Daktilo 1984Daktilo 1984
    • Hakkımızda
    • İletişim
    • E-Bültene Abone Ol
    Facebook Twitter Instagram Telegram
    Twitter Facebook YouTube Instagram WhatsApp
    Daktilo 1984Daktilo 1984
    Destek Ol Abone Ol
    • İZLE
      • Çavuşesku’nun Termometresi
      • Varsayılan Ekonomi
      • 2’li Görüş
      • İki Savaş Bir Yazar
      • Yakın Tarih
      • Mayhoş Muhabbetler
      • Tümünü Gör
    • OKU
      • Yazılar
      • Röportajlar
      • Çeviriler
      • Asterisk2050
      • Yazarlar
    • DİNLE
      • Çerçeve
      • Zedcast
      • Tuhaf Zamanların İzinde
      • SenSensizsin
      • Tümünü Gör
    • D84 FYI
      • Hariçten Gazel
      • Avrupa Gündemi
      • ABD Gündemi
      • Altüst
    • D84 INTELLIGENCE
      • Kitap Yorum
      • Göç Sorunu
      • Başkanlık Sistemi Projesi
      • Devlet Kapasitesi Liberteryenizmi
      • Herkes için Siyaset Bilimi
      • Yapay Zeka
    Daktilo 1984Daktilo 1984
    Anasayfa » An Analysis of Unending Prosecutions: The Crime of Insulting President
    D84 INTELLIGENCE

    An Analysis of Unending Prosecutions: The Crime of Insulting President

    Begüm Burak27 Haziran 202210 dk Okuma Süresi
    Paylaş
    Twitter Facebook LinkedIn Email WhatsApp

    Introduction

    Freedom of expression and a free and independent judiciary mechanism are among key freedoms in liberal democracies. In liberal democracies, citizens have a right to express their opinions without the fear of severe punishment on political issues like the criticism of officials, and the prevailing ideology. This article is an attempt to analyze the cases opened against people for ‘insulting’ president Recep Tayyip Erdoğan. It can be argued that the opening of these defamation cases is an extension of a tradition of targeting freedom of expression as well as being a reflection of growing authoritarianism and the collapse of judicial independence in Turkey.

    Freedom of Expression at Stake: An Overview of Turkish Context

    Article 26 of the Turkish Constitution regulates freedom of expression. According to Constitution, “everyone has the right to express and disseminate his/her thoughts and opinions by expression, in writing or in pictures or through other media, individually or collectively…” The principle of freedom of expression has always been on shaky ground in Turkey. The laws such as the law concerning crimes committed against Atatürk and Article 301 of the Turkish Penal Code which prohibits insulting Turkey, the Turkish nation, or national heroes such as Atatürk have been used repeatedly to curb freedom of expression. In addition, the Prevention of Terrorism Act has been used in a similar way.

    In previous decades, most freedom of expression related prosecutions were about the denigration of Atatürk and the territorial integrity of Turkey. In the ruling Justice and Development Party period, these have been replaced by prosecutions involving denigration of Islam, and defamation of the president. There has been a noticeable rise in the number of defamation cases filed after the election of Recep Tayyip Erdoğan as president. Of the total of 6.860 cases filed between 2010 and 2016, 6.272 were filed in the period 2014-2016. [1]

    The Crime of ‘Insulting’ President

    Article 299 of the Turkish Penal Code says that “Any person who insults the President of the Republic shall be sentenced to a penalty of imprisonment for a term of one to four years. Where the offence is committed in public, the sentence to be imposed shall be increased by one sixth. The initiation of a prosecution for such offence shall be subject to the permission of the Minister of Justice.”  Even though the law notes that the prosecution is subject to the permission of the Minister of Justice, this is purely procedural. Insulting the president is punishable by up to four years in prison, but the law has previously been invoked only rarely. During the era of Abdullah Gül’s presidency, the number of the cases filed under Article 299 had been 858. However, under the presidency of Recep Tayyip Erdoğan only in the year of 2020 31.297 investigations were launched. [2]

    The investigations were launched not only for adults but even for school children. In 2020, 290 children were prosecuted with the offence of insulting Erdoğan. 84 of the 290 children were in the 12-15 age group and 206 were in the 15-18 age group. [3] In 2014, a 16-year-old student in Konya was arrested. In 2016 a 13-year old student was sentenced to 1 year and 9 months of imprisonment over a Facebook post while the execution of the verdict was deferred. [4] Similarly, in 2018, the university students faced accusations of insulting Erdoğan for holding up a satirical banner in the graduation ceremony of Middle Eastern Technical University. The students were arrested and then released after Erdoğan’s lawyer had withdrawn the lawsuits.

