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The first hearing of a case concerning a social media post where Nationalist Movement Party (MHP) Chair Devlet Bahçeli was called a "dotard" was held today (October 15).
Commenting on a news article on Sözcü newspaper's Facebook page, a social media user had written, "Put him in a nursing home now, he is well in his dotage, he's gone mad."
The first hearing of the case filed by the Ankara 25th Penal Court of First Instance was held at the Küçükçekmece 16th Penal Court of First Instance in İstanbul.
"I don't accept the charged offense. There is no insult in the statement I made," said the defendant. "It is a word commonly used in our region. It is a word used about people who forget things they put somewhere. It is also a medical term. I had no intention of committing an offense, I demand my acquittal."
Conflicting statements and forgetfulness
Attorney Efkan Bolaç also said there were no rude expressions in his client's social media post.
"There is an obvious difference between what the plaintiff [Bahçeli] said three-five years ago and his statements today and what my client said was about determining this.
"If the word 'dementia' was used medically, this case wouldn't be filed. The meaning of the word used instead, dotard, is that [Bahçeli's] statements don't match one another and he is disabled with forgetfulness. In this context, there is no criminal element in the statement in question."
The attorney also recalled European Court of Human Rights (ECtHR) rulings on statements about politicians.
"In its decisison regarding a farmer who had called then President of France Nicolas Sarkozy an idiot, the ECtHR mentioned the obligation of people who have become a public figure to endure," he said.
If the defendant is convicted, they will appeal the verdict, Bolaç said, requesting his client's acquittal.
What happened?
A social media user living in İstanbul is facing a prison sentence of from 1 year to 2 years and 4 months because of insulting the MHP leader.
In the case filed upon a complaint by Bahçeli, the Ankara 2nd Penal Judgeship of Peace issued an arrest warrant against the defendant.
The Ankara Chief Public Prosecutor's Office seeks a prison sentence for "insult" as per article 125 of the Turkish Penal Code.
It said the lower limit of the sentence should be one year as the crime was committed "against a public official because of their duty."
Also, the prosecutors said the sentence should be increased by one-sixth because the offense was committed publicly.
The case was held without a hearing as per the "simple trial procedure"* and the Ankara 25th Penal Court of First Instance sentenced the defendant to pay 5,300 lira of a judicial fine.
In the cases held according to the simple trial procedure, defendants can appeal rulings within 15 days. After attorney Bolaç filed an appeal, a hearing was held.
CLICK - Trial Without Hearing, Defendant Without Defense, Ruling Without Prosecutor's Opinion
*How does the "simple trial procedure" work? A penal court of first instance can decide to implement the simple trial procedure for offenses that require a prison sentence of lower than two years. If the court decides this, the indictment is submitted to the defendant, the aggrieved and the plaintiff, and they are asked to submit their statements within 15 days. They are also informed that a judgment can be made without holding a hearing.
(AS/VK)
