for “making propaganda for a terrorist Şimşek had been tortured and violently organization”. In September and December, pushed back by Greek border forces. the Council of Europe’s Committee of In October, in the landmark decision Vedat Ministers monitoring the implementation of Şorli v Turkey, the ECtHR found that Article the December 2020 Demirtaş v Turkey 299 of the Criminal Code, which criminalizes decision by the European Court of Human insulting the president, was incompatible with Rights (ECtHR), reiterated its call for his the right to freedom of expression, and urged immediate release. the government to align the legislation with In September, the Eruh Criminal Court of Article 10 of the European Convention on First Instance sentenced Zana Aksu, a Human Rights. conscientious objector and former director of HUMAN RIGHTS DEFENDERS the Human Rights Association’s (IHD) Siirt branch, to 18 months’ imprisonment and a In January, the Istanbul Regional Appeals fine of 10,000 TL (€700) for “desertion”. The Court overturned the February 2020 case was pending before the Diyarbakır acquittals of Osman Kavala and eight other Regional Appeals Court at the end of the civil society figures in the Gezi Park trial. In year. Zana Aksu had previously been February, judicial authorities merged Osman convicted on the same charge in 2018 and Kavala’s prosecution for “attempting to acquitted in a separate case in 2020 on the overthrow the constitutional order” and grounds of double jeopardy. “espionage” with the Gezi Park prosecution FREEDOM OF EXPRESSION for “attempting to overthrow the government”. In August, it was further In April, the ECtHR ruled that the rights to decided to merge these combined freedom of expression and to liberty and prosecutions with the retrial in the unrelated security of journalist Ahmet Altan had been Çarşı case, in which 35 football supporters violated. The following day, the Court of were prosecuted for their alleged Cassation overturned the verdict but ordered participation in the 2013 Gezi Park protests. his immediate release based on the excessive Although all 35 had been acquitted in length of his imprisonment. The verdict for December 2015, in March the Court of his co-defendant, Nazlı Ilıcak, was also Cassation overturned the acquittals, overturned. Their case was returned to the recommending the merger of the case with lower court for retrial. In December, the the Gezi Park trial. In December, the Council ECtHR similarly found that Nazlı Ilıcak's of Europe’s Committee of Ministers formally rights to liberty and security and freedom of notified Turkey of its intention to initiate expression had been violated. infringement proceedings for its failure to In September, a Diyarbakır court sentenced comply with the ECtHR judgment to release human rights lawyer Nurcan Kaya to a Osman Kavala. suspended sentence of one year and three In February, human rights lawyer and months’ imprisonment for “making defender Eren Keskin was sentenced to six propaganda for a terrorist organization” years and three months’ imprisonment for concerning a tweet about the Islamic State “membership of a terrorist organization” in siege of Kobani in 2015. the Özgür Gündem newspaper trial, for In October, the Malatya court sentenced participating in a solidarity campaign. The Kurdish writer and Kurdish Pen member case was pending appeal at the end of the Meral Şimşek to one year and three months’ year. imprisonment for “making propaganda for a The retrial of Şebnem Korur Fincancı and terrorist organization”, relating to her writings, Erol Önderoğlu for their one-day editorial the awards she received and the content of support of Özgür Gündem restarted in wiretapped conversations. In July, Meral February after their 2019 acquittals were overturned on appeal. Amnesty International Report 2021/22 372