Inflammatory article seen as freedom of speech by Appeals court

The Bolu Express published a column by Işın Erşen calling for the assassination of pro-Kurdish Democratic Society Party (DTP) deputies to get rid of the outlawed Kurdistan Workers' Party (PKK). After the PKK killed 13 Turkish soldiers on Mount Gabar in 2007, Erşen, in her column, said instead of chasing several terrorists into the mountains, it would be more effective to kill DTP deputies.

When the DTP filed a lawsuit against Erşen, the Bolu Prosecutor's Office ruled there was nothing that could be considered an offense in Erşen's article, a statement that surprised the DTP lawyers, the daily reported. The DTP appealed the ruling to the Düzce High Criminal Court, but the appellate court also dismissed the case and found the prosecutor acted in accordance with the law.

Finding the ruling unacceptable, Mehmet Ali Şahin, then minister of justice, referred the case to the Supreme Court of Appeals, asking for the ruling to be reconsidered. He said the ruling was against laws on the books and that the writer's article could not be considered within the scope of freedom of expression as it was openly asking for the killing of DTP members.

The 8th Criminal Chamber of the Supreme Court of Appeals ruled unanimously on Sept. 30 that the lower court's decision was in line with the law, saying there was no inconsistency in the ruling. Unless the chief public prosecutor for the Supreme Court of Appeals takes the decision to the General Council of the Supreme Court of Appeals for review, the decision will be final.