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Yavuz Baki participated in the Saturday Mothers/People demonstration 5 years ago and then "caught" on the İstiklal Avenue in Taksim, İstanbul. He was wearing a yellow-red-green necklace.
He stood trial charged with "making propaganda for a terrorist organization" according to article 7/2 of the Anti-Terror Law (TMK). He was acquitted by the local court on grounds that "there was no crime."
However, in the appeals court where the file ended as a result of the objection by the prosecutor, he was sentenced to 10 months of imprisonment.
He appealed to the Court of Cassation which reversed the judgment on grounds of related criteria of the European Court of Human Rights.
When is an act a terrorist propaganda crime?
The Court of Cassation judgment is reminding that article 7/2 of TMK was amended on April 11, 2013, and brought in compliance with the ECtHR criteria in this last version of it.
Accordingly, the act of "making propaganda of a terrorist organization" will be a crime when it is realized "in a way to justify or to praise its methods of using force, violence or intimidation or to encourage the use of such methods."
"Prison sentence on illegitimate grounds"
The Court of Cassation also included the definition of the word "propaganda" in its judgment, quating from the Turkish Language Institution (TDK).
The judgment said that it was illegal that Baki should be given a prison sentence.
"The act of the suspect of wearing the necklace mentioned in the indictment, ... is not of a quality to justify or to praise methods of using force, violence or intimidation or to encourage the use of such methods" and therefore the prison sentence has been given on illegitimate grounds which is a violation of the law..."
What happened?
Yavuz Baki participated in the Saturday Mothers/People demonstration on February 18, 2017, in front of the Galatasaray High School in Taksim, İstanbul.
According to the indictment "it was identified by the security forces that Baki participated in the demonstration wearing a necklace with the emblem of the YPG Terrorist Organization."
"Necklace captured"
Baki participated in two other protests and was later stopped by the police and body searched. It was stated in the indictment that "the necklace was captured." He was released after giving a statement but later a case was opened where he was charged with "making propaganda for a terrorist organization."
Baki said in his defense, "I bought this necklace in July 2016. I always wear accessories as you can see now also. And I bought that necklace from a normal shop. If it is illegal its sales should be prevented. I have no connections with any terrorist organization. I deny the accusations."
The Court of Cassation announced reversing of the prison sentence judgment on October 13, 2022. (AS/PE)
