EHCR fines Turkey for Rights Violations

The European Court of Human Rights (ECHR) in Strasbourg this week fined Turkey € 31 thousand (49 thousand 175 New Turkish liras) in its judgment on a suit brought by several former members of the Democracy Party (DEP) who were found guilty of "disseminating separatist propaganda" in 1998. The government in June 1994 shut down the pro-Kurdish DEP party and several of its members were imprisoned.

Former DEP Vice-President Kemal Bilget and members of the DEP executive committee Ozman Özçelik, Kemal Okutan, Bahattin Günel, and Murat Bozlak brought their case to the ECHR.

Bilget made a speech at the DEP's first party congress in 1993 in which he stated, "a demand for the freedom of the Kurdish people." He and the other party members signed a declaration entitled "The Democracy Party's Call for Peace" and publishing flyers with the slogan "Not War, But a Democratic Solution." The appeal was directed towards "the workers and defenders of human rights and peace" and called for a cease-fire between the separatist PKK guerilla group and the Turkish army.

The DEP members were charged with producing "separationist propaganda" and found guilty, although their prison sentences were suspended on the condition that they not re-offend.

ECHR: Political party members can discuss politics

The ECHR determined that Turkey's treatment of the DEP party members violated two provisions of the European Convention on Human Rights, the right to freedom of expression guaranteed in Article 10 and the right enumerated in Article 6.1 to a fair and timely trial by an impartial court.

Saying that members of political parties should naturally be able to take a political role, the ECHR unanimously found that Article 10 had been violated, as the applicants been penalized for freely express their thoughts and had not advocated violence, armed revolt or rebellion, or used hate speech.

The EHCR also unanimously found that the right to a fair trial had been violated because the State Security Court that tried the DEP members was "not impartial and independent." As a result, the Court awarded Bilget 572 euros for pecuniary damage and € 7 thousand 500 euros for non-pecuniary damage.

It also awarded € 5 thousand apiece to the other applicants, and made a joint award of € 3 thousand for court costs. (EA/EK/YE)