“Freedom is essential and constraint is exceptional” the Supreme Court of Appeals said in its ruling. “In the current century, in our country which we believe is modern, in our extant judicial system in which we trust under all circumstances, there is need to have a more tolerant and wider view in the name of being a free society that is composed of free individuals” the court said.
Say had received a suspended 10-month prison sentence in April 2013 on charges of “insulting religious beliefs held by a section of society” for retweeting several lines attributed to 11th-century Persian poet Omar Khayyam.
In October, the 8th Criminal Chamber of the Supreme Court of Appeals ruled by a majority vote that Say's Twitter posts which had led to his sentence should be regarded as freedom of thought and expression and thus should not be punished.
In its detailed ruling completed earlier this week, the court maintained that Say didn't aim to “insult religious values embraced by a part of the people.”
While retweeting, Say didn't “call for or advise violence,” the court said, underlining that Say used his “freedom of expression in a legal framework.”
Among the lines attributed to Khayyam which Say retweeted was: “You say its rivers will flow in wine. Is the Garden of Eden a drinking house?”