ECHR slams Turkey PM Erdogan for persecuting journalist who denounced Corruption+Oppression cover up

Strasbourg/- European Court of Human Rights "unanimously" condemned Turkey today for violating Press Freedom even by Turkish Prime Minister Tayip Erdogan's personal persecution against a journalist who had denounced the cover-up of Corruption, including for Turkish President Abdulah Gul, and of Oppression of Freedom of Expression, in addition to Mr. Erdogan's excessively angry behavior vis a vis critics in general.

The victim, journalist Erbil Tusalp, living in Izmir (Smyrne until 1922) who published in the Newspaper Birgun, had been prosecuted and condemned to pay twice a heavy financial compensation to the Turkish Prime Minister Erdogan who had sued him personaly.

In one of his articles targetted by the Turkish Authorities who had imposed him heavy Fines, representing "Sums (which) could Deter ... from  Criticising Public Officials, and limit the Free flow of Information and Ideas", as EuroJudges denounced, the victim had criticized the obviously hypocritical "act of looking you in the eye and Lying", while "Governing the country", that Turkish Prime Minister Erdogan had reportedly committed "the day he says that there are <<No (more) Convictions under (the notorious) Article 301 of the Turkish Criniman Code>>, (that CoE and EU had repeatedly asked Ankara to abolish, but, nevertheless, even now), "2 Journalists are convicted under it"...

On Corruption inside the Turkish State, the victim denounced mainly ""the Fact that [the (Turkish) Prime Minister] granted Immunity to his 9 Friends from the Istanbul Municipality who were facing Corruption charges by admitting them to the Assembly", since "those against whom Criminal proceedings were brought for Corruption, namely Kemal Unatıkan, Hilmi Güner, Binali Yıldırım, Abdullah Gül (the current President of Turkey), and Abdulkadir Aksu, entered the Assembly and subsequently became part of Government", in which, "Mr Recep Tayyip Erdoğan, who is Prime Minister in the AKP government, completes this painting". So that, it's a "Fact that even on the 1st Day of the AKP Government there were Ministers accused of Corruption", according to the abstracts re-published by ECHR's judgement.

+On other cases concerning Corruption of Turkish State Officials, the victim had also denounced the Fact that "the Turkish Minister of Justice, Cemil Çicek, (had) state(d)" that the "defendants in the proceedings concerning the Embezzlement of 1 Trillion liras from the Refah Party, (i.e.) the Minister of the Interior and the Minister of Foreign Affairs, .. will be acquitted", thereby, obviously committing a blatant "interference with the Judiciary".

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Among various other concrete Facts, the victim had denounced, ,also that :

- "The (Turkish) Prime Minister and his men ...cannot reconcile Modern law with the Islamic law imprinted in their brains at puberty" ;

- "some want to pave the way for a ‘Religion based regime’";

- "he reopened Aliağa State Hospital a year and a half after it had become operational", and "he cut the ribbon once again many years later at Çankırı State Hospital" ;

- "the man is Lying about matters from national income to inflation to the budget" ;

- "from teachers to judges, from prosecutors to the police, from imams to doctors, the man uses these (Public Sector/General Interest) posts like the (private) property of his own (political) party" ;

+ "Sons join(ed) their Corrupt fathers", F.ex. :

    - "Bilal Erdoğan launder(ed) his wealth by giving the gold and dollars he received for his wedding and circumcision to his father-in-law..(while) the judges who gave this judgment were promoted to higher courts" ;

    - "Erkan Yıldırım become rich when he bought a boat and started carrying passengers sincer his father Binali Yıldırım governed the transport sector" ;   

    - "Kemal Unakıtan ...made sure that his son Ahmet Unakıtan’s chickens were fed four thousand tons of corn without any import duty being added... ...the list of Keman Unakıtan’s acts of corruption and rule-breaking (wouldn't) fit on this page" ; (etc). -------------------------------

The most astonishing fact is that the Turkish Government, curiously, didn't ever dare contest any among all those Damning Facts of Corruption and Oppression denounced by the victim, neither Mr. Erdogan himself, but had only lmited its claims to the mere Wording used by the Journalist when he criticized the Turkish Prime Minister, i.e. Ankara contested the form, but not the content of these denunciations of those acts of serious gravity...
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    This provided an occasion for the dissident Journalist to advance even further, and denounce, more generally, also Collective, Social events in Turkey such as  :

    - People who "freeze in Earthquake tents still covered in snow, ...dead babies who could not reach their first year, ChildBirth without doctors (probable reference to the "6 or 7 times worse" Mortality of Mothers/Children in Birth at the poorest, South-Eastern regions of Turkey, already denounced by CoE Social Charter's Monitoring Reports for years), Children without schools, schools without teachers, hospitals without doctors, the starvation of teachers, and the Poverty of workers and civil servants";

