Candemir was on trial on the charge of “insult” over his posts about a vehicle leasing tender of Van Metropolitan Municipality

NİMET ÖLMEZ, VAN

Journalist Oktay Candemir, who reported on the TL 2.5 million car rental tender organized by the Van Metropolitan Municipality under the trustee administration before President Recep Tayyip Erdoğan's rally in 2022, was acquitted in the lawsuit he was charged with “insult.”

Candemir's news posts dated June 2022, which were the subject of the lawsuit, stated that Van Metropolitan Municipality under the trustee administration held a two-day car rental tender for the rally held in Van on 11 June 2022 with the participation of President Erdoğan, and that the rented vehicles were used to transport people from the surrounding districts to the rally free of charge. The posts also included information that the tender was held in accordance with Article 21-b of the Public Procurement Law No. 4731, which should only be used in emergencies such as natural disasters, epidemics, loss of life and property, and that the company owned by former AKP executive Çetin Can, won the tender. Claiming that the company did not belong to him, Çetin Can filed a complaint against Candemir on charges of “defamation” and “insult,” and a lawsuit was filed against Candemir.

Candemir's hearing at Van 9th Criminal Court of First Instance on the charge of “insulting through an audio, written or video message” was held according to the simple trial procedure.

In the reasoned decision of Van 9th Criminal Court of First Instance dated 10 September 2024, it was stated that the defendant and the plaintiff were notified in accordance with the simple trial procedure, and that the parties did not submit any defense or declaration petition. The following statements were made in the decision: “When the content of the posts in question and the content of the post in the expert report in the file are examined, it is understood that they are not in the nature of offending the honor, honor and dignity of the interlocutor, but are in the nature of heavy criticism that is disturbing, out of courtesy, so the elements of the crime of insult did not occur, and it was necessary to decide to acquit the defendant of insult.”

Reconciliation offer

Oktay Candemir stated that Çetin Can's lawyers called him before the hearing and offered to reconcile. Candemir said that he did not accept the lawyers' offer of reconciliation, and replied “I stand by the news, I will prove the accuracy of my news in court.”

Candemir stated that the court's acquittal decision regarding his news article was positive in terms of freedom of the press.