Vague definition of 'insulting Erdoğan' crime leaving everyone vulnerable - DW




Feb 13 2022
http://ahval.co/en-136533

The vagueness surrounding the definition of the Turkey’s crime of “insulting the president,” leaves the door wide open for anyone to be charged with the crime, German broadcaster Deutsche Welle said on Saturday.

The laws on insulting the president amount to harassment of those even under the age of 18 in a bid to intimidate people and to silence intelligent, political criticism, it cited Yaman Akdeniz, a law professor at Istanbul Bilgi University, as saying.

"Either you keep quiet or you'll be taken to court," according to Akdeniz, who maintains that freedom of expression in Turkey is in grave danger with an increase in attempts at intimidation.

Insulting the president is a crime according to Article 299 of the Turkish Penal Code (TCK) and carries a maximum sentence of four years in prison. Investigations and convictions on Article 299 have skyrocketed since Erdoğan stepped into office as president in 2014.

DW cited the most recent example of well-known journalist Sedef Kabaş, who was jailed last month on charges of targeting the Turkish president with a proverb, which she quoted on live television during a programme on an opposition linked TV network.

The former television host was detained on January 22 in Istanbul and a court ordered her to be jailed ahead of a trial.

The charge against Kabaş stems from her remark “When cattle enters a palace, it does not become king but the palace becomes a stable,” which she made during a discussion programme on TELE 1 on January 14.

Another example of that is former Olympic swimmer Derya Büyükuncu, who is facing years in prison on the same charges, DW said. The athlete in the meanwhile has been permanently suspended from the Swimming Federation of Turkey.

The Turkish state’s arms extend even beyond Turkey regarding the charge, the broadcaster said, pointing to the case of German comedian Jan Böhmermann, who was slapped with lawsuit on allegedly insulting the president in 2016, when Erdogan's lawyers filed a complaint.

Lawsuits over the crime of insulting the president have increased by 9,000 percent since 2010, according to a 2021 report based on Justice Ministry data.