Collecting Signatures Demanding Freedom for Öcalan Falls Within Freedom of Expression

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The Constitutional Court has ruled that demanding freedom for Abdullah Öcalan, the imprisoned leader of the outlawed Kurdistan Workers' Party (PKK) falls within freedom of expression.

Two people had been sentenced to 10 months in prison for "propagandizing for a terrorist organization" over a campaign where they gave out forms with Öcalan's pictures, the Mezopotamya Agency reported.

On February 6, 2015, Berrin Baran and Muzaffer Özbek opened a stand as part of the campaign where they demanded freedom for Öcalan and political prisoners. The forms they gave out were confiscated by the police upon an order by Tekirdağ 2nd Penal Court of Peace.

The text opened for signature was entitled, "Signature Form for Freedom for Abdullah Öcalan," and read that "I support the demand for freedom for Abdullah Öcalan and political prisoners in Turkey. The freedom of Öcalan would be the most important step for the democratization of Turkey and the peace process in Kurdistan."

A lawsuit was filed against Eker and Özbek, two members of the Peace and Democracy Party (BDP), for terrorist propaganda. On May 5, 2015, Diyarbakır 4th Heavy Penal court sentenced them to 10 months in prison, deferred the announcement of the judgment.

An appeal by attorney Gülşen Özbek was rejected by Diyarbakır 5th Heavy Penal Court.

Application to the Constitutional Court

Özbek then applied to the Constitutional Court on the grounds that her clients' "right to freedom of thought and expression was violated."

In its defense statement, the Ministry of Justice said that "activities that present terrorism, terrorist acts, leaders, executives, and the purpose and instruments of terrorism as legitimate should not be considered within freedom of expression."

The Constitutional Court, citing European Court of Human Rights (ECtHR) decisions, unanimously ruled that the applicants' right to freedom of thought and expression was violated. It sent the case to Diyarbakır 4th Heavy Penal Court for a retrial.

The verdict

The top court stated in the verdict that "The first instance court, without citing another reason, determined that the applicants collected signatures with a form that has a picture of Abdullah Öcalan and decided that the mentioned act constitutes the offense of propagandizing for the PKK armed terrorist organization."

The court, however, did not make any evaluations about why the forms with Öcalan's picture encourages people into violence and legitimized and praised the methods of violence and threat, the Constitutional Court noted.

The conviction of the applicants because of the picture of Öcalan on the forms was not a "pressing social need," it further stated.

"For the reasons explained, it was concluded that the intervention in question could not be regarded as an intervention conforming to the requirements of the democratic social order. Accordingly, freedom of expression, which is guaranteed in Article 26 of the Constitution, has been violated." (EKN/VK)