    - "Turkey becoming a Drug haven once again, decreasing the age of using drugs to 11, 12-year-old Prostitutes wandering in the streets" ;

    - "the (Turkish) police, the gendarme, public officials, parliamentarians, ministers and Mafia jerks taking to the roads" (probable reference to the famous "Susurluk" and other, more recent, non-elucidated Scandals of collission between State Officials, Turkish Security Forces and Drug Mafia Killers, etc, also denounced by the ECHR itself at several other Judgements condemning Turkey for Murders, "Enforced Disapparances", Torture, etc)  ;      

    - Some People "Dying from Hunger by the side of the road, or Trembling in the cold like a dog, or Shivering from malaria in the summer", while others, with "farms, ...valuables in ..safes and ..Bank accounts’ or ...allocations and ...Salaries, (are) ...in power" ; "‘sucking our scarlet blood in your factories’, and with "‘the claws of your village lords’", "‘the police truncheon’ ", "walls or ..handcuffs", that "we do not appreciate" and "we fight", as he said in conclusion.
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    => "The Prime Minister of Turkey, Mr Recep Tayyip Erdoğan", found that "certain Remarks in that article an attack on his Personal (sic) rights", ECHR notes, and throught that the best way to deal with that was to personally ask Financial "Compensation against" the Journalist "and the Publishing Company, before .. Ankara Court(s)" on 2006. The victims were condemned by the Turkis Courts on December 2006, and all their Appeals or demands for Rectification, were rejected by the Turkish Court of Cassation on 2008.
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    + In addition, at another article targetted by the Turkish AUthorities and Mr. Erdogan, the victim, writing this time in an obviously Humoristic tone, denounced, in particular, facts related to the Turkish Prime Minister's attitude against Press Criticism, including, f.ex., that  :

    - "Mr Undersecretary’ the top civil servant who emphasised ‘the necessity of replacing the republic and the principles of secularism, with integration with Islam’", as he said ;

    - "days like these where ‘Tanks make their appearances in the streets..." ;

    - "in the central organisation of the (Turkish) Prime Minister’s Office ...Several journalists from the (Turkish Government)supporting media organisations who are ‘holding a press card and members of a religious order’ are coupled together and wandering in the building like Cats on Hot Bricks. However, ...when you dialled the number, you immediately realise that the journalist you get on the phone is not a press agent but an ‘Executive director for Proofreading press statements’. You don’t even have to call them. Mostly, they call you. .... ‘those who have been called’ state that the voice at the other end of the telephone says every time : ‘he did not say that’ or ‘he did not mean to say that’."

    - Turkish "Prime Minister Recep Tayyip Erdoğan, ....responds to Criticisms with Swearing, defames the birds in the air and the wolves in the mountains, for him University professors are immoral, the opposition party meagre, journalists shameless, and he also makes inappropriate remarks about the mothers of the voters", "he dismissed a question like the erection of the “Pontic Genocide Memorial” in Thessaloniki, and tore the visitors’ book in the house of Mustafa Kemal" (etc), as he said, according to ECHR judgement's citations.

    => That, 2nd article, was concluding by raising questions about the cause of Mr. Erdogan's "Aggressive" behavior vis a vis critics, by noting that "he has become ...a Nervous Wreck" (sic), asking "to investigate whether he had a high-Fevered illness when he was young", and "suspect(ing) that he is suffering from a Psychopathic... ilness" (sic), as it wrote, using an obviously excessive expression which, naturally, was immediately targetted by the Turkish Prosecutors.

    Without contesting anyone among the numerous concrete cases and Facts denounced in the 2 above mentioned articles, (mainly in the 1st : See supra), Turkish Authorities insisted, up to 2012, in the prosecution of that journalist, claiming mainly that "certain Expressions ... were far from what could be regarded as ...an opinion", constituting "an attack against ... the (Turkish) Prime Minister, Mr Recep Tayyip Erdoğan", and his "Private Life", as they said, so that he could ask Financial "Compensation" by imposing to pay the amount of a Fine.

    The victim protested that "the (Turkish) Prime Minister ...should have been more tolerant of such criticisms instead of using (Financial) compensation procedure as a Pressure" against politically dissident Media.

    During proceedings in the Turkish courts, engaged by Mr. Erdogan against him, the Journalist "maintained, inter alia, that (his) aim ... had not been to insult the Prime Minister but to Criticise him", and "claimed that since (he) was a Politician and Prime Minister of Turkey, he had to be Open to political Criticism", and "particularly tolerant towards heavy Criticism, as a result of incidents or events he had created (provoked). In support of his submissions he submitted ...a number of columnists criticising various incidents involving the Prime Minister and an interview with Dr M.K., member of the AK party and MP, where the latter considered, inter alia, that the Prime Minister had been "Tense" in recent months and that ..his responses had been "Automatic"".

