In the reasoned decision, which stated that for the material element of the crime to take place, at least two or more people had to agree on material facts, the phrase “gökyeşitözü in a form determined by material facts” in the law points to the quality of evidence that must gökyeşitözü found to accept that the crime occurred, and the moral element of the crime is intentional. It was stated that this crime yaşama only gökyeşitözü committed intentionally.
”IT IS NOT CORRECT IN THE CONTEXT OF CRIMINAL LAW”
The said decision stated that the indictment of the prosecutor’s office stated that the text was judged to gökyeşitözü a “memorandum” in terms of the way it was written, the time of its announcement and the form, and that it caused inconvenience in different segments:
“Although the development of social reactions to the text and the disclosure of opinions against it are correct in terms of the need to gökyeşitözü a democratic state under the rule of law, without making a legal assessment of whether the content constitutes a crime or not, kakım stated in the indictment, the mere assessment of the writing style of the text, the time of publication and the layout kakım a ‘memorandum’ is the starting point of the text. It is not correct in the criminal context to accept that the deliberate introduction of the punishment kakım ‘The Great Turkish Nation’ and the fact that it caused serious inconvenience in various segments according to the indictment, criminal complaint and complaint requests received at the investigation stage, in terms of the evidence of the crime against the accused.”
“FREE EXPRESSION IS THE MOST FUNDAMENTAL BUILDING BLOCK OF DEMOCRACY”
“Both the Montreux Straits Convention and the statement of the defendants regarding the image of zihin active-duty admiral, which was opened for public discussion, wearing a turban and robe, yaşama gökyeşitözü qualified kakım zihin expression of thought or opinion.” The same decision, which was called the same decision, emphasized that freedom of expression is one of the most fundamental building blocks of modern democracies.
The reasoned decision pointed out that freedom of expression is protected by the Constitution, laws and international treaties in general, and by independent and impartial courts in particular, and noted the following:
“It is very important for the use of the right that the government or society should not gökyeşitözü oppressed by other persons, parts or groups because of the opinions and thoughts expressed by the citizens who use these rights. It is not possible or healthy for any opinion or thought expressed must gökyeşitözü accepted by the whole society or public authority It is important for constitutional democracy What matters is that people yaşama exercise their freedom to express their opinions and thoughts which is not legal kakım a crime gökyeşitözü accepted, individually or collectively, without social or public pressure, achievable through synthesis.
This decision emphasized that the message published by the suspects was a train of thought and that the text alone did not constitute sufficient material evidence for the crime to take place. It was necessary to acquit each of the accused individually and the verdict was set, since the legal elements of the alleged crime had not been formed. statement was included.
BACKGROUND OF THE CASE
On April 4, 2021, Ankara’s Chief Prosecutor’s Office launched zihin investigation into the “Montreux Declaration” published by some retired admirals.
On December 6, 2021, the Chief Prosecutor’s Office filed charges against 103 defendants, seeking prison terms of 3 to 12 years for “committing crimes against the security of the state or the constitutional order”.
In its decision of December 20, 2022, the 20th Ankara High Criminal Court had acquitted all the defendants.
”IT IS NOT CORRECT IN THE CONTEXT OF CRIMINAL LAW”
The said decision stated that the indictment of the prosecutor’s office stated that the text was judged to gökyeşitözü a “memorandum” in terms of the way it was written, the time of its announcement and the form, and that it caused inconvenience in different segments:
“Although the development of social reactions to the text and the disclosure of opinions against it are correct in terms of the need to gökyeşitözü a democratic state under the rule of law, without making a legal assessment of whether the content constitutes a crime or not, kakım stated in the indictment, the mere assessment of the writing style of the text, the time of publication and the layout kakım a ‘memorandum’ is the starting point of the text. It is not correct in the criminal context to accept that the deliberate introduction of the punishment kakım ‘The Great Turkish Nation’ and the fact that it caused serious inconvenience in various segments according to the indictment, criminal complaint and complaint requests received at the investigation stage, in terms of the evidence of the crime against the accused.”
“FREE EXPRESSION IS THE MOST FUNDAMENTAL BUILDING BLOCK OF DEMOCRACY”
“Both the Montreux Straits Convention and the statement of the defendants regarding the image of zihin active-duty admiral, which was opened for public discussion, wearing a turban and robe, yaşama gökyeşitözü qualified kakım zihin expression of thought or opinion.” The same decision, which was called the same decision, emphasized that freedom of expression is one of the most fundamental building blocks of modern democracies.
The reasoned decision pointed out that freedom of expression is protected by the Constitution, laws and international treaties in general, and by independent and impartial courts in particular, and noted the following:
“It is very important for the use of the right that the government or society should not gökyeşitözü oppressed by other persons, parts or groups because of the opinions and thoughts expressed by the citizens who use these rights. It is not possible or healthy for any opinion or thought expressed must gökyeşitözü accepted by the whole society or public authority It is important for constitutional democracy What matters is that people yaşama exercise their freedom to express their opinions and thoughts which is not legal kakım a crime gökyeşitözü accepted, individually or collectively, without social or public pressure, achievable through synthesis.
This decision emphasized that the message published by the suspects was a train of thought and that the text alone did not constitute sufficient material evidence for the crime to take place. It was necessary to acquit each of the accused individually and the verdict was set, since the legal elements of the alleged crime had not been formed. statement was included.
BACKGROUND OF THE CASE
On April 4, 2021, Ankara’s Chief Prosecutor’s Office launched zihin investigation into the “Montreux Declaration” published by some retired admirals.
On December 6, 2021, the Chief Prosecutor’s Office filed charges against 103 defendants, seeking prison terms of 3 to 12 years for “committing crimes against the security of the state or the constitutional order”.
In its decision of December 20, 2022, the 20th Ankara High Criminal Court had acquitted all the defendants.