‘Disciplinary Punishment to Demonstration for Education in Mother Tongue a Violation of Right’

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The Constitutional Court has announced its judgement regarding teachers Yılmaz Güneş and Yusuf Karadaş, who were given a disciplinary punishment for having attended a demonstration demanding education in mother tongue in Turkey's southeastern province of Diyarbakır.

The Court has ruled that the punishment given to the teachers has violated their "right to assembly and demonstration" and they shall be paid 4 thousand Turkish Lira (approx. 750 US Dollar) as non-pecuniary damages.

Dissenting vote: It is freedom of expression

Teachers Yılmaz Güneş and Yusuf Karadaş, who are also members of the Education and Science Workers' Union (Eğitim-Sen), were given a disciplinary punishment on the ground that they attended the "Support for Education in Mother Tongue" protest march organized by the Diyarbakır Branch of Eğitim-Sen on September 19, 2011.

After their objections to the punishment were rejected by the related administrative bodies, the union filed a lawsuit on behalf of the teachers and requested that the punishments be cancelled. These lawsuits were also rejected by a large majority at the Diyarbakır 2nd Administrative Court on April 10, 2014. In the justification for rejection, it was stated,

"It was seen that the plaintiff attended the march which started at the Metropolitan Municipality Guest House and ended with a statement for the press made in front of the Provincial Directorate of National Education; and throughout the march and statement, slogans were chanted and the march turned into a meeting with remarks on autonomy and Kurdistan."

In the dissenting vote, it was indicated that "the demonstration attended by the plaintiff, who is a public officer and a member of a union, (...) has to be evaluated within the boundaries of freedom of expression as well as the right to assembly and demonstration."

Constitutional Court: It is obligatory for the development of pluralist democracies

After the lawsuit filed by the union was rejected by the local court, Güneş and Karadaş appealed to the Constitutional Court.

Stating that they attended the demonstration upon the call of the union with the aim of using their democratic rights, the teachers indicated that the disciplinary punishment violated their right to assembly and demonstration.

In its judgement dated December 26, 2018, the Constitutional Court made the following evaluation:

"The right to assembly and demonstration, which grants people the opportunity to collectively express their opinions in ways excluding violence, guarantees the emergence, protection and spread of different opinions, which are obligatory for the development of pluralist democracies."

"Considering that the applicants did not get involved in any condemnable action, they shall not be subjected to a punishment, not evem a light one."

They will be tried again

In the judgement of the court, it has been ruled that the right to assembly and demonstration guaranteed by the Article 34 of the Constitution has been violated and, accordingly, the teachers shall be tried again.

It has also been ruled that the teachers shall be paid 4 thousand Turkish Lira in total as non-pecuniary damages and 2 thousand 433.8 Turkish Lira in total as court expenses. (AS/SD)