The crime of insulting the President is an offense regulated under Article 299 of the Turkish Penal Code (TPC). This crime is considered committed when statements are made that damage the honor, dignity and reputation of the President. According to TPC 299, in the crime of insulting the President, insults committed in public places can increase the penalty. The penalty can include imprisonment from one year to four years.
Increase in Cases of Insulting the President: Political Dynamics and Freedom of Expression
In Turkey, the number of people prosecuted for the crime of insulting the President has increased significantly in recent years. This situation stems from the frequent application of the crime of “insulting the President” regulated under Article 299 of the Turkish Penal Code (TPC).
Especially in the post-2014 period, the number of cases and investigations opened for this crime in Turkey has increased significantly compared to previous years. According to data from the Ministry of Justice, during this period investigations were initiated against tens of thousands of people and thousands of cases were filed.
Among the reasons for this increase, digitalization and the spread of social media occupy an important place. People frequently face accusations of insulting the President due to their posts on social media platforms. Expressions used on social media often spread quickly, become public property and are used as evidence.
Cases of Insulting the President in the 2014 and Post Period
With the election of Recep Tayyip Erdoğan to the Presidency in 2014 and the subsequent transition to the Presidential Government System in 2018, the President became the head of not only the state but also the executive. This situation led to an increase in criticisms directed at the President and these criticisms becoming the subject of more lawsuits. Especially with the transition to the Presidential Government System, cases and investigations filed with accusations of insulting the President gained great momentum. During this process, the spread of digitalization and the use of social media platforms directly affected the number of these cases.
The deepening of political polarization in Turkey has increased the likelihood of criticisms directed at the President being perceived as insults. Criticisms of government policies being evaluated at the border of insult has become more common.
According to Ministry of Justice data:
- Between 2014-2020: More than 38,000 cases were filed.
- In 2020:
- 31,297 investigations were initiated,
- 7,790 cases were filed,
- 3,655 people were convicted.
- In 2021: The number of cases filed reached 9,168.
- In 2022: This number increased further to 16,753.
This data reveals that cases of insulting the President have become one of the most frequently committed crimes in Turkey. Political criticisms and social media use are among the main reasons for this increase. A report on the number of cases of insulting the President has been published on the website www.dogrulukpayi.com. You can click for detailed information.
What is the Penalty for the Crime of Insulting the President (TPC 299)?
The Crime of Insulting the President is regulated in Article 299 of the Turkish Penal Code in the Section on Crimes Against the Symbols of State Sovereignty and the Dignity of Its Organs.
Insulting the President Article 299-
“(1) A person who insults the President shall be punished with imprisonment from one year to four years.
(2) If the crime is committed publicly, the penalty to be imposed shall be increased by one-sixth.
(3) Prosecution for this crime is subject to the permission of the Minister of Justice.”
The penalty for the crime of insulting the President varies according to the circumstances in which the crime was committed:
- Standard Penalty: Imprisonment from one year to four years.
- Aggravating Circumstances: If committed publicly, the penalty can be increased.
- Context and Intent: The context in which the crime was committed is an important factor in determining the penalty.
How can I avoid the penalty for insulting the President? Getting legal support and creating a strong defense strategy can be the answer to this question.
How is a Case of Insulting the President Filed?
The crime of insulting the President generally proceeds to the prosecution stage by opening an investigation upon complaint. The process is as follows:
- Investigation: The Public Prosecutor’s Office investigates the crime of insult.
- Ministry of Justice: Filing the case is subject to the permission of the Minister of Justice.
- Indictment: If there is sufficient evidence that a crime has been committed, a case is filed.
- Case Process: The question In what cases is a case of insulting the President filed? may vary according to the context of the crime.
How to Defend Against the Crime of Insulting the President?
The defense strategy in the crime of insult varies according to the context of the incident and the nature of the evidence. For example:
- Criticism or Insult? In the defense, it can be emphasized that criticism is evaluated within the scope of freedom of expression. The vast majority of investigations initiated for the crime of insulting the President clearly violate the Right to Freedom of Expression and Thought regulated in international conventions, especially the Constitution. For this reason, receiving legal service from a lawyer working in the field of human rights from the investigation stage has an important place.
- What are the limits of freedom of expression in the crime of insult? A detailed analysis of the context of the statements is made by seeking an answer to the question. In this process, as we explain in detail below, the discussion must be made within the limits of freedom of expression. Many expressions evaluated as insults cease to be crimes when discussed in this context.
