ECHR Faults Turkey in Azadiya Welat Case

In 2002, Turkey sentenced Mehmet Nuri Karakoyun and Mehmet Salih Turan, the owner and editor of the Kurdish language Azadiya Welat newspaper respectively, for giving space to PKK leaders and human rights activists.

Now the European Court of Human Rights (ECHR) has found Turkey in the wrong.

"Unnecessary" and "disproportionate

The Istanbul State Security Court handed out a fine on 10 May 2002, citing Article 6/2 of Anti-Terrorism Law No. 3713, which forbade "publishing statements of a terrorist organisation." In addition, the State Security Court had handed out a one-week printing ban for the newspaper.

The ECHR decreed that such a punishment was "unnecessary in a democratic society." The court decreed unanimously that the freedom of expression had been violated and awarded each of the two plaintiffs a total of 3,462 Euros, of which material damages are 162 Euros, damages for mental anguish are 1,500 Euros, and 1,800 Euros are for legal expenses.

On 1 September 2001, the newspaper had published a picture of PKK leader Abdullah Öcalan and had subtitled it: "We take the base of rights as his own culture and life. Democracy and peace cannot be together unless identiy and cultures are accepted."

In addition, the same newspaper issue reported on a meeting for Peace Day which had been forbidden. The article was entitled "Peace comes with mass action" and had a picture of Osman Öcalan, the brother of Abdullah Öcalan next to it.
The news item, which collected several news items from the Internet, also cited the pro-Kurdish Democratic People's Party (DEHAP), the Human Rights Association (IHD) and various singers. Another article was about a book by Halil Uysal.

The ECHR emphasised that freedom of expression could not be used as a channel to publish violent ideas, but that the printing ban and fine were "disproportionate".(EÖ/TK/AG)
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