    ECHR found "that the ...(Financial) compensation cases, brought by the Prime Minister of Turkey, Mr Recep Tayyip Erdoğan, for ...his Personal rights, constituted an Interference with the applicant’s right to Freedom of expression, as guaranteed by Article 10 § 1 of the (European) Convention" for Human Rights.

    >>> Examining whether that "interference were “relevant and sufficient” and whether the measure taken was “proportionate", or not, ECHR observed that, the victim, "is a Journalist/columnist and an author and that the impugned articles ...were published in a ...Newspaper (with his)... comments and Views on current Events (which) had a bearing on issues such as the allegedly illegal conduct and Corruption of hHgh-ranking (Turkish) politicians and public figures and the Prime Minister’s alleged Aggressive response to various incidents or events".

    "There is no doubt that these are very Important matters in a Democratic Society which the public has a legitimate interest in being informed about, and which fall within the scope of Political Debate", noted ECHR in this case.

    EuroJudges reiterated, "in this connection that the Press fulfils an essential function in a democratic society.  Although it must not overstep certain bounds, particularly in respect of the reputation and rights of others, its duty is nevertheless to impart – in a manner consistent with its obligations and responsibilities – information and ideas on all matters of public interest. Journalistic freedom also covers possible recourse to a degree of exaggeration, or even provocation.

    Moreover, what might be an illegal "insult" vis a vis a private person, a simple Citizen, may not be at all when it concerns, on the contrary, a Politician, and even a powerful one, because of the importance of what is at stake in a Democratic Society, ECHR reminded "on this connection" :

    -  "The limits of acceptable criticism are Wider as regards a Politician, than as regards a Private individual", and, since " the plaintiff in the two sets of (Financial) Compensation proceedings above was a very High-ranking Politician", "in fact, he was and still is the Prime Minister of Turkey", "therefore, he was obliged to display a greater degree of Tolerance".

    "Takig into consideration the (victim's) professional interest as a journalist/columnist to convey to the public his views on current events, and in voicing his Criticism, .... (and) even assuming ...that the language and expressions used in the 2 articles ... were provocative and inelegant and certain expressions could legitimately be classed as offensive" (mainly of the 2nd, less important, article : Comp. supra), nevertheless, "they were, however, mostly value judgments based on particular Facts, events or incidents which were already known to the general public, as some of the quotations ....demonstrate. They therefore had sufficient Factual basis", EuroJudges found.

    Legitimately surprised, EuroJudges also observed that "in so far as it concerns statements of Fact contained in the impugned articles, ...the (Turkish) courts did not (even) attempt to .. examine whether the “duties and responsibilities” ...were observed" by the Journalist and his Media, "and Failed to assess whether the articles were published in good faith" concerning the damning Facts denounced (f.ex. Corruption, etc., comp. Supra).

    "As to the form of the expressions, ECHR observes that the author chose to convey his strong criticisms, coloured by his own political opinions and perceptions, by using a satirical style. In this connection, the (European) Court reiterates that Article 10 is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb; such are the demands of that pluralism, tolerance and broadmindedness without which there is no “democratic society” ". "Offensive language may fall outside the protection of freedom of expression if it amounts to wanton denigration, for example where the sole intent of the offensive statement is to insult ... But, in this case, "various strong remarks contained in the articles in question ...could Not be construed as a gratuitous personal attack against the (Turkish) Prime Minister, Mr Recep Tayyip Erdoğan.  In addition, ...there is nothing in the case file to indicate that the ...articles had any affect on Mr Recep Tayyip Erdoğan’s political career or his professional and private life", ECHR also observed.

    => In consequence, ECHR concluded that the Turkish Authorities "Failed to establish convincingly any pressing Social need for putting the (Turikish) Prime Minister’s (Erdogan's) Personality rights above the (journalist's) rights and the General interest in promoting the Freedom of the press where issues of Public interest are concerned", and, "therefore ... Overstepped their margin of appreciation and ...were Disproportionate"

    Moreover, "the Amount of Compensation which the applicant was ordered to pay, together with the publishing company, was Significant; and that such sums could Deter others from Criticising Public Officials, and Limit the Free flow of information and ideas", according to the "Unanimous" ECHR Judgement, which condemned the Turkish Government for committing  "a violation of Article 10 (on Freedom of Expression) of the (European) Convention" on Human Rights, asking also Ankara to "ReImburse" to the victim all the Financial Compensation that he had been obliged to pay, (6.500 to 12.800 TRY, according to estimations), in addition to 5.000 € for non-pecuriary damage, (plus the interests).

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