An Acquittal in Article 301: A Ray of Light?

The Tunceli Criminal Court of Peace in eastern Turkey has followed a decree by the Supreme Court of Appeals and has acquitted Mehmet Hanefi Bekmezci, the former branch president of the education trade union Egitim-Sen.

If there is no objection to yesterday’s (19 February) decree by the Tunceli court, then this would set a precedent for cases under Article 301, which has been used to try over 100 people, including journalists, writers and trade unionists.

The government has often rejected calls by NGOs and rights activists for amendment or abolition of Article 301 by saying that there should first be a case law. This has been the first time that the Supreme Court of Appeals has decreed for acquittal, thus setting a precedent. 

Trade union statement about fascist attacks 

On 29 September 2005, Bekmezci had read a statement in the name of Egitim-Sen. In the statement he spoke about Hasan Sahin, who was killed in Tunceli, and taxi driver Hasan Akdag who was killed by a police officer. He argued that, after these events, there was a spate of random detentions in Tunceli, and that press statements referring to them were being obstructed.

He also said, "On the command of the General Staff, civilian fascist powers were mobilised and the planned lynching attempts and attacks in several parts of our country are still fresh in our memory."

Bekmezci was then sentenced by the Tunceli Criminal Court of Peace, which cited Article 301 (“denigrating the armed forces and police organisation of the Turkish Republic”) and sentenced him to five months in prison, later converted to a legal fine.

Successful appeal 

Bekmezci's lawyer Baris Yildirim appealed, citing decisions by the European Court of Human Rights.

On 6 November 2007, the 9th Penal Chamber of the Supreme Court of Appeals found Bekmezci’s objection justified and decided to overrule his sentence, arguing that the statement he had read was “intended as heavy criticism” and did not represent a crime. Citing Article 223/2 of Criminal Procedure Law, the court acquitted him.

Proceedings against Yildirim dropped under same article 

This is the second positive decision taken in Tunceli concerning Article 301. On 8 February, the Tunceli Chief Public Prosecution decided to drop proceedings against lawyer Baris Yildirim, a representative of the Human Rights Association, arguing that “an opinion representing a criticism cannot represent a crime.” (EÖ/TK/AG)