	The Constitutional Court who has evaluated the coniction decision of Diyarbakır Court in term of national law and European Union legislation has decided that the right of the freedm of thought and speech of the applicants were violated. The Constitutional Court also referred in their decisions, to the decisions of European Court of Human Rghts.

	The below statement took place in the decision:

	“The first degree court has only identified the signature forms with the photos of Abdullah Öcalan and they have immediately concluded that this was a propaganda of weaponized terror organization PKK. Nevertheless, it is not clearly seen that the photos in subject are neither directly linked with motivating, legitimizing or appraising the violence nor they caused a certain kind of danger... As a result, by considering the questions addressed above in particular, the causes for the decision of conviction are not as related or sufficient for the conviction. Therefore, a conclusion is drawn that the explained causes for the conviction are not in a fitting manner with the democratic order of the society. According to this, the freedom of expression, which is secured under the article 26 of the constitution, has been violated.

	THEY WILL GO TO TRIAL AGAIN

	The Constitutional Court has rejected the demand of compensation and has sent the case file back to the Diyarbakır 4th Assize Court so that Eker and Özbek could stand up before the judge again.