Constitutional Court rules 'Biji Serok Apo' slogan is freedom of expression!
The Constitutional Court (AYM) has ruled that a prison sentence handed down for "making propaganda for a terrorist organization" due to the slogan "Biji Serok Apo" constitutes a "violation of the freedom of thought and expression."
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Merve Nur Tekin, who accompanied the "Çerxa Şoreşe" anthem and chanted the slogans "Biji Serok Apo" and "PKK is the people, the people are here" during protests held in the Lice district of Diyarbakır on June 7, 2014, was sentenced to prison and a fine by the Ardahan High Criminal Court for "making propaganda for a terrorist organization."
Following the confirmation of the verdict by the Court of Cassation, Tekin filed an individual application to the Constitutional Court on February 11, 2022, claiming a "violation of the right to freedom of thought and expression."
THE CONSTITUTIONAL COURT ACCEPTED TEKIN'S APPLICATION AND RULED THAT A VIOLATION OCCURRED.
The ruling stated that "even if the views conveyed to the public through an anthem are seen as worthless, useless, provocative, or disturbing by others, they are under the protection of freedom of expression regardless of individuals' subjective assessments, and that punishing individuals based on subjective evaluations or assumptions and interfering with the expression of thoughts in this way would violate a fundamental right."
"FREEDOM OF EXPRESSION WAS VIOLATED"
The Constitutional Court ruled that the conviction decision against Tekin did not correspond to a pressing social need and that Tekin's right to freedom of expression, guaranteed under Article 26 of the Constitution, had been violated.
In its decision, the Constitutional Court unanimously accepted that the "claim regarding the violation of freedom of expression" was admissible, while the finding that freedom of expression had been violated was accepted by a majority vote.
Members Yıldız Seferinoğlu and Ömer Çınar dissented from the decision.
The Constitutional Court also ordered that 30 thousand Turkish Lira in non-pecuniary damages be paid to the applicant.
The Constitutional Court decided that a retrial should be held to eliminate the consequences of the identified violation and sent the file to the Ardahan High Criminal Court.