CASE N° TK/63 - HASAN MEZARCI - TURKEY

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 164th session (Brussels, 16 April 1999)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/164/13(b)-R.1), and to the resolution adopted at its 163rd session (September 1998) concerning the case of Mr. Hasan Mezarci, a former member of the Turkish Grand National Assembly,

Taking account of information conveyed by one of the sources in March 1999,

Recalling that, contrary to information supplied to it by the parliamentary authorities in March/April 1995, Mr. Mezarci was sentenced to 18 months' imprisonment on 29 January 1996 by Bandirma Penal Court, having been found guilty of violating Articles 1 and 2 of Law 5816 by insulting the memory of Atatürk: he had called for an investigation into the alleged extrajudicial killing of Ali Sükrü, a member of Parliament for Trabzond in the 1920s who, Mr. Mezarci claimed, had been murdered on Atatürk's orders,

Recalling also that, in his letter of 5 January 1998, the President of the Turkish National Group stated that various judicial proceedings on charges of insulting the memory of Atatürk were under way against Mr. Mezarci, namely case N° 1996/588 before Ankara 8th Criminal Court, case N° 1996/575 before Ankara 20th Criminal Court and case N° 1996/570 before Ankara 5th Criminal Court; recalling further that he has been charged with insulting the Republic and the Armed Forces by stating in an interview, published on 15 January 1997, that " the heads of the gangs are the Prime Ministers, the Chiefs of Staffs and Presidents " and that the relevant trial is still under way before Istanbul Criminal Court N° 2,

Recalling further that Mr. Mezarci was found guilty of insulting and defaming the Turkish Parliament and sentenced to ten months' imprisonment under Article 159 (1) and (2) of the Penal Code; that, according to the indictment, he stated the following: " This Constitution and this Assembly will not resolve any of the country's problems and it will lead to another military coup. The solution is the Sharia system. I cannot sit in this Assembly. I am disgusted with it "; that at the court hearing on 19 March 1997, Mr. Mezarci reportedly said " I described Sharia as a belief, not as a State form. (...) It is my constitutional right to inform people of my Assembly activities. I have spoken more openly in the Assembly than in newspaper reports where I have been quoted "; recalling also that an appeal is pending,

Considering that, according to one of the sources, a new trial was opened at Trabzond Penal Court against Mr. Mezarci under Article 159 of the Penal Code for " insulting the army " during a speech he delivered on a local TV channel in Trabzond on 11 November 1997,

Mindful of the stated will of the Turkish authorities to make every effort to bring Turkish legislation into line with European human rights standards, particularly with respect to freedom of expression; and noting in this connection the interpretation given by the European Court of Human Rights to freedom of expression, namely that " freedom of expression constitutes one of the essential foundations of (such) democratic society, one of the basic conditions for its progress and for the development of every man. Subject to Article 10(2), it 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 the State or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no democratic society " (Handyside v. UK, September 1976),

Noting finally the recommendation made by the United Nations Special Rapporteur on the right to freedom of opinion and expression in the report on his mission to Turkey in 1997 (E/CN.4/1997/31/Add.1), namely that " persons sentenced to a fine or a term of imprisonment solely for the peaceful expression of their opinions, including opinions that run counter to the philosophy of the State or might otherwise be considered as ill-conceived, should ... have their convictions annulled ",

1. Reaffirms that in making the statement which, on 29 January 1996, led to his sentencing to 18 months' imprisonment, Mr. Mezarci was simply exercising his right to freedom of expression, guaranteed under Article 10 of the European Convention on Human Rights, to which Turkey is a party;

2. Reiterates its wish to receive detailed information on the other judicial proceedings apparently still under way against him, in particular a copy of the relevant judgments;

3. Urges the authorities to follow the recommendation made by the United Nations Special Rapporteur on freedom of expression and annul the sentences handed down on Mr. Mezarci on account of peaceful expression of an opinion;

4. Requests the Secretary General to seek the requested information from the President of the Turkish National Group;

5. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (October 1999).

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