The 3rd Criminal Chamber of the Court of Cassation overturned the imprisonment sentence given to PKK Leader Abdullah Öcalan on the grounds of a 5-volume book set titled "Democratic Civilization Solution" consisting of his defenses. An investigation was launched in 2015 against Rıdvan Sain, the founder of Amara Press Publishing House, where the book was published. The investigation, which coincided with the "dialog process" between 2013 and 2015, later turned into a lawsuit. 

 

The indictment stated that the book, written by Abdullah Öcalan, praised the PKK with expressions such as "revolutionary people's war" and "heroic story". In the sections on the solution of the Kurdish issue, it was claimed that the relevant party was "instructed to prepare for war", and it was argued that the PKK's methods and actions were tried to be legitimized. It was also claimed that violence was presented as a threat to achieve political goals. It was noted that due to Abdullah Öcalan's final sentence, the responsibility lies with Sain, who published the book. Sain was requested to be sentenced for "making propaganda for an illegal organization". 

 

SAIN: THE BOOK IS BANDEROLED AND LEGAL

 

In his defense during the trial, Sain noted that there was no recall order during the period when they printed the books. Sain said that the book was a legal book with a banderole, that he had read all of Abdullah Öcalan's books and that there was no "illegal organization propaganda" in any of his books, and that his statements were based on historical data. 

 

Istanbul 14th High Criminal Court sentenced Sain to 2 years and 6 months in prison for "making propaganda for an illegal organization". The local court's decision was upheld by the Court of Appeal. Both verdicts stated, "(... ) that humanity began in the region called Mesopotamia and the Kurdish people have ruled in the same region since the beginning of humanity, that Kurds pioneered in the formation of many cultures and states, that Kurds played a leading role in the establishment of the Republic of Turkey and in the national liberation war, but that after 1925 the policy of denial and extermination of Kurds was initiated, It has been understood that it is in the nature of terrorist organization propaganda that democratic and armed struggle will continue until the Kurds are recognized as a nation and autonomous administration is accepted at the genocidal and constitutional level, and in case the desired results are not obtained, it will legitimize or praise methods involving violence or threats or encourage resorting to these methods." 

 

JUDICIARY OVERTURNED

 

Sain appealed the sentence to the Court of Cassation. The application stated that "the verdict was based on incomplete research, examination and insufficient justification" and demanded acquittal. The 3rd Criminal Chamber of the Court of Cassation overturned the verdict. In its decision, the Court of Cassation pointed to the expert report and emphasized that the content taken as basis for the verdict did not "legitimize or praise the methods of the organization that involve force, violence or threats, or encourage resorting to these methods". The Court of Cassation stated that Sain should have been acquitted but was convicted. Therefore, the local court's verdict was found "unlawful". In the retrial, Sain was acquitted in accordance with the Court of Cassation's reversal. 

 

 

MA / Diren Yurtsever