ECtHR: Freedom of Expression of Demirtaş Violated

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The European Court of Human Rights has concluded the application of Selahattin Demirtaş on the grounds that his freedom of expression was violated.

The court concluded that Turkey violated Article 10 of the European Convention on Human Rights which guarantees the freedom of expression and shall pay 2,500 euros to Demirtaş for non-pecuniary damages. It will also pay the court costs which amount to 1,000 euros.

Attorneys of Demirtaş made an application to the ECtHR on February 19, 2019, demanding that the requests that were found unacceptable, rejected or not examined in the previous ECtHR verdict on another application by Demirtaş.

Demirtaş has been imprisoned at the Edirne Type-F Prison since November 24, 2016. He was sentenced to 4 years and 8 months in prison by the İstanbul 26th Heavy Penal Court for the speech he made in Newroz celebrations on March 17, 2013, and the sentence was approved by the İstanbul Regional Court of Justice 2nd Penal Chamber. The appeal to this verdict is now at the Constitutional Court.

What happened?

Demirtaş's application to the ECtHR was about the allegations regarding a statement he made to a TV channel. On December 20, 2005, the Diyarbakır Chief Public Prosecutor's Office filed an indictment against him for "terrorist propaganda." Demirtaş was the chairperson of the Human Rights Association Diyarbakır Branch and the spokesperson of the Diyarbakır Democratic Platform.

The Diyarbakır 5th Heavy Penal Court found Demirtaş guilty on September 28, 2010, and sentenced him to 10 months in prison, postponing the sentence.

The court said in its verdict that the words of Demirtaş "cannot be considered within the scope of freedom of expression." Demirtaş made an application to the ECtHR after the Supreme Court of Appeals approved the verdict.

He said in his application that his rights to freedom of thought (ECHR Article 9) and freedom of expression (ECHR Article 10) are violated.

The ECtHR said in today's (July 10) decision that Demirtaş expressed his thoughts to the public and when his words are examined in detail, it is seen that there is no "call or encouragement for violence, armed insurgency" and "hate speech."

The ECtHR, for this reason, concluded that the punishment of Demirtaş is not necessary in a democratic society and his freedom of expression is violated. (AS/VK)