The Constitutional Court (AYM) ruled that the 10-month prison sentence for "making propaganda for an illegal organization" was a violation of freedom of thought and expression of two defendants accused of distributing leaflets containing Öcalan's photographs, within the scope of the campaign demanding his freedom.

Berrin Baran Eker and Muzzaffer Özbek were tried by Tekirdağ 2nd Criminal Court of Peace for handing out leaflets containing the photos of Kurdish people's leader Abdullah Öcalan and for demanding his freedom and freedom for political prisoners in the district of Bağlar in Amed on 6 february 2015.

Eker and Özbek, members of the Peace and Democracy Party (BDP), were sued for "making propaganda for an illegal organization".

In the case held at Diyarbakır 4th High Criminal Court, Eker and Özbek were sentenced to 10 months imprisonment for "making propaganda for an illegal organization" on 5 May 2015.

Gülşen Özbek lawyers of the defendants applied to the Constitutional Court on the grounds that her clients' right to freedom of thought and expression was violated.

In the defense sent by the Ministry of Justice, he advocated the view that "carrying out activities that legitimize terrorism or terrorist activities, leaders, executives, the purpose and means of terrorism should not be evaluated in the context of the right to freedom of expression".

Considering the decision within the scope of domestic law and European Union legislation, the Constitutional Court unanimously decided that the applicants' right to freedom of thought and expression was violated by referring to the decisions of the Constitutional Court and the European Court of Human Rights on freedom of thought and expression.

Rejecting the compensation request, the Constitutional Court decided to send the file to Diyarbakır 4th High Criminal Court for the re-trial of Eker and Özbek.