The European Court of Human Rights (ECHR) has reached the verdict that academician Mustafa Erdoğan and Liberal Düşünce journal publisher Haluk Kürşad Kopuzlu have been unlawfully condemned to restitution.
After penning an article criticizing the Constitutional Court’s operations regarding the dissolution of political parties in 2001 for publication in a quarterly journal, constitutional law professor Erdoğan, along with Kopuzlu had been sentenced to pay restitution to three members of the Constitutional Court of Turkey.
“An academician must freely express thoughts”
Emphasizing that legal operations and practices are important topics in terms of public welfare, ECHR stated, “The article subject to accusation written by a university scholar contributed to a broad discussion environment. The piece on Constitutional Court’s contested decisions on certain issues corresponded to the public’s legitimate curiosity to be informed.”
ECHR underscored the importance of academic freedom, remarking, “This freedom is not limited to university or scientific research, but encompasses the free expression of teaching faculty in their own fields of expertise, even if this is be the subject of a polemic or not at all popular.”
Restitution to be returned, and 7,500 Euros in punishment
Declaring that, “Just like other public institutions, courts are not exempt from criticism,” ECHR deemed Erdoğan’s expressions, “grounded in a sufficient factual basis,” and “exemplary of common value judgments.”
ECHR found to be insufficient authorities’ justifications that the intervention in Erdoğan’s freedom of expression was necessary for a democratic society. Turkey will pay back the academician restitution in Euros equal to the amount he paid the three Constitutional Court members, F.K., M.Y.A., and M.B.M., and 7,500 Euros (approximately 21,000 TL) in respect of non-pecuniary damages. (EÖ/PU/BM)
* Click here to read the article in Turkish.
