The Free University (Özgür Üniversitesi), a critical programme organised by the Turkey and Middle East Forum Foundation, has criticised the decision of the Supreme Court of Appeal's plenary assembly, the YGHK, to accept insults directed at Prof. Dr. Baskın Oran and Prof. Dr. İbrahim Kaboğlu as freedom of expression.

Academics prosecuted

The two academics have become public targets after being prosecuted under Article 301 for allegedly denigrating the Turkish state. They had put forward the concept of "Türkiyelik", i.e. citizenship of Turkey without the ethnic connotations of "Türklük", i.e. Turkishness in a minority rights report written for the Prime Ministerial Office.

Freedom for insults

Servet Kabaklı, a journalist for the Tercüman newspaper, published an article entitled "Shame on those who let them talk and listen to them" on 22 October 2004. In the article, he denoted the two academics as "poodles", "stupid persons getting by with cleverness" and "registered traitors".

The Ankara 2nd Civil Court of First Instance had ordered the journalist to pay compensation to the two academics, but the YHGK overruled this decision with 33 to 20 votes on 3 June.

Members of the Free University have now organised a support campaign for the two academics, saying that "insults, swearing and threats including violence" cannot be accepted as freedom of expression.

"Judiciary system has been injured"

The campaign letter reads:

"We, the undersigned, believe that this decision, which came from the highest level of the judiciary has deeply injured the Turkish judicial system and seriously damaged our, the citizens', trust in the law, cannot be ignored.

We announce that we definitely and completely agree with the article by Prof. Baskın Oran below and that we are determined to defend the judiciary system from such decisions and judges."

Supporters of the campaign have been asked to add their signatures by email, writing to ozguruniversite@ozguruniversite.org.

Oran had written an article in the Radikal newspaper's supplement Radikal 2, reacting to the YHGK's decision. In the article entitled "Open letter to some judges", he said: "I am desperate. In this country, I have no other option but to leave you with conscience that all humans are born with. My only option is to apply to the European Court of Human Rights. That in itself is a reason for sorrow."

Prof. Dr. İbrahim Kaboğlu also signed the article. (EÖ/AG)