    Artists have been in the other group being targeted by the cases filed under Article 299. In 2015, sculptor Mehmet Aksoy was convicted for “insulting Erdoğan” after saying “I’m not going to invest illicit money in making a sculpture.” which he made after winning another case he had filed against Erdoğan. Prosecutors demanded 56 months in jail for the artist who allegedly insulted the president by saying his earnings were illegitimate. [5] In 2017, Pianist Dengin Ceyhan was detained with the same charge. Another example is actor Müjdat Gezen. Gezen (78) was summoned to give a statement to prosecutors after his statements he made about Erdoğan in the broadcast of Halk TV in 2018. As a more recent example, in April 2021, the 83-year-old actor Genco Erkal gave his testimony in an investigation concerning charges of “insulting Erdoğan”.

    The issue of insulting the president has generated an atmosphere of polarization even in family relationships. An example revealing this occurred in 2016. A man filed a legal complaint against his wife on the grounds that she insulted Erdoğan. According to news reports, the man had warned his wife not to curse Erdoğan when he appeared on television and she defied him. [6]

    Social media has been one of the arenas through which the crime of “insulting the president” is allegedly committed. Twitter posts may cause serious legal troubles and even imprisonment for the users if they are convicted. Such a case occurred in November 2021, legal proceedings were initiated against 30 citizens over Twitter posts saying that Erdoğan had died and one citizen was put under house arrest [7]. After an investigation into 36 social media accounts, detention warrants were issued for 8 users on grounds of sharing “insulting” posts about Erdoğan and four were detained. Another case was opened against lawyer Efkan Bolaç. Bolaç was put on trial for “insulting Erdoğan” due to the Carlos Latuff cartoons that he shared on social media. The first hearing of this case will be held in September 2022.

    On the other hand, it is almost an everyday-routine to see people from political opposition facing accusations of ‘insulting’ Erdoğan. In January 2022, a probe was launched against two deputies Engin Özkoç and Aykut Erdoğdu of the main opposition Republican People’s Party for the comments they made on TV. Nonetheless, the defamation cases do not have a fixed character which only targets the people belonging to political opposition. There are quite different groups of people who have been subjected to the conviction of “insulting Erdoğan”. For example, in 2015, at the funerals of martyrs in different cities of Turkey, the relatives of martyrs who rebelled with their pain were arrested on the charge of “insulting Erdoğan” [8]

    Journalists have been among the people who have suffered the most from being offended on the grounds of insulting Erdoğan. An example is the case opened in 2015 against Perihan Mağden. Mağden was accused for an interview in which she described Erdoğan as a ‘wild tiger’ and ‘like a wild animal trapped in a corner’. The indictment stated that Mağden’s statements “went far beyond criticism and clearly could be regarded as insult.” Another journalist who was convicted is Hasan Cemal. A lawsuit was filed against Cemal for his social media posts. A recent example of the imprisonment of a journalist was witnessed on January 22, 2022. Sedef Kabaş was detained for insulting Erdoğan and sent to prison despite not naming Erdoğan directly in a proverb saying: “When the ox comes to the palace, he does not become a king, but the palace becomes a barn.” Facing up to 12 years and 10 months in prison Kabaş was released after spending 49 days under arrest. [9]

    According to Benjamin Ward, Europe and Central Asia director at Human Rights Watch insulting the president should not be a crime. [10] However, Erdoğan argues that defamation in the name of freedom of speech cannot be accepted. Ward says:“Under the premise of limitless freedom [of speech] new victims are emerging every day. The victims can’t find any authority or any legal institution to claim their rights. A system where the one who commits the crime gets away with, it can’t be labeled as freedom.” [11]

    The crime of insulting an ordinary citizen is punishable by imprisonment from 3 months to 2 years according to Article 125 of the Penal Code whereas if the same crime is committed against the president the imprisonment is from 1 year to 4 years. Article 90 of the Turkish Constitution states that international treaties to which Turkey is a party hold the force of law. If a conflict occurs between treaties relating to fundamental rights and freedoms and Turkish laws, the former prevail over the latter. It is obvious that the European Convention on Human Rights prevails over Turkish law in the event of conflict. The fact that the Turkish Penal Code provides more protection for state officials than it does for ordinary citizens against the crime of insulting is contradictory to European Convention on Human Rights. [12]

    Conclusion

    The transformation of Turkey into presidential system in which the president holds more control over the executive, legislative and judicial branches has led to an environment of rising authoritarianism. The cases opened against people for ‘insulting’ president reveal this authoritarianism. The demonization and criminalization of critical voices is a sign of the politicization of the judiciary and a blow to rule of law as the crime of insulting president is controversial in terms of law. There are discussions such as which words will be considered as insults, and whether the law protects an office or the personality of the president. There are also contradictions between the decisions of the Turkish courts and the decisions of the European Court of Human Rights regarding the crime of insulting president.

