16
ALTUĞ TANER AKÇAM v. TURKEY JUDGMENT
Article 301 of the Criminal Code constituted interference in the
circumstances of the present case.
71. The Court observes that the applicant is a history professor whose
research interest includes the historical events of 1915 concerning the
Armenian population. He has published numerous books and articles on the
Armenian issue, a subject which is considered sensitive in Turkey. He thus
belongs to a group of people who can easily be stigmatised for their
opinions on this subject and be subject to investigations or prosecutions
under Article 301 of the Criminal Code as a result of criminal complaints
that can be lodged by individuals belonging to ultranationalist groups who
might feel offended by his views (see, mutatis mutandis, Johnston and
Others, cited above, § 42).
72. Indeed, in the instant case, the investigation against the applicant
was commenced as the result of a criminal complaint by an individual who
alleged essentially that the applicant had committed the offence of
denigrating Turkishness under Article 301 of the Criminal Code by his
editorial opinion in the AGOS newspaper (see paragraph 8 above). The
applicant was summoned to the local public prosecutor’s office and asked to
answer the criminal complaints against him (see paragraph 9 above). Even
though the public prosecutor in charge of the investigation issued a decision
of non-prosecution holding that the applicant’s views were protected under
Article 10, this did not necessarily mean that the applicant would be safe
from further investigations of that kind in the future. It appears that two
other criminal complaints were lodged by individuals alleging that the
applicant had denigrated Turkishness under Article 301 by his articles in the
AGOS newspaper and that the investigations were terminated by decisions
of the local public prosecutors not to prosecute (see paragraphs 14, 15
and 18 above).
73. The Court refers to its findings in the Dink case (cited above), where
the first applicant was prosecuted following a criminal complaint lodged by
an extremist group of individuals and convicted under Article 301 for his
opinion on the Armenian issue, that is, for denigrating Turkishness. In the
eyes of the public, particularly ultranationalist groups, Mr Dink’s
prosecution and conviction was evidence that he was an individual who
insulted all persons of Turkish origin. As a result of this perception or
stigma attached to him Mr Dink was later murdered by an extreme
nationalist (see Dink, cited above, § 107).
74. The Court notes that, as in the case of Mr Dink, the applicant has
been the target of an intimidation campaign which presented him as a
“traitor” and a “spy” to the public on account of his research and
publications on the Armenian issue (see paragraphs 34-36 above).
Following this campaign, the applicant received hate mails from a number
of individuals who insulted and threatened him with death (see paragraph 41
above).