### Constitutional Court: Investigations into Diyarbakır Bar Association's genocide statements do not violate freedom of expression
**Deniz Tekin**
The Constitutional Court of Turkey (AYM) has ruled that investigations into former Diyarbakır Bar Association President Cihan Aydın, initiated due to statements made by the Bar on April 24 regarding the Armenian Genocide, do not constitute a violation of freedom of expression. The court determined that the investigations into the Bar's administrators for "insulting the Turkish Nation, State, and its organs" did not have a deterrent effect on freedom of expression. Aydın's lawyer, Mehdi Özdemir, announced plans to appeal the decision to the European Court of Human Rights (ECHR).
Cihan Aydın, who served as president of the Diyarbakır Bar Association from 2018 to 2020, submitted an individual application to the AYM in 2020. He argued that the systematic investigations launched over the Bar's statements on the anniversary of the Armenian Genocide were suppressing freedom of expression. The application claimed that the regular criminal investigations into commemorative statements created a chilling effect on expression, making it difficult for Aydın to perform his duties as Bar president. Aydın's appeal stated that judicial harassment and pressure violated his constitutionally guaranteed rights to freedom of expression and other rights.
ECHR's Akçam case cited as precedent
The AYM's Second Chamber dismissed the application as "manifestly ill-founded." The decision referenced the ECHR's ruling in favor of Altuğ Taner Akçam, who faced pressure over statements about the Armenian Genocide in 1915.
The ruling clarified that for interference with freedom of expression to be recognized, the individual's words or actions must be subject to final legal or criminal sanctions. It emphasized the need to evaluate whether measures constituted interference with freedom of expression based on the specific circumstances of each case. The AYM noted that the Diyarbakır Chief Public Prosecutor's investigations into Aydın were initiated based on complaints and reports from different individuals, rather than self-initiated by the Prosecutor's Office.
No punitive threat in repeated investigations
The court highlighted that Aydın had not been arrested, prosecuted, or even designated as a "suspect." It noted that there were no multiple preliminary examinations regarding the same press statement, and three separate complaints about three different statements were examined. The court concluded that the actions taken against Aydın were not based on unfounded or fabricated claims and that he had not been stigmatized, humiliated, targeted, or restricted in performing his duties. The court also observed that the Bar continued to make statements on the same issue, and the investigations were conducted within reasonable timeframes. Therefore, the court found no excessive impact on Aydın's life or a chilling effect on his behavior as Bar president.
Aydın's lawyer, Mehdi Özdemir, intends to appeal the AYM decision to the ECHR.
Background
Between 2018 and 2020, lawyer Cihan Aydın and ten other board members of the Diyarbakır Bar Association were investigated for two separate statements made on April 24, 2019, and April 24, 2020, regarding the Armenian Genocide. With the Ministry of Justice's approval, two separate lawsuits were filed against Aydın and the board members under Article 301 of the Turkish Penal Code, which criminalizes "insulting the Turkish Nation, the State of the Republic of Turkey, the Grand National Assembly of Turkey, the Government of Turkey, and the judicial organs of the State." Aydın and the board members were acquitted in both cases.
A separate request for permission to investigate Aydın and Bar board members under Article 301 is currently under review by the Ministry of Justice. This request pertains to a statement made on April 26, 2020, titled "Our Press Release on the Hate Speech of the President of Religious Affairs," which criticized a sermon by the head of the Directorate of Religious Affairs targeting LGBT+ individuals.
Ongoing legal challenges since 2017
From 2017 to 2024, the Diyarbakır Bar