8
ALTUĞ TANER AKÇAM v. TURKEY JUDGMENT
had betrayed Turkey and vomited hate towards Turkey in all of his books
and speeches.
(b) Statements by the applicant and his family in response to the allegations in
the media
37. By press releases, the applicant and his family condemned the
allegations published by the Hürriyet newspaper and called for apology.
They referred to the killing of Hrant Dink and said that the press should act
with responsibility and sensibility when publishing articles containing
allegations labelling someone as a “traitor”. They further warned against
Turkey becoming a country where citizens could be lynched with the help
of the press.
(c) Defamation case brought against the Aydınlık magazine
38. By a judgment dated 8 November 2005 the Istanbul Civil Court of
First Instance dismissed the applicant’s claims for non-pecuniary damage.
The court held that even though the words used and allegations made by the
defendants were offensive they were within the limits of permissible
criticism. This judgment was confirmed by a Court of Cassation decision
dated 14 March 2007.
(d) The case against the Hürriyet newspaper
39. On 26 July 2007 the applicant brought an action in the Ankara Civil
Court of First Instance requesting the court to order the Hürriyet newspaper
to publish a letter of correction in response to the offensive articles
published on 21, 22 and 23 June 2007. By a decision dated 30 July 2007 the
court dismissed the applicant’s request. It held that even though the
criticism contained in the impugned articles was harsh in tone, it was
covered by the right to freedom of expression enjoyed by the press in a
pluralist democracy.
40. On 24 November 2007 the Taraf newspaper published an article
criticising the attitude of the judiciary in regard to the media campaign
against the applicant.
(e) Hate mail and death threats against the applicant
41. The applicant claimed that he had received hate mail from unknown
persons. He submitted a copy of an e-mail sent by a person insulting him
and threatening him with death as a result of his views on the Armenian
issue.
(f) Media support for the applicant
42. Between 9 and 23 July 2007 a number of articles were published on
internet portals and in magazines and newspapers criticising the attacks
against the applicant and expressing support for him.