The Supreme Court of Appeals asked for the retrial on grounds of the amended Turkish Penal Code (TCK). A local court had previously tried Caglayan under the Political Parties law.
"I was sentenced for using that expression at the demonstration organized by HADEP (People's Democracy Party) in March 2004," Caglayan, who attended the demonstration as DEHAP (Democratic People's Party) deputy head, told Bianet. "I used that expression because most of the demonstrators were women who did not speak Turkish."
Caglayan said she delivered the rest of her speech in Turkish, in accordance with article 58 of the Political Parties law, which bans the use of any language other than Turkish in election campaigns. "I just greeted the women in their own language before beginning my speech," Caglayan added.
She said the local court charged and convicted her for violating article 58 of the Political Parties Law. "Leaving aside my political identity, as a women's rights activist, and as a human being, I thought such a greeting was necessary," said Caglayan. The party's Sanliurfa branch head was also sentenced to six months in prison and was fined 414 new Turkish liras (310 USD) for the speech he delivered at the same demonstration.
Caglayan argued that the retrial decision was an obstacle in front of the freedom of thought and expression, the right of women to participate in the political process and to be elected, and democratization in general. (AD/EA/YE)