Muhittin Botan
The Istanbul Regional Court of Appeals' 3rd Criminal Chamber has overturned a previous court's ruling, deciding that referring to Abdullah Öcalan as the "Leader of the Kurdish People" and "Mr." does not constitute propaganda for a terrorist organization.
This case originated from the 2008 Newroz (Kurdish New Year) celebrations in Çanakkale, organized by the Democratic Society Party. During the event, Van Co-Chair Mihriban Şah referred to Öcalan as the "Leader of the Kurdish People" and "Mr. Abdullah Öcalan." Following these remarks, she was charged and convicted by the Istanbul 14th High Criminal Court for "propagandizing for a terrorist organization" and "praising the leader of a terrorist organization."
Şah's lawyer, Ümit Avcı, appealed the conviction to the Istanbul Regional Court of Appeals. The Appeals Court highlighted that freedom of expression is protected under Article 26 of the Turkish Constitution and Article 10 of the European Convention on Human Rights. The court stated that freedom of expression is not only for information or ideas that are received favorably or deemed harmless but also extends to ideas that might offend, shock, or disturb, as these are essential for pluralism and broad-mindedness in a democratic society.
The Appeals Court ruled that the conviction of Şah should be overturned and she should be acquitted because her actions did not constitute a crime under the law. The court's decision emphasized the importance of freedom of expression in a democratic society.
Lawyer Ümit Avcı from the Van Bar Association commented on the significance of this ruling, noting that it was issued on February 8, 2024. He mentioned that although the prosecutor could still appeal the decision, if there is no appeal, the decision would become final. However, if appealed, the decision would be subject to review by the Supreme Court of Appeals. Avcı underlined the particular importance of the Regional Court of Appeals' decision in this case.
