ECtHR Condemns Turkey Over Book Telling Enforced Disappearance

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The lawsuit brought against the book, which is about Özgür Gündem’s correspondent to Urfa19-year-old Nazım Babaoğlu who was disappeared in 1994 in Siverek, was convicted in the European Court of Human Rights (ECtHR) of “violating freedom of expression”.

The book titled “Kayıpsın Diyorlar” (They Say You’re Missing) written by Ali Aydın was published by Aram Publication in 2004, and a lawsuit was brought against Fatih Taş, who was then-owner and published of the publication house.

Turkey will pay 2 thousand 500 Euros immaterial compensation to Fatih Taş.

Taş was convicted of “insulting the state”

Fatih Taş was tried over this book on charge of “Openly insulting the Republic of Turkey”.

İstanbul 2nd Criminal Court of First Instance found Taş guilty and sentenced him to 6 months in prison on October 20, 2005.

Fatih Taş’s penalty was turned into 1,650 TL. Taş objected to this decision as well and his objection was overruled on the ground that the objection was prescribed. Taş went to the ECtHR upon that decision.

“The book contains public interest”

The court also stated that the book contains “public interest”.

“The Court also found that the passages from the book complained of had in no way been ‘gratuitously offensive’ or insulting and that they had not incited to violence or hatred, which in the. Court’s view was the essential element to be taken into account”, the court ruled. (AS/TK)