ECHR Finds Kurdish Newspaper Right After 10 Years

The European Court of Human Rights (ECHR) found Turkey guilty of punishing former owner and editor of the daily newspaper Ülkede Özgür Gündem for publishing statements by Zübeyir Aydar - a PKK leader. 

Ruling that Turkey violated European Convention of Human Rights Article 10, the court ordered Turkey to pay 3,333 euros to Ali Gürbüz and Hasan Bayar, former owner and editor respectively of the daily newspaper Ülkede Özgür Gündem. 

Unable to appeal, they took to ECHR

On 24 March 2004 the newspaper published an article containing statements made by Mr Aydar, chair of a branch of the illegal armed organization the PKK. The public prosecutor charged Mr Gürbüz and Mr Bayar with publishing a statement by an illegal armed organisation, an offence punishable under the Prevention of Terrorism Act.

The applicants again sought leave to appeal on points of law, but their application was rejected on the ground that where the amount of the fine did not exceed TRY 2,000 the judgment was final.

On 24 February 2010 the Assize Court, re-examining the case following a judgment of the Constitutional Court of 26 November 2009 which deleted the reference to “owners” in a provision of the Act, stayed execution of Mr Gürbüz’s sentence.

Relying on Article 10 (freedom of expression), the applicants alleged that their conviction had infringed their right to freedom of expression. 

Not first conviction for Turkey 

On March 26, 2014, ECHR convicted Turkey of violating Article 10 for launching 8 different filesuits against Hasan Bayar - editor-in-chief of Ülkede Özgür Gündem newspaper. 

Turkey ordered to pay 28,800 euros in past 3 months 

According to BIA Media Monitoring Report, ECHR found Turkey guilty of Convention Article 10 on freedom of expression and not making a fair tribunal on two cases, ordering the Turkish state to pay three individuals a combined fine of 28,800 euros as pecuniary and non-pecuniary damages.(EÖ/BM)

* Click here to read the article in Turkish.