Justice Ministry doesn’t permit investigation against lawyer Bolaç over ‘diktat’ tweet

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The Justice Ministry has not given permission for an investigation against lawyer Efkan Bolaç over his Twitter posts.

Upon a tip-off of the security units, the İstanbul Chief Public Prosecutor's Office made an inquiry and launched an investigation against lawyer Bolaç over the following tweet that he posted on July 16, 2016, a day after the failed coup attempt in Turkey: "Nothing so bad but it might have been worse, we have seen this, too. The diktat enthusiasts who staged a coup against the diktat have turned the country into a fireground."

Main opposition Republican People's Party (CHP) İstanbul MP Aykut Erdoğdu's tweet, which was retweeted by Bolaç, was also added to his investigation file: "A post featuring the picture of the President with the remarks 'AKP Chair Erdoğan called our Party Chair the caricature type... Let's respond to him with a cartoon on judicial independence' and showing two puppets considered to depict a judge and a public prosecutor in the President's hands with 'GO TO JUDICIARY!' remarks..."

On the grounds of these social media posts, the İstanbul Chief Public Prosecutor's Office was poised to launch an investigation against Bolaç for "degrading the Turkish Nation, State of the Republic of Turkey, the Grand National Assembly of Turkey, the Government of the Republic of Turkey and the judicial bodies of the State" as per the Article 301 of the Turkish Penal Code (TCK). However, as a permission from the Justice Ministry is necessary to launch an investigation on this charge as per the Article 301/4 of the TCK, the prosecutor's office prepared a summary of proceedings and requested a permission for investigation from the Ministry.

Decision of non-prosecution

On November 5, 2021, the General Directorate for Penal Affairs of the Justice Ministry expressed the opinion that there was no ground for giving a permission for investigation. Based on this decision, the prosecutor's office concluded that there was no ground for prosecution.

The decision has been notified to lawyer Efkan Bolaç.

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According to the BİA Media Monitoring Report, seven journalists stood trial in Turkey as per the Article 301 of the TCK in July-September 2021.

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(AS/SD)