Non-prosecution for journalist making fun of TV series in a tweet

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The Van Chief Public Prosecutor's Office has given a decision of non-prosecution for journalist Oktay Candemir, who was facing an investigation over a tweet criticizing TV series about the Ottoman times.

After he tweeted a critical message about the "Resurrection: Ertuğrul" (Diriliş Ertuğrul") TV series aired on state channel TRT, the house of journalist Oktay Candemir was raided and he was taken into custody.

Detained over his message regarding the TV series centering on the life of Ertuğrul, the father of Osman I, who founded the Ottoman Empire, Candemir was released on probation, but faced an investigation.

While journalist Candemir was charged with "insulting the memory of a person", the decision of non-prosecution given for the journalist has referred to "Ottoman sultans" as the aggrieved parties.

'Elements of crime not constituted'

The decision of the prosecutor's office has noted that "the offense of insulting the memory of a person is constituted due to the acts of insult committed against the related person after his or her passing."

Accordingly, the office has indicated that it needs to be first determined whether the act of insult was committed or not.

"All types of harsh criticisms or disturbing remarks cannot be considered within the context of insult offense; the remarks in question should constitute a concrete act or fact that could harm the honor, dignity and respectability of a person or the act of defamation," the office has underlined.

Taken together with these evaluations, the office has concluded that "the expressions used by the suspect together with the names of sultans" do not constitute "a concrete act or fact that could harm the honor, dignity and respectability of a person or the act of defamation."

Accordingly, the Van Chief Public Prosecutor's Office has given a decision of non-prosecution for journalist Oktay Candemir.

Digital materials not returned to journalist

The prosecutor's office has ruled that Candemir's seized laptop shall be returned to him. However, two hard disks sent to the terror crimes bureau shall remain in safety deposit.

In his social media post dated September 3, Candemir said that "after Resurrection Ertuğrul and Foundation Ottoman, Awakening Seljuk would be now on TRT." Further in his post, he used rhyming words and names of Ottoman sultans and made up some other series' names, saying:

"It is now turn to broadcast the series Passing out Yavuz, Sobering the Conqueror, Lying Down Kanuni, Waking up Murad the 4th, Bemoaning Abdulhamid and Begging Vahdettin (!)."

Vahdettin, or Mehmed the 6th, was the last Ottoman Sultan, who left İstanbul on a British warship in 1922. (HA/SD)