Internet Journalists Association Leader Oguz Demirkaya was imprisoned for his comments on certain news articles on the internet. Demirkaya, who took the incident to the upper court, was right this time and he went to his side. to the payment of compensation was decided.
Oğuz Demirkaya, in the news on a website, about a university rector’s liaison advisor
He used some words as . The liaison consultant of the rector, who saw the comments about him, addressed the issue. to the court took away.
Sentenced to imprisonment and ban from public mission
Oğuz Demirkaya is also at Cumhuriyet University Hafik Kamer Örnek Vocational School. was a manager. So he was a public official. The local court found these words of Demirkaya to be rude and insulting. 1 year 2 months 17 days imprisoned and ban from public mission fined. on his punishment Constitutional Court
Demirkaya, who took the path of , encountered the following result this time;
The findings of the Constitutional Court regarding the case are as follows:
- Everyone can express their ideas through words, writings, photographs or other ways. reserves the right to explain and disseminate.
- This freedom is free of charge without the intervention of official authorities. also includes the freedom to give or receive ideas.
- Measure limiting fundamental rights and freedoms, must meet a social need and should be the last remedy available.
- The limitations are due to the requirements of the democratic society system and cannot oppose the principle of proportionality.
- Freedom to express and disseminate opinion for the functioning of democracy is of vital value.
- Courts have discretion, but this under the control of the Constitutional Court.
- With the court decision, the applicant’s an interference with freedom of speech was made.
- While there are many milder intervention possibilities in the legal system for words that can be considered as “vulgar” in the words of the court, there are quite a few a heavy penalty and, moreover, as a legal consequence of punishment, its banning from public missions has been significantly increased with the aim of preserving the prestige sought to be achieved. a disproportionate intervention.
Concluding the personal application in line with these determinations, the Constitutional Court made the following decisions;
- Considering that freedom of speech is violated
- For the elimination of the consequences of the violation of freedom of expression of a sample of the decision about to be tried again to be sent to court
- Clear to the applicant 13 thousand 500 TL non-pecuniary damage to be paid
Constitutional Court, the decision in question unanimous explained.