Legal Support: Lawyer support in cases of insulting the President is important for the effective presentation of evidence and management of the judicial process. As we stated, it is very important that you get support from a lawyer who has work in the field of human rights. Even if penalties are given in these cases, there is the possibility of individual application to the European Court of Human Rights (ECHR), especially the Constitutional Court.
The Role of Social Media in the Crime of Insult
Is the crime of insult valid in social media posts? Yes, social media posts are one of the areas where the crime of insult is committed. Because expressions on these platforms spread quickly in the digital environment, they are frequently used as evidence in case processes. One of the basic principles of democratic society is the free criticism of political power. In today’s digitalized society, these areas of criticism are often social media and other internet environments, and unfortunately the political power resorts to this punishment to limit criticisms in this area.
The Crime of Insulting the President in the Context of the Constitution: The Right to Freedom of Expression and Thought
To understand whether the material and moral elements of the Crime of Insulting the President have occurred, we must look at the Constitution. In the Constitution, the right to freedom of expression and thought, especially the special forms of this right, are clearly regulated. These regulations occupy an important place in all investigation and case stages.
Article 25 of the Constitution; “Everyone has the right to freedom of thought and opinion. For whatever reason and purpose, no one can be forced to disclose their thoughts and opinions; they cannot be blamed or accused because of their thoughts and opinions.” and Article 26; “Everyone has the right to express and disseminate their thoughts and opinions by speech, writing, pictures or other means, individually or collectively. This freedom also includes the freedom to receive or impart information or ideas without interference by official authorities. The provision of this paragraph does not prevent the publication by radio, television, cinema or similar means from being subject to a permission system.” contains the provisions.
Freedom of Expression in the Context of International Conventions
In accordance with Article 90/5 of the Constitution of the Republic of Turkey, international conventions that have entered into force in accordance with the procedure have the force of law. In this context, the rights and freedoms regulated in the ECHR should be evaluated as part of our domestic law. Article 10 of the Convention regulates freedom of expression and Article 11 regulates freedom of association and guarantees them. The European Court of Human Rights has explained these rights regulated in the convention through its case law and has revealed universal criteria.
ECHR Art. 10: “Everyone has the right to freedom of expression. This right includes freedom of opinion and freedom to receive and impart information and ideas without interference by public authorities and regardless of frontiers.”
European Court of Human Rights (ECHR) Sample Decisions
The Court made the following comment in summary regarding the punishment of a journalist named Lingens for using the expressions “DESPICABLE OPPORTUNIST, IMMORAL, DISHONORABLE” in an article about Austrian Prime Minister Kreisky:
“..then the acceptable limits of criticism directed at a politician are wider than the limits of criticism directed at a private person. A politician, unlike a private person, knowingly and inevitably opens every word and action to the close scrutiny of journalists and the public; therefore, he must show greater tolerance. There is no doubt that paragraph 10(2) of the convention allows the protection of the reputation of others, that is, all individuals; this protection also includes politicians when they act outside their personal capacity. However, in such cases, the requirements of such protection must be weighed in connection with the benefit of openly discussing political issues…”
“…it is understood that the interference with the applicant’s exercise of freedom of expression was not an interference “necessary in a democratic society for the protection of the reputation of others” and was not proportionate to the legitimate aim pursued. Accordingly, Article 10 of the convention has been violated…”
“HANDYSIDE vs UNITED KINGDOM” Decision
With this decision, the Court first condemned the United Kingdom by stating that “freedom of expression has an unlimited value, such freedom must be protected even if it disturbs a large part of the public.”
Continuing in the same decision, “the thoughts put forward by individuals as a result of exercising their right to expression will not constitute a crime; when the right to criticize is used, even if it is heavy, harsh and hurtful, no sanction will be applied to the person, this issue is an indispensable element of pluralist democracies, because criticism is a democratic right given to the person” was recorded and the settled case law of the ECHR was also shaped in this direction.
Vedat Şorli Turkey Decision: The Impact of the ECHR on Cases of Insulting the President
The Vedat Şorli Turkey Decision is given by the European Court of Human Rights (ECHR) and is accepted as an important turning point in cases related to the crime of insulting the President. This decision questions the compatibility of cases filed under TPC 299 with freedom of expression and opens for discussion the compliance of legal practices in Turkey with international standards.
This decision of the ECHR has called for re-evaluating the line between criticism and insult and has brought to the agenda whether TPC 299 is compatible with freedom of expression in democratic societies. You can read the decision by clicking here.
In the decision of the ECHR dated October 19, 2021 with application number 42048/19, it was decided that the prison sentence given for the crime of insulting the President in accordance with TPC Art. 299 violated freedom of expression and that this provision should be brought into compliance with case law in accordance with Article 46 of the Convention.
