Precedent decision from the ECHR: “Imprisonment for ‘insulting the President’ violates freedom of expression”
The court sentenced Turkey to pay 7,500 Euros in compensation.
The European Court of Human Rights (ECHR) ruled that the decision to sentence Vedat Şorli to 11 months and 20 days in prison for insulting the President (TCK 299) in 2017 for a photograph and a cartoon he shared on Facebook was a ‘violation of freedom of expression’. The court’s decision is a precedent. The court sentenced Turkey to pay 7,500 Euros in compensation to Şorli.
According to Bianet’s Hikmet Adal, the ECtHR stated in its judgement that Article 299 of the Turkish Penal Code, which regulates insulting the President, cannot be compatible with the European Convention on Human Rights and freedom of expression.
“When the state aims to defend the reputation of the President of the Republic, it cannot develop a special protection privilege for him,” the ECtHR said in its ruling.
The ECtHR emphasised that TCK 299 may have a deterrent effect on the individual in raising issues of public interest. The judgement is important as it is the first and a precedent.
In its judgement, the ECtHR cited the 2004 recommendation of the Committee of Ministers of the Council of Europe entitled “Reputation of political figures and public officials” and the 2016 opinion of the Venice Commission that the current version and practical application of Articles 216, 299, 301 and 314 of the TPC are incompatible with European norms.
Turkey convicted
Following the references, the Court ruled that Vedat Şorli’s ‘freedom of expression’ as recognised by the European Convention on Human Rights was violated by Turkey.
The court sentenced Turkey to pay Şorli 7,500 Euros in compensation.
The court also asked Turkey to harmonise Article 299 of the Turkish Penal Code with ECtHR case law.
Source: T24
