ECtHR: Prison sentence over Newroz speech violated freedom of expression

The European Court of Human Rights (ECtHR) has concluded that the freedom of expression of Halil İmrek has been violated as he was sentenced to prison over his Newroz speech in Adana province in 2016.

Ayça Söylemez

ECtHR: Prison sentence over Newroz speech violated freedom of expression

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The European Court of Human Rights (ECtHR) has handed down its judgement regarding the prison sentence given to Halil İmrek over his speech during Newroz celebrations in Adana province in 2016.

The court has concluded that the prison sentence in question has violated the freedom of expression of the journalist.

On March 18, 2006, when he was an executive of the Labor Party (EMEP), journalist Halil İmrek attended the Newroz celebrations in Adana.

In April 2006, he was taken into custody on charge of "propagandizing for a terrorist organization." His attendance at Newroz celebrations and his speech in Osmaniye a day later on March 19 were cited as criminal evidence against the journalist. He was then arrested and sent to prison.

In the lawsuit that was filed a month later, he was put on trial on the charged offense of "propagandizing for a terrorist organization" as per the Article 7/2 of the Anti-Terror Law (TMK). Released in July 2006, İmrek was sentenced to 1 year in prison at his final hearing on September 16. His prison sentence was upheld by the Court of Cassation in January 2012.

In response, İmrek applied to the ECtHR, indicating that his freedom of expression had been violated. In his judgement dated November 10, 2020, the ECtHR has concluded that his freedom of expression guaranteed by the Article 10 of the European Convention on Human Rights (ECHR) has been violated. Turkey will pay İmrek 5 thousand Euro in non-pecuniary damages.

What is Newroz?

Newroz refers to the celebration of the traditional Iranian peoples' New Year holiday of Nowruz in Kurdish culture. Before the Islamization of the Iranic peoples in Asia, the ancestors of the modern Kurds followed Zoroastrianism. In Zoroastrian doctrine, fire is a symbol of sight, goodness and purification. Angra Mainyu, the demonic antithesis of Zoroastrianism, was defied by Zoroastrians with a big fire every year, which symbolized their defiance of and hatred for evil and the archdemon.

Newroz is mainly, in the modern age, affiliated with Kurds, who in turn make up the majority of the Alevi population, an Islamized version of the Zoroastrian religion. In Kurdish legend, the holiday celebrates the deliverance of the Kurds from a tyrant, and it is seen as another way of demonstrating support for the Kurdish cause.

The celebration coincides with the March equinox which usually falls on 21 March and is usually held between 18 and 24 March. The festival has an important place in terms of Kurdish identity for the majority of Kurds, mostly in Iraq, Turkey and Syria. Though celebrations vary, people generally gather together to welcome the coming of spring; they wear coloured clothes and dance together.

*Source: Wikipedia

(AS/SD)

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