FREEDOM OF EXPRESSION
Acquittal for Calling PM Edoğan a "Murderer"
The Magistrate Criminal Court in Tunceli in eastern Turkey did not account the term "Murderer Erdoğan", used in the context of a protest against military operations in northern Iraq, as a criminal offence.
Kazım Tosun and Ufuk Kalanç stood accused of "insult" by reason of a leaflet distributed at the press release of a protest action against the decision for the military operation in October 2008.
Lawyer Barış Yıldırım emphasized at court that the statement on the leaflet should be assessed within the scope of freedom of expression and referred to relevant decisions by the European Court of Human Rights (ECHR). The ECHR previously accepted harsh criticism on politicians as part of freedom of expression.
Yılıdrım told bianet that he reminded the court of the case of Ekrem Pakdemirli, who was sentenced by Turkey for calling former President Süleyman Demirel "the fat guy from Çankaya" but later on won his case at the ECHR.
The court acquitted Tosun and Kalanç on 11 March and left the declaration of the reasons for the judgement for later. It court finally stated that "it was understood that the event was carried out on legal grounds despite the actions done by the defendants". However, the court decreed to confiscate the remaining 184 leaflets.
The same court had acquitted Democratic People's Party (DEHAP) Tunceli Chair Murat Polat who stood trial under allegations of having insulted Gendarmerie Regiment Commander Namık Durusun in November 2009.
The Kadıköy (Istanbul) 4th Magistrate Criminal Court of Kadıköy on Istanbul's Anatolian side had decreed the acquittal of Alper Ateş in the first hearing held this March. Ateş was facing imprisonment of up to two years on the grounds of addressing Prime Minister Recep Tayyip Erdoğan with the curse "Tayyip, God damn you!". (TK/VK)