Rabia Çetin
Academic and television commentator Çiğdem Bayraktar Ör, who was arrested on Jan. 31 on charges of "insulting the president" over her social media posts, was released at her first court hearing. The trial took place at Istanbul’s Anadolu Courthouse in the 91st Criminal Court of First Instance.
Facing up to eight years in prison
The Anadolu Chief Public Prosecutor’s Office launched an investigation into Ör over her social media posts, leading to her arrest last month. The indictment accused her of "publicly insulting the president in a continuous manner" and requested a prison sentence ranging from 1 year, 5 months, and 15 days to 8 years and 2 months.
At the hearing, Ör appeared before the judge via the SEGBİS video conferencing system from Bakırköy Prison, where she had been held in pretrial detention. Her lawyers, family, and friends were present in court, while President Recep Tayyip Erdoğan’s lawyers did not attend, citing an excuse.
Ör: "I would never insult institutions I consider sacred"
After confirming her identity, Ör rejected the charges in her defense statement. "I am a Turkish historian. I do not accept these accusations. Throughout my education, I was taught that those in power can be criticized. I work as a television commentator and columnist, and my profession requires me to analyze and comment. However, due to my strong state-oriented stance, I would never insult institutions I consider sacred. My posts were purely critical," she said.
Lawyers argue criticism is not a crime
Ör’s lawyer Hüseyin Ersöz emphasized her expertise in political science and history, stating, "The posts in question should be assessed within this framework. Criticism does not constitute a crime. According to Court of Cassation rulings, even harsh criticism and crude language are not considered criminal offenses."
Another lawyer, Saim Tuğrul, pointed out that Erdoğan is not a neutral figure but a political leader, arguing that Turkey’s Penal Code Article 299, which criminalizes insults against the president, was originally designed to protect non-partisan presidents under the parliamentary system. "However, in the current system, President Erdoğan is also the head of a political party, so this article should no longer be applicable," he stated.
Lawyers Mustafa Yalçınkaya and Enes Ermaner also referenced European Court of Human Rights (ECHR) rulings, which state that politicians must tolerate criticism, and argued that Ör’s posts fall within the scope of freedom of expression.
Prosecutor sought conviction but requested release
In his final opinion, the prosecutor claimed that Ör’s posts exceeded the limits of free expression and requested that she be convicted under Articles 299/1, 299/2, and 43/1 of the Turkish Penal Code. However, he also recommended her release from custody.
After hearing the defense arguments, the court ruled for Ör’s release. The trial was adjourned to March 11 at 9:25 a.m., following a request from her lawyers for additional time to respond to the prosecutor’s opinion.
