FREEDOM OF THOUGHT
Court Ruled: Freedom of Speech Instead of Forbidden Propaganda
A Diyarbakır Court acquitted Diyarbakır Metropolitan Mayor Baydemir and decreed that his reference to the PKK as the "armed Kurdish opposition" accounts for a basic element of freedom of expression. The court emphasized that it ruled on the base of the constitution.
The Diyarbakır Metropolitan Mayor Osman Baydemir was acquitted by the Diyarbakır 6th High Criminal Court. Baydemir had been on trial because of referring to the militant Kurdistan Workers' Party (PKK) as the "armed Kurdish opposition".
The court based its decision on the following words of former president Ahmet Necdet Sezer: "Freedom of thought and the free declaration of a person's thought may not be prosecuted because of thoughts and opinions".
"Nobody shall be accused on account of his or her thoughts"
The decision also refers to article 25 of the Turkish Constitution on freedom of thoughts and opinion: "Everyone has the right to freedom of thought and opinion. No one shall be compelled to reveal his thoughts and opinions for any reason or purpose, nor shall anyone be blamed or accused on account of his thoughts and opinions".
Mayor Baydemir had been accused for "spreading propaganda of an illegal organization" because of his announcement on the Kurdish television channel ROJ TV in 2007. He was tried un-detained in the context of article 7/2 of the Anti-Terror Law.
Also tried for glorifying crime
Baydemir is also accused of "glorifying crime" together with another 53 mayors from the pro-Kurdish Democratic Society Party (DTP) because they said they expected an announcement regarding allegations that PKK leader Abdullah Öçalan had been poisoned in prison.
According to the Turkish Criminal Code (TCK), the DTP mayors face prison sentence of up to 2 years. The case is pending before the Diyarbakır 5th High Criminal Court. (EÖ/VK)
- Acquittal In Kurdish Brochure Trial[01 July 2008]
- Baydemir: "Proof of Discrimination" in Diyarbakir[05 September 2007]
- Mayor Acquitted as DEHAP Faces New Court[28 September 2006]
- Baydemir Faces 2 More Charges[01 June 2006]
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- ARRESTED STUDENTS: "Arrested for Writing on the Walls" [30 May 2012]
- ULUDERE MASSACRE: Uncertainty on Uludere Documents [30 May 2012]
- Again the Same Combination: The Banner and the Prison [18 April 2012]
- AMNESTY INTERNATIONAL REPORT 2012: “Promised Legal Reforms did not Occur in Turkey” [25 May 2012]
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