Speech on investigation for ‘insulting the President’ investigated for the same charge

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People's Liberation Party (HKP) Chair Nurullah Ankut Efe took legal action after Sedat Peker, who is charged with "leading a criminal organization" and currently abroad, alleged that "after the failed coup attempt in Turkey on July 15, 2016, a case of kalashnikov weapons, which had not been registered in the state's inventory, were distributed to civilians, which was done with a vehicle belonging to the youth organization of the ruling AKP and within the knowledge of the Minister of Interior."

After HKP Chair Efe filed a criminal complaint about the issue, the İstanbul Chief Public Prosecutor's Office launched an investigation against Efe on charges of "insulting the President and public officials."

As part of this investigation, Efe and his lawyers came to the İstanbul Courthouse and gave their statements to the prosecutor's office. Afterwards, they made a press statement in front of the courthouse.

Following this statement, Efe has faced another investigation for "insulting the President". Summoned to the İstanbul Security Directorate as part of this new investigation, Efe went to the directorate with his lawyers Pınar Akbina, Fettah Ayhan Erkan and Doğan Zafer Çıngı.

'There is no legal, legitimate President'

In his statement at the Security Directorate, HKP Chair Nurullah Ankut Efe said, "The charge is brought against me as per the Article 299 of the Turkish Penal Code (TCK). There is no legal, legitimate President in Turkey. The Article 101 of the Constitution says, 'The President of the Republic shall ... have completed higher education.' This person only completed the İstanbul Imam Hatip High School in Fatih. He did not go to any school."

Efe argued further in his statement that "neither Erdoğan's university diploma nor his high school diploma has been disclosed so far and the diploma that he submitted to the relevant institutions has turned out to be fake, as it was confirmed by the Notaries Union of Turkey."

'Everyone knows Erdoğan is not impartial'

HKP Chair Efe argued that Erdoğan committed the offense of "forgery of official documents and aggravated fraud" due to his diploma.

"As there is not an official President in compliance with the Constitution, the offense of 'insulting the President' is not the case on my part," said Efe further, adding, "Article 299 has been added to the TCK to protect an impartial and legitimate President. While it is known by everyone that Tayyip Erdoğan is not impartial, he is also officially the Chair of the AKP."

Reference to Erdoğan's insults for opposition

Noting that "insult is not suitable for their personality and they criticize in line with the political terminology", Efe referred to recent insults of Erdoğan for main opposition CHP Chair Kemal Kılıçdaroğlu.

Following Efe's statement, his lawyer Pınar Akbina submitted the ECtHR ruling on Vedat Şorli and the related decision of the Notaries Union of Turkey as well as two books regarding the Presidential Complex, or "Palace", and President Erdoğan's diploma to the prosecutor's office.

Lawyer Fettah Ayhan Erkan also said in his statement, "There are innumerable domestic and international court rulings that have concluded that the persons with a political identity and in a public administrative position should endure severe criticisms. The TCK 299 must be repealed."

Trials for 'insulting the President' in Turkey

Since 2014, when Erdoğan was elected the President, investigations have been launched against over 160 thousand people for "insulting the President". More than 35 thousand turned into court cases.

In these trials, over 28 thousand people and more than a thousand children appeared before the judge. The number of cases during Erdoğan's first 4-year term in office increased by 19.5 times and by 2,052 percent when compared to the term of former President Abdullah Gül.

In the trials, 12 thousand 881 people have been convicted, 3 thousand 625 people, including 10 children, have been sentenced to prison.

In 2020 alone, 45 thousand investigations were launched against people on charge of "insulting the President" and lawsuits were filed against 9 thousand 773 people as a result of these investigations.

From August 2014, when Erdoğan was elected the President, to October 1, 2021, at least 66 journalists were given prison sentences, deferred prison sentences and/or fines for "insulting the President".

According to the BİA Media Monitoring Report covering the period of July - August - September, 17 journalists and cartoonists faced up to 84 years in prison in total for "insulting the President" in the 3rd quarter of 2021.

Insulting the President (TCK 299)

A person convicted of "insulting the President" as per the Article 299 of the Turkish Penal Code (TCK) is sentenced to 1 year to 4 years in prison. If the offense is committed publicly, the sentence is increased by one sixth. Prosecution on this charge is subject to the permission of the Justice Ministry. However, it is regarded as a formality and it is not known, according to the reports, whether there is any person for whom no permission has been granted by the Ministry to be prosecuted on this charge. (HA/SD)