ECtHR: Attending Funeral Not Crime, But Within Freedom of Expression

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The European Court of Human Rights (ECtHR) has announced its decision on the application of the former mayor of Batman, Nejdet Atalay, who was given a prison term for attending a funeral and demonstrations after that.

The court ruled that Turkey violated the freedom of expression and shall pay 7 thousand Euro for material and non-pecuniary damages.

Diyarbakır Chief Public Prosecutor's Office had launched an investigation against Atalay for attending the funeral of the four Kurdistan Workers' Party (PKK) members and demonstrations on March 28, 2006.

Atalay was sentenced to 10 months in prison for "propagandizing for the PKK" on March 11, 2008. After the Court of Cassation upheld the sentence, he applied to the ECtHR. He claimed that the freedom of expression guaranteed by Article 10 of the European Convention on Human Rights was violated.

Announcing its decision today, the ECtHR stated that the freedom of expression of Atalay was violated and that Turkey shall pay 5 thousand Euro for non-pecuniary damages and 2 thousand Euro for material damages.

Human Rights Association Diyarbakır Branch had announced that rights to life of 10 people, including five children, were violated during the incidents between March 28 and April 3, 2006. (AS/VK)