‘Academics Can Sue President for Damages’

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Attorney Ergin Cinmen and Attorney Fikret İlkiz have noted that the academics could sue President Recep Tayyip Erdoğan for damages on account of defaming them using expressions such as “crappy so-called, scum, half-portion intellectuals”.

Cinmen has pointed that especially the academics into whom investigation has been launched should sue for damages.

“It is supposed that the President does not commit crimes. Therefore they can not be judged. Even when the citizens file criminal complaints, the prosecution receive their petition but do not put it in process pointing out to the related article of the constitution as justification. Also the path to the Constitutional Court is closed which means that there is also no access to the European Court for Human Rights (ECtHR). There is no need to engage in criminal action.

“What the academics should do at this point is to sue the President for moral damages due to defamation before the registered court of first instance on the grounds of Code of Obligations. Especially the academics whom investigation has been launched into, should sue. Because the President, the leader of the public has obviously defamed a certain fraction of the society which certainly generates the right to compensation of damages. They could immediately sue the President for moral damages just like they could sue any regular citizen”.

Attorney İlkiz has also noted that the academics could file criminal complaint against the President and sue for damages on the grounds of the Code for Obligations. (NY/YY/DG)

Photograph: AA/Mehmet Ali Özcan