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CHP youth leader sentenced to prison and ordered to pay damages within five days over ‘insult’ of Akın Gürlek

CHP youth leader sentenced to prison and ordered to pay damages within five days over ‘insult’ of Akın Gürlek
  • Cem Aydın, head of the youth branch of Turkey’s main opposition Republican People’s Party (CHP), has been handed a prison sentence and ordered to pay compensation within five days over a social media post criticizing Akın Gürlek, who was appointed justice minister on Feb. 11.
  • Following Gürlek’s appointment as justice minister by a decree published in the Official Gazette late on Feb. 11 and signed by President Recep Tayyip Erdoğan, two separate rulings were issued against Aydın over the same post.

İSTANBUL - On Feb. 12, the Istanbul 14th High Criminal Court sentenced Aydın to 1 year, 5 months and 15 days in prison on charges of “insulting a public official due to his duty.” The court acquitted him of the charge of “targeting individuals who took part in the fight against terrorism.” It also ruled to defer the announcement of the verdict, a legal measure in Turkey that suspends the sentence provided the defendant does not commit another offense within a specified period.

The hearing took place at the Istanbul Courthouse in the Çağlayan district on the day after Gürlek’s appointment as justice minister. In its final opinion, the prosecutor had requested that Aydın be punished.

In his defense statement, Aydın said that the CHP Youth Branch had shared speeches by party leader Özgür Özel and that they had exercised their right to political criticism. In his final words to the court, he requested acquittal.

In a separate civil lawsuit filed over the same post, the Istanbul 44th Civil Court of First Instance ruled on Feb. 17 to partially accept a claim seeking 100,000 lira in damages. The court ordered Aydın to pay 60,000 lira (about $—) in non-pecuniary damages, together with legal interest accruing from the date the lawsuit was filed. The ruling can be appealed.

Aydın’s lawyers had argued that the criminal court decision had not yet become final and requested that the compensation claim be dismissed.

What happened?

On Jan. 19, the CHP Youth Branch shared a video on its social media account titled “The anatomy of the mobile guillotine: Akın Gürlek.”

The video opened with a speech delivered in parliament in 2020 by CHP leader Özgür Özel, who was then the party’s deputy group chair, about Gürlek. In the footage, Özel said: “You couldn’t find four judges. You are sending this executioner of justice from court to court as a ‘mobile guillotine.’ This gentleman has severed his ties with justice.”

The video continued with criticisms of Gürlek by journalists and legal professionals. The post also referred to the arrest of Esenyurt Mayor Ahmet Özer and the appointment of a government trustee in his place, as well as the arrest of Beşiktaş Mayor Rıza Akpolat.

An investigation was launched against Aydın after he shared the video, which contained criticisms of Gürlek, on his social media account.

He was charged with “insulting a public official due to his duty” and “targeting individuals who took part in the fight against terrorism” over statements included in the post.

Gürlek also filed a separate compensation lawsuit against Aydın over the same post.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.