The European Court of Human Rights yesterday unanimously held that that there had been a violation of freedom of expression and of the right to appropriate punishment for former prosecutor Sacit Kayasu, who was removed from his job because he filed a court case against Kenan Evren, the leader of the 1980 military coup.
According to verdict, the Turkish government has to pay 40,000 euros to Kayasu.
Speaking to Today's Zaman after the verdict was read, Kayasu said he was expecting this result.

"The European court decided that I should not be silent. It is not related to my appeal to the court, but Kenan Evren can face the court for his crimes against humanity," he said. "Independent from my application, anyway, the road to court for him is always open."

Kayasu served as a prosecutor until he was fired and disbarred in 2000 after asking the State Security Court (DGM) in Ankara to indict Evren for overthrowing a civilian government. No longer able to perform his profession, he worked in various jobs. In 2007, he completed his master's degree in law at Marmara University and is in the process of writing his thesis on "Freedom of Expression of Judges and Prosecutors."

In a statement, the European court observed the "possibility of prosecuting the instigators of the coup d'état of 12 September 1980 and the Constitution, which had been adopted following a referendum in November 1982 and was still in force. This was unquestionably a debate of general interest, in which the applicant had intended to participate both as an ordinary citizen and as a public prosecutor."

The court also stated that the imposition of a criminal sanction of that nature on an official belonging to the national legal service would by its nature have a chilling effect, not only on the official concerned but on the profession as a whole.

The court in its verdict also questioned the status of the Supreme Board of Prosecutors and Judges (HSYK): "The Court observed that the impartiality of the bodies that had been called upon to review the applicant's objection had been open to serious doubt."

TODAY'S ZAMAN