FREEDOM OF EXPRESSION

Adolecsent M.S.Ö. was on trial at the Aydın Juvenile Court because of an alleged insult against Prime Minister Recep Tayyip Erdoğan. When Erdoğan visited the city of Aydin (in the southwest of Turkey) before the local elections on 29 March 2009 the teenager walked beside the prime minister's car and cursed him by saying "God damn you". The child was taken to Erdoğan by his bodyguards and he asked him why he talked to him like that. When M.S.Ö. answered "I do not like you", Erdoğan squeezed the child's throat.

Elements of crime were not fullfilled

13-year-old M.S.Ö. was convicted of "Publicly defaming a public official connected with the public service he provides". The case was dropped at the first hearing yesterday (8 September 2009). The court decided in accordance with the child's lawyers' defense that Erdoğan had visited the city of Aydin as chair of the ruling Justice and Development Party (AKP), thus he cannot be considered as a public official in this context.

If the case had been continued, the 13-year-old child would have been trialed under article 125 of the Turkish Penal Code (TCK) and could have faced 14 to 28 months imprisonment.

No case for the Prime Minister

M.S.Ö. cursed the prime minister because his father went bankrupt. The child's lawyers filed a criminal complaint against Erdoğan with the allegation of "deliberately hurting people". However, this complaint was dismissed.

Lawyer Kemal Aytaç voiced his criticism in an interview with NTV television station: "Putting children on trial is a topic that has to be discussed. Everybody is protecting the prime minister but what is actually essential is the protection of the child. The indictment had been amended in contrary of the law and the court could accept it. The funny side of the story is that the prime minister himself did not complain. Moreover it has to be discussed if "God damn you" accounts for in insult. This expression is a curse or an earnest desire".

NTV'ye konuşan avukat Kemal Aytaç, "Çocuğun yargılanması tartışılması gereken bir konu. Herkes burada başbakanı koruyor ama aslında çocuğun korunması esastır. Hukuka aykırı şekilde iddianame düzenlense de mahkeme bunu kabul edebilmiştir. İşin komik tarafı başbakanın herhangi bir şikayeti de yok. Kaldı ki - moreover -, 'Allah belanızı versin' sözünün de hakaret olduğu da tartışmalıdır. Bu bir bedduadır - pray, bir temennidir - wish" dedi.

Article 125 concerning „defamation" in the TCK

TCK Article 125 entitled "defamation" can be summarized as follows: "(1) A person who attributes a concrete act or a fact to another person by undermining his honor, dignity or respectability or who attacks a person's honor, dignity or respectability through insults shall be sentenced to imprisonment for a term of three months to two years or imposed a judicial fine.

(3) If the offence of defamation is committed against a public official and the allegation is connected with the public service he provides, the minimum length of the penalty cannot be less than one year.

(4) In case the offence of insulting has been committed in public, the penalty shall be increased by one sixth. In case the offence of insulting has been committed through press and publication the penalty shall be increased by one third." (EÖ/VK)