Lawyers from the Media and Law Studies Association (MLSA) have filed an application with the European Court of Human Rights (ECHR) on behalf of journalist and translator Hişyar Barzan Şerefhanoğlu, arguing that his conviction for sharing Kurdish-language news on social media violates his freedom of expression.
Şerefhanoğlu was sentenced to prison in 2018 on charges of "spreading terrorist propaganda" due to his Kurdish-language social media posts. The ECHR application emphasizes that this conviction constitutes a disproportionate violation of his right to free expression.
The petition argues that Turkey violated Article 10 of the European Convention on Human Rights (ECHR), which protects freedom of expression, as well as Article 6, which guarantees the right to a fair trial. Additionally, it claims a breach of Article 7, which establishes the principle of legality in criminal law. The application highlights that Şerefhanoğlu’s posts were meant to inform the public and contained no incitement to violence or rebellion.
Convicted for sharing Kurdish news
The case against Şerefhanoğlu began in 2016 when Bitlis Police Department’s Counterterrorism Division flagged his social media activity during an online surveillance operation. As a journalist, translator, and editor working with various media outlets, Şerefhanoğlu was investigated for allegedly "insulting public officials, degrading state institutions, and spreading terrorist propaganda" through his posts.
The Bitlis Chief Public Prosecutor’s Office subsequently indicted him, claiming that his social media posts amounted to propaganda for the outlawed Kurdistan Workers' Party (PKK) and its affiliated groups (KCK). The court ruled that his posts were "beyond journalistic activity" and sentenced him to 1 year, 10 months, and 15 days in prison. This verdict was upheld by the Erzurum Regional Court of Appeal, making it final.
Legal battle reaches ECHR
In 2019, Şerefhanoğlu filed an individual application with Turkey’s Constitutional Court, arguing that his right to free expression had been violated. However, the court dismissed his case as "inadmissible," citing legal restrictions on appeals for terrorism-related convictions.
His case was then taken to the Court of Cassation, Turkey’s highest court for criminal appeals. On Nov. 1, 2023, the court rejected his appeal, confirming his sentence. Following this, Şerefhanoğlu filed another application with the Constitutional Court in early 2024, but it was again dismissed as "manifestly unfounded."
After exhausting all domestic legal avenues, MLSA lawyers have now taken the case to the ECHR, seeking a ruling on the violation of Şerefhanoğlu’s fundamental rights.
