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The Constitutional Court has announced its judgement in the lawsuit filed against three university students who chanted the slogan "Murderer police will be brought to account" while being taken into custody in an operation conducted after May 1 demonstrations in 2012.
The court has ruled that freedom of expression of the students has been violated since they were penalized on charge of "insulting public officers due to their duty" for having chanted the slogan.
In its justified ruling published on the Official Gazette today (March 13), the Constitutional Court found that the slogan in question "did not target the personal honor or reputation of the police officers." The court also added that the slogan was uttered with the intention of criticism.
'Murderer police' slogan found insulting by court
Police officers from the İstanbul Provincial Security Directorate launched an operation regarding the May 1 protest demonstrations on May 14, 2012 and raided the Sharing and Solidarity Association's office in Kadıköy, İstanbul.
Three university students at the age of 19 and 20 were detained during the operation. While being taken into custody, the students chanted the slogans, "Murderer police will be brought to account", "We will win by resisting" and "Pressures cannot intimidate us." After police officers filed a criminal complaint, an investigation was launched against the students.
Announcing its ruling on May 13, 2014, the İstanbul 36th Penal Court of First Instance ruled that the students should each be sentenced to 13 months, 3 days in prison for "insulting public officers due to their duty" and to 7 months, 15 days in prison for "resisting commissioned officers to prevent fulfilment of their duty". The announcement of both verdicts was suspended.
After their objection to the ruling was rejected by the İstanbul Anatolian 3rd Heavy Penal Court, the students appealed to the Constitutional Court.
"No satisfactory justification for prison sentence"
In its justified ruling, the Constitutional Court has ruled that "freedom of expression as guaranteed by the Article 26/1 of the Constitution has been violated with regards to insulting public officers due to their duty."
Underlining that "there was no satisfactory explanation" regarding the prison sentences given to the students, the court has further stated,
"Slogans were chanted during the process of detention. Therefore, it has been found that the slogan of 'Murderer police will be brought to account', which has a disturbing content, was chanted - from the perspective of the applicants - with the intention of criticism."
"They didn't target officers' personal honor, reputation"
In its justified ruling, the Constitutional Court has also concluded,
"It is also questionable whether the slogans which led to their penalization targeted the police officers on duty.
"Slogans chanted by repeating fixed slogans are frequently used by groups holding mass demonstrations when they face law enforcement officers.
"Within this context, this slogan has been found general qualified and it has been concluded that it did not target the personal honor or reputation of the commissioned officers." (AS/SD)
