Press Council: Verdict on Kaftancıoğlu will be Remembered with Regret

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Press Council of Turkey has released a statement about main opposition Republican People's Party (CHP) İstanbul Provincial Organization Chair Canan Kaftancıoğlu, who has been sentenced to 9 years, 8 months in prison due to her social media messages from six years ago.

CLICK - Kaftancıoğlu Sentenced to 9 Years, 8 Months in Prison

'Criticisms cannot be regarded as insults'

Indicating that "courts have to take the judgements of the Constitutional Court and international bodies, primarily those of the European Court of Human Rights (ECtHR), into consideration in such issues", the Council has underlined that "criticisms cannot be regarded as insults".

"Besides, it is known that when the charges of insult are concerned, politicians' rights to criticize and their obligations to bear criticisms are much wider", the Council has emphasized further.

'Conviction with abstract considerations'

Referring to the related provisions of domestic and international law, the Council has stated, "As per the Article 7 of the Anti-Terror Law (TMK), which governs terror propaganda, 'statements that do not incite violence are within the scope of freedom of expression'.

"According to the judicial opinions of the ECtHR and Constitutional Court, the words of a person should directly incite violence and be uttered with such intention in order to convict him or her on charge of terror propaganda.

"If such abstract considerations and contemplations like 'some statements serve the purposes of terrorist organizations' had been true, they still could not be a reason for conviction".

'There is a move away from a democratic state of law'

Referring to the condition that an action can be convicted for inciting the public to enmity and hatred only if it poses an open and close risk to the public security, the Press Council has underlined, "It needs further explanation where and how the tweets posted years ago produced an effect that the court has given a sentence for them".

Reminding the public that the tweets in question were posted years ago, known by the public and verdicts of non-prosecution were given for some of these tweets, the Council has said, "It is difficult to understand why the tweets have become a subject of trial and penalty today".

"This verdict that overlooks the fundamental legal principles indicates a move away from a democratic state of law respectful for human rights", the Council has indicated further.

'It will harm the law and democracy'

Concluding the statement, the Press Council has said:

"These verdicts, which will damage the international prestige of Turkey for today, will also bring about a bigger responsibility in international judiciary.

"Just like several other verdicts that we described and criticized as 'conjectural' in the past, this verdict will also be remembered with regret for Turkey in the future. It will do nothing but harm the law and democracy of our country". (RT/SD)

* Photograph: AA