T24 columnist and P24’s founding president Hasan Cemal was acquitted of the charge of “insulting the president” over two social media posts he shared in 2016 and 2020

CANSU PİŞKİN, İSTANBUL

The first hearing in the trial of Hasan Cemal, a columnist for T24 news portal and the founding president of P24, on the charge of “insulting the president” under Article 299 of the Turkish Penal Code (TCK) was held at the İstanbul 41st Criminal Court of First Instance on 12 April 2022.

P24 monitored the hearing. Hasan Cemal and his lawyer Fikret İlkiz were in attendance.

Hasan Cemal addressed the court and argued that he did not commit any “crimes” in his defense statement. “Whatever I have said or written, it all falls within the scope of freedom of expression. There is no insult in any of them, nor is there an intent to insult. While stressing this point, I am dreadfully bored; I feel distressed. Who knows how many times I have uttered these words over the years. I am 78 years old, and I sadly see that nothing has changed,” said Cemal.

Noting that insult cases constituted a restriction on his freedom of expression, Cemal said, “You practice journalism for 54 years, you write and write, and nothing ever changes; you cannot live life gleefully. So pitiful, so tragic. And so boring, at that. As for my last remarks, insult cases are stifling freedom of expression in this country.”

Fikret İlkiz, Cemal’s lawyer, adressed the court next, and said, “I, too, am extremely bored with my client’s cases under TCK 299. I have nothing else to add at this stage.”

The presiding judge said that President Recep Tayyip Erdoğan’s lawyer requested to join the case. İlkiz asked the court to reject the President’s request. The court, however, accepted President Erdoğan’s request to join the case due to the possibility of him having been harmed by the alleged offense.

The trial prosecutor asked the court to acquit Hasan Cemal, stating that the veteran journalist’s posts should be considered as comments and criticism, and therefore fell within the scope of freedom of expression.

Announcing its decision at the end of the hearing, the İstanbul 41st Criminal Court of First Instance ruled to acquit Hasan Cemal of the charge of “insulting the president” on the grounds that the elements of the impugned crime did not exist.

About the case 

The Press Crimes Bureau of the İstanbul Chief Public Prosecutor’s Office issued an indictment against Cemal on the charge of “insulting the president” over two social media posts he shared in 2016 and 2020.

The indictment cited two social media posts shared by Cemal as evidence of the crime of “insulting the president”: a social media post, shared on 19 July 2016, that read, “The only criterion of being a democrat is not only to oppose the military coup attempt; it’s also saying no to ever-deepening coup of Erdoğan!” and a social media post where Cemal shared an article titled “Hilafet” (“Caliphate”) by T24 columnist Murat Belge, originaly published on 15 July 2020, with the caption, “If caliphate is to come back, presumably Tayyip Erdoğan will be the caliphate.” The indictment was subsequently accepted by the İstanbul 41st Criminal Court of First Instance.