“Pouring Paint on Atatürk Bust is Within FoE”

The European Court of Human Rights ordered Turkey to pay 26,000 euros to Murat Vural who was convicted of pouring paint on Atatürk statues to 22.5 years of prison in 2005. 

The court noted moreover that the Turkish legislation contains no express provisions categorizing or specifying offenses for which disenfranchisement is foreseen and that the automatic and indiscriminate application of this “harsh” measure in Turkey regarding a vitally important Convention right does not fall within any acceptable margin of appreciation. 

ECHR: Excessive punishment

The court held unanimously that there has been a violation of Article 10 and Article 3 of Protocol No. 1 of the Convention. 

It also noted that the reduction of sentence to 13 years didn’t alleviate the excessive nature of the punishment. 

Vural argued that he had carried out his actions with a view to expressing his dissatisfaction with those running the country in accordance with the Kemalist ideology, and to criticizing the Kemalist ideology itself.

On February 5, 2007, he was deprived of his electoral rights for 11 years, until 22 October 2018.  On 11 June 2013 the applicant was released conditionally.

“Automatic” restriction not compatible 

ECHR pointed out that the rights guaranteed by Article 3 of Protocol No. 1 to the Convention are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law; a general, automatic and indiscriminate restriction on the right to vote applied to all convicted prisoners serving sentences is incompatible with that Article. 

Entering into force 31 July 1951, the Law on Offenses Committed Against Atatürk imposes sentences for anyone who demolishes, breaks, ruins or dirties a sculpture, statue, monument or the mausoleum of Atatürk, shall be liable to imprisonment for a term of between one and five years. 

Latest bust and statue attacks

On the morning of October 13, unidentified individuals attacked an Atatürk bust in Izmit’s Avicenna Religious School. 

On the night of September 24, an Atatürk statue was burnt down at a park in Cizre district.  

On August 20, an Atatürk bust has been damaged after the removal of PKK co-founder Mazlum Korkmaz in the southeastern district of Lice. (EÖ/AS/BM)

* Click here to read the article in Turkish.