Judges at the Appeals Court 4th Department of Law voted three against two for the sentence against Turker to be quashed, concluding that it was a right to criticize the PM even if the criticism itself was harsh.
Erdogan had filed a libel suit against the author for a June 28, 2004 article in the newspaper titled The Streets Will Win. The Ankara 7th Court of First instance sentenced Turker to pay damages to the Prime Minister.
The Appeals Court verdict this week stressed that the constitution and laws guaranteed the freedom of press in Turkey and that the intention of this guarantee was for the society to live in a more healthy, satisfactory and secure environment. It pointed out that this could only be achieved with the people being informed of issues in the society and issues that interest the society.
"Because of this said the court decision, it is necessary in solving cases such as this to stipulate a different criteria, to follow a different method in evaluating acts that in general conditions are contrary to law. In conditions where a behavior outside of the scope of the press is accepted to be contrary to law, an act committed through the press may not itself be contrary to law.
The decision said the interests of the public were the primary criteria in the freedom of press and said that when Turkers article was evaluated in its totality, it could be seen that the complainant (Prime Minister) was not acting with tolerance and prudence in view of some questions, criticism, demands and demonstrations from the society.
"The complainant, other than being a party leader, is the Prime Minister of the Republic of Turkey. His behaviour in view of social and individual demands can be debated in front of the public and can be criticized even if severely. It is among the constitutional rights of the press to criticize.
Erdogans lawyer has the right to ask the decision to be reviewed and the verdict to be corrected in which case the same department will have to review it. If the request is rejected, the file will then go to a local court. If the court itself insists on its initial verdict, the case will then go before the Court of Appeals General Commission of Law. (EO/II/YE)
