"Harming the image of the army"
In February 2000, Onaran had been sentenced to two months imprisonment by the General Staff Military Court for "harming the image of the army".
After his sentence, the Ankara Governor's Office instigated the termination of his involvement in the Modern Journalists' Association (CGD).
Sanar Yurdatapan, the speaker for the Initiative Against Crimes of Thought, and Nevzat Onaran had received prison sentences for participating in the publication of a book entitled "Freedom of Expression 38".
Appeal to ECHR
Onaran appealed to the ECHR, arguing that according to the European Human Rights Agreement his rights to "a fair trial" (Article 6/1), "freedom of expression" (Article 10) and the "right of association" (Article 11) had been violated.
The ECHR stated that it questioned the neutrality of a military court, and decided unanimously that Article 6/1 had been violated.
Furthermore, the court decreed that although the distributed brochure criticised the military harshly, it did not contain any incitement to violence or calls for armed struggle or revolution, and that thus the right to freedom of expression had been violated.
The court further judged it unnecessary to consider Article 11 separately. The ECHR has ordered Turkey to pay Onaran 2,000 Euros damages and 1,000 Euros legal expenses. (EÖ/EÜ/AG/EÜ)
