The Constitutional Court has ruled in favor of Abdurrahim Kılıç, who was previously convicted for wearing a t-shirt with the word "Kurdistan" and the Mesopotamian Sun emblem, deemed by lower courts as ‘terrorist propaganda.’
Kılıç's legal troubles began when he was charged for donning the t-shirt, which featured ‘Kurdistan’ written between red and green stripes and the Mesopotamian Sun emblem, currently used as the flag of the Kurdistan Regional Government in Iraq. In 2016, the Midyat Heavy Penal Court found him guilty of ‘terrorist propaganda,’ imposing a fine of 7,300 liras.
This conviction was upheld by the Court of Cassation in 2021, leading Kılıç to file an individual application to the Constitutional Court. On June 12, the top court ruled that Kılıç's right to freedom of expression, protected under Article 26 of the Constitution, had been violated.
Previous rulings
The Constitutional Court referenced previous rulings in its decision, including cases involving academic Füsun Üstel and pro-Kurdish politicians Sırrı Süreyya Önder, Ömer Faruk Gergerlioğlu, and former HDP Co-Chair Figen Yüksekdağ, all of which underscored the importance of freedom of expression.
In its detailed judgment, the court criticized the lower court’s lack of justification for Kılıç's conviction, noting that the ruling failed to explain the significance of the symbols on the t-shirt or their purported connection to any terrorist organization. Furthermore, the court pointed out that there was no assessment of how wearing the t-shirt incited violence or threatened public order.
The ruling stated: “The lower court convicted the applicant solely based on the presence of the word 'Kurdistan' and the Mesopotamian Sun emblem on the t-shirt, without explaining their meanings, connections to any terrorist organization, or potential to incite violence.”
As a result, the Constitutional Court not only overturned Kılıç's conviction but also ordered a retrial and awarded him 10,000 liras in non-pecuniary damages. (RT/VK)
