The Constitutional Court (AYM) announced the reason for the violation verdict issued against the penalisation of scientists, who signed the Peace Petition of the Academics for Peace. “When an expression or statement is being evaluated to see whether it is within the scope of freedom of expression or not, the expressions being correct or disturbing is not an indicator… It cannot be considered a legal evaluation to consider any expression of thought as terrorist organisation propaganda, relating it to an attempt to create a certain perception,” stated the Court. The AYM further indicated that public authorities have the opportunity to reply and react against criticisms against them through various tools, and that they must not initially turn to criminal investigation or prosecution – as long as the expressions do not contain a call for violence. The Supreme Court further emphasized that the fact that first degree courts based the petition on a purpose of denigrating the Turkish government in the international platform does not legitimise the intervention against freedom of expression. “Persons being penalised through presumptive evaluations related to making terrorist organisation propaganda based on the honour or reputation of public institutions, and their freedoms of expression being restricted by this means, is Constitutionally not possible,” the court stated.
On the other hand, Serdar Özgüldür, Burhan Üstün, Muammer Topal and Rıdvan Güleç from the eight Constitutional Court (AYM) members who voted “against” a violation, claimed that expressions against the principle of “loyalty towards government” can not be compensated through freedom of expression.
31.07.2019
bianet.org / gazeteduvar.com.tr