Jurist Kaplan Acquitted of Hate Speech

The trial against Kaplan was launched on November 29 last year based on a complaint filed by the Military Prosecutor of the Chief of General Staff office. He was charged under article 216 of the Turkish Penal Code and if found guilty, faced a maximum of 4.5 years imprisonment.

In his deliberation on the case, Beyoglu 2nd Criminal Court of First Instance Prosecutor Mehmet Akilli asked on Thursday, June 8, for Kaplan to be acquitted on grounds that an offence had not taken place.

The prosecution said that when the text of the speech was examined in whole, taking into account that after what he said there was no action throughout the country that turned into violence, it could be concluded that what Kaplan said was within the scope of the freedom of expression under the European Court of Human Rights.

Kaplan who submitted a 4-page defence document to presiding judge İrfan Adil Uncu stressed that he had made no remarks inciting violence and said "I strongly reject the allegation. On the contrary, I reacted to so-called citizen statements and those wearing suits who created the flag burning provocation in Mersin."

Kaplan stressed that the supremacy of justice and law was more required now then ever and said "we need unity, peace and brotherhood, more freedom of thought and organisation, more human rights and democracy".

Uncu, listening to the prosecutor and Kaplan's defence, concluded that the evidence gathered, tape transcripts and defences all together amounted to no offence having been committed and decided on Kaplan's acquitted.

In the previous case heard on May 31, Kaplan's defence attorneys Ercan Kanar and Kemal Aytac had argued that the courts were being needlessly occupied by these kind of cases and requested for the indictment to be dismissed. They also said that a case launched on complaint by a military prosecutor was against the law. (EO/II/YE)