    The people who have faced trial for insulting Erdoğan include politicians, journalists, artists, academics and even school children. Preventing citizens from expressing themselves on political issues without the danger of punishment is a practice totally at odds with liberal democratic norms. As long as Article 299 of the Turkish Penal Code continues to be used to punish political expressions, the convictions and grievances contrary to the rule of law will occur in many cases. It is clear that legal practices that vary from person to person will cause the state apparatus to be questioned in every aspect. Turkey is a unique country having a rich population mosaic of different ethnicities, religions and worldviews and forcing everyone to think alike will never work. Those who allow the judiciary system to be used as a tool of pressure and punishment on society will see that this tool of punishment can also be used against them when they lose power.

    References

    [1] Y. Akdeniz, Y. and K. Altıparmak,  “Turkey: Freedom of expression in jeopardy”, 2020, available at https://www.englishpen.org/wp-content/uploads/2020/07/Turkey_Freedom_of_Expression_in_Jeopardy_ENG.pdf   
    [2] A. Ekber Şen, “Erdoğan’a hakaretten 63 bin 41 kişiye dava açıldı”, Nov. 13, 2020, available at  https://www.sozcu.com.tr/2020/gundem/erdogana-hakaretten-63-bin-41-kisiye-dava-acildi-6123830/
    [3] Bianet, “’Insulting Erdoğan’: Nearly 10,000 people stood trial in a year, including 290 children”, July 21, 2021, available at https://bianet.org/english/freedom-of-expression/247507-insulting-erdogan-nearly-10-000-people-stood-trial-in-a-year-including-290-children
    [4] C. Tecimer, “The Curious Case of Article 299 of the Turkish Penal Code: Insulting the Turkish President”, July 20, 2018.,available at  https://verfassungsblog.de/the-curious-case-of-article-299-of-the-turkish-penal-code-insulting-the-turkish-president
    [5] IslamTimes.org “Turkish sculptor faces 4-year jail for ‘insulting’ Erdogan”, June 24, 2015, available at  https://www.islamtimes.org/en/news/468712/turkish-sculptor-faces-4-year-jail-for-insulting-erdogan
    [6] I. Tharoor, “Turkish man sues wife for insulting President Erdogan”, Feb. 23, 2016,  available at   https://www.washingtonpost.com/news/worldviews/wp/2016/02/23/turkish-man-sues-wife-for-insulting-president-erdogan/
    [7] ABC News, “Turkey: 30 probed for Twitter posts suggesting Erdogan died”, Nov. 3, 2021, available at https://abcnews.go.com/International/wireStory/turkey-30-probed-twitter-posts-suggesting-erdogan-died-80946230
    [8] B. Kolbüken, “Cumhurbaşkanına Hakaret Suçu Üzerine bir Deneme”, Ankara Baro Dergisi, No: 3, (2015): 33-50.
    [9] Hürriyet Daily News, “Journalist Sedef Kabaş released after trial”, March 11, 2022, available at  https://www.hurriyetdailynews.com/journalist-sedef-kabas-released-after-trial-172146
    [10] Human Rights Watch, “Turkey: End Prosecutions For ‘Insulting President’”, Oct. 17, 2018,  available at  https://www.hrw.org/news/2018/10/17/turkey-end-prosecutions-insulting-president
    [11]Middle East Monitor, “Erdoğan: Defamation in the name of freedom of speech should stop”, Dec. 2, 2020, available at  https://www.middleeastmonitor.com/20201202-erdogan-defamation-in-the-name-of-freedom-of-speech-should-stop/
    [12] C. Tecimer, “The Curious Case of Article 299”

    Fotoğraf: Milad Fakurian

    Hukuk Siyaset
    Paylaş Twitter Facebook LinkedIn Email WhatsApp
    Önceki İçerikMerkez Bankası Faiz Kararı: Son Çıkış Kaçtı
    Sonraki İçerik Seçimi Kazanmak Yeter mi? | Çavuşesku’nun Termometresi #114

    Diğer İçerikler

    Videolar

    Parlamenter Sistem Nasıl Geri Gelecek? | Çavuşesku’nun Termometresi #252

    8 Mayıs 2025 Melis Konakçı, İlkan Dalkuç ve Burak Bilgehan Özpek
    D84 INTELLIGENCE

    Turkey and Israel: Intense Geopolitical Rivalry from the Mediterranean to Central Asia

    8 Mayıs 2025 Reza Talebi
    Yazılar

    Savaşların Kazananı Olur Mu?

    7 Mayıs 2025 Oytun Meçik

    Yorumlar kapalı.