The applicant Vedat Şorli was detained due to two posts he made on the social media platform called Facebook and was arrested for 2 months and 2 days for the crimes of insulting the President in accordance with TPC Art. 299 and making propaganda for a terrorist organization in accordance with Anti-Terrorism Law Art. 7/2. As a result of the trial, the applicant was sentenced to 11 months and 20 days imprisonment for the crime of insulting the President and it was decided to postpone the announcement of the verdict. The applicant’s first Facebook post is about sharing a photo collage published by another Facebook user on October 30, 2014, featuring the President of the Republic of Turkey and former United States President Barack Obama. In the collage; “there is a caricature of former US President Barack Obama kissing the President of the Republic of Turkey depicted in women’s clothing. In the speech balloon written in Kurdish on the speech balloon on the picture of President Erdoğan of the Republic of Turkey, “Will you make the title deed of Syria in my name, my husband?” sentence is included. It is understood that the second Facebook post was also published by another Facebook user on March 15, 2016, and in the post, photos of former Prime Minister of the Republic of Turkey Ahmet Davutoğlu and President of the Republic of Turkey Tayyip Erdoğan were shared with the following comments: “May your power that feeds on blood sink to the ground/ May your seats that we strengthen as we take lives sink to the ground/ May your luxury lives that you live with the dreams you stole sink to the ground/ May your presidency/ May your power/ May your ambitions/ Sink to the ground!!!”. are the posts.
The applicant applied to the European Court of Human Rights claiming that freedom of expression was violated. The ECHR determined that the applicant was subjected to the investigation and case in question due to his satirical critical posts, and with reference to the views of the Venice Commission and Council bodies regarding TPC Art. 299, stated that increased protection cannot be provided to the President with a special law article and that even symbolic fines would constitute interference.
The View of the Venice Commission and the Council of Europe on the Crime of Insulting the President
The Venice Commission and Council of Europe bodies have presented important criticisms and evaluations regarding practices related to the crime of insulting the President in Turkey. These institutions have examined the effects of prosecutions made under TPC 299 on freedom of expression and questioned the compliance of these regulations with democratic society standards.
If we briefly touch on the opinion of the Venice Commission, which carries out its activities as the advisory body of the Council of Europe, dated March 15, 2016 and numbered 831/2015; it was recommended that Articles 216, 299, 301 and 314 of the Turkish Penal Code be brought into compliance with the Commission’s advisory opinions. In the advisory opinion; it was stated that investigations or cases were opened against many journalists, writers, social media users in accordance with TPC Art. 299, that imprisonment from one year to four years was stipulated in the relevant article, that if this crime was committed publicly, the penalty could be increased by one-sixth, that these would create a self-censorship effect on the individual, would cause a deterrent effect, that the European consensus pointing out that insult to the Head of State should be decriminalized or this crime should be limited only to very serious forms of verbal assault should be taken into account, that the only solution to prevent further violation of Article 10 of the Convention was the complete repeal of Article 299. In summary, the Venice Commission accepted that the application of TPC Art. 299 was deeply incompatible with the Convention and especially that this practice was incompatible with the case law of the European Court of Human Rights regarding giving special privilege or protection to heads of state, and stated that keeping heads of state away from criticism solely because of their duties or status could not be reconciled with modern political practices and understandings.
Why Should You Choose Us?
In complex and sensitive legal processes such as cases of insulting the President, getting support from an expert team increases your chances of success. As BB Law & Legal Consultancy, we offer you the most effective legal solutions with our experience in this field. Here are the main reasons to choose us:
1. Expertise in Cases of Insulting the President
We act with our deep knowledge in cases filed under TPC 299. We carefully prepare your defense by understanding the fine line between the crime of insult, criticism and freedom of expression.
2. Individual Approach and Solution-Oriented Service
We know that every case is unique. For this reason, we develop defense strategies specific to you and manage the entire process transparently.
3. Fast and Effective Legal Support
We know the complexity of cases and the importance of time. We work to protect your rights by taking quick action.
4. Expertise in Social Media and Digital Evidence
A large part of insult crimes stem from social media posts. We are with you with our expertise in the analysis and effective use of digital evidence.
5. Ethical and Professional Approach
We act without compromising ethical values throughout the legal process and represent you in the best way.
By working with BB Law & Legal Consultancy, you can manage your legal process with confidence and achieve the best results. If you are looking for an expert team in cases of insulting the President, contact us immediately!