The Ankara 28th Court of First Instance on Wednesday agreed with the prosecutor's opinion asking for the defendants to be acquitted and passed a judgement dropping the case against the suspects under article 301/2 of the Turkish Penal Code and acquitting them under article 216/1.
Kabaoglu and Oran were put on trial six months ago charged with "public humiliation of the courts authority" and "dangerous incitement of public hatred and enmity" facing between 18 months and 5 years imprisonment.
301 charge dropped, 216 acquits
In the second hearing of the case on April 10, acting under a Ministry of Justice report saying there was no need for permission to be granted in the case to investigate charges of "public humiliation of the courts authority" the trial on article 301 had been halted.
In this hearing the court dropped 301 charges altogether and decided to acquit the suspects under 216 on grounds the conditions of an offence had not taken shape.
Previously Prof. Dr. Oran had reacted to the court calling over 30 witnesses in their case asking the judge, "even if all of of the witnesses testify against us, under which article of the penal code will you sentence us?"
"Even if it was to result with acquittal, after what has happened to people who have been asked to prepare an official report, from which expert are you going to ask for reports? Which expert will write a report for you after all of this?" Oran had questioned.
Prof. Dr. Kaboglu said that with this case Turkey and the concept of "Turkishness" referred to in the report was being tried and added, "at the stage this affair has reached with the trial, it is an intervention into the freedom of expressing opinions and an indicator that Turkey's problems are being covered by a shawl."
The investigation against Kabaoglu had led to European-wide reaction from universities and other circles, including a statement signed by over 1,200 in protest of the proceedings.(EO/II/YE)