    Güncel İçerikler

    ABD Gündemi: Trump’ın İlk 100 Günü, Sol Muhalefet Meydanlarda, Kamuda Tasfiyeler, Mineral Anlaşması

    10 Mayıs 2025 Bültenler Emrullah Özdemir

    Turkey and Israel: Intense Geopolitical Rivalry from the Mediterranean to Central Asia

    8 Mayıs 2025 D84 INTELLIGENCE Reza Talebi

    Savaşların Kazananı Olur Mu?

    7 Mayıs 2025 Yazılar Oytun Meçik

    Dünya Gündemi: İsrail Gazze’yi Kalıcı Şekilde İşgale Hazırlanıyor

    6 Mayıs 2025 Bültenler Bahadır Çelebi

    E-Bültene Abone Olun

    Güncel içeriklerden ilk siz haberdar olun




    Archives

    • Mayıs 2025
    • Nisan 2025
    • Mart 2025
    • Şubat 2025
    • Ocak 2025
    • Aralık 2024
    • Kasım 2024
    • Ekim 2024
    • Eylül 2024
    • Ağustos 2024
    • Temmuz 2024
    • Haziran 2024
    • Mayıs 2024
    • Nisan 2024
    • Mart 2024
    • Şubat 2024
    • Ocak 2024
    • Aralık 2023
    • Kasım 2023
    • Ekim 2023
    • Eylül 2023
    • Ağustos 2023
    • Temmuz 2023
    • Haziran 2023
    • Mayıs 2023
    • Nisan 2023
    • Mart 2023
    • Şubat 2023
    • Ocak 2023
    • Aralık 2022
    • Kasım 2022
    • Ekim 2022
    • Eylül 2022
    • Ağustos 2022
    • Temmuz 2022
    • Haziran 2022
    • Mayıs 2022
    • Nisan 2022
    • Mart 2022
    • Şubat 2022
    • Ocak 2022
    • Aralık 2021
    • Kasım 2021
    • Ekim 2021
    • Eylül 2021
    • Ağustos 2021
    • Temmuz 2021
    • Haziran 2021
    • Mayıs 2021
    • Nisan 2021
    • Mart 2021
    • Şubat 2021
    • Ocak 2021
    • Aralık 2020
    • Kasım 2020
    • Ekim 2020
    • Eylül 2020
    • Ağustos 2020
    • Temmuz 2020
    • Haziran 2020
    • Mayıs 2020
    • Nisan 2020
    • Mart 2020
    • Şubat 2020
    • Ocak 2020
    • Aralık 2019
    • Kasım 2019
    • Ekim 2019
    • Eylül 2019
    • Ağustos 2019
    • Temmuz 2019
    • Haziran 2019
    • Mayıs 2019
    • Nisan 2019
    • Mart 2019

    Categories

    • Asterisk2050
    • Bültenler
    • Çeviriler
    • D84 INTELLIGENCE
    • EN
    • Forum
    • Özetler
    • Podcast
    • Röportajlar
    • Uncategorized
    • Videolar
    • Yazılar
    Konular
    • Siyaset
    • Ekonomi
    • Dünya
    • Tarih
    • Kültür Sanat
    • Spor
    • Rapor
    • Gezi
    İçerik
    • Yazılar
    • Podcast
    • Forum
    • Röportajlar
    • Çeviriler
    • Özetler
    • Bültenler
    • D84 INTELLIGENCE
    Konular
    • Siyaset
    • Ekonomi
    • Dünya
    • Tarih
    • Kültür Sanat
    • Spor
    • Rapor
    • Gezi
    Sosyal Medya
    • Twitter
    • Facebook
    • Instagram
    • Youtube
    • LinkedIn
    • Apple Podcast
    • Spotify Podcast
    • Whatsapp Kanalı
    Kurumsal
    • Anasayfa
    • Hakkımızda
    • İletişim
    • Yazarlar
    • İçerik Sağlayıcılar
    • Yayın İlkeleri ve Yazım Kuralları
    © 2025 DAKTİLO1984
    • KVKK Politikası
    • Çerez Politikası
    • Aydınlatma Metni
    • Açık Rıza Beyanı

    Arama kelimesini girin ve Enter'a tıklayın. İptal etmek için Esc'ye tıklayın.

    Çerezler

    Sitemizde mevzuata uygun şekilde çerez kullanılmaktadır.

    Fonksiyonel Her zaman aktif
    Sitenin çalışması için ihtiyaç duyulan çerezlerdir
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    İstatistik
    Daha iyi bir kullanıcı deneyimi sağlamak için kullanılan çerezlerdir The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Pazarlama
    Size daha uygun içeriklerin iletilmesi için kullanılan çerezlerdir
    Seçenekleri yönet Hizmetleri yönetin {vendor_count} satıcılarını yönetin Bu amaçlar hakkında daha fazla bilgi edinin
    Seçenekler
    {title} {title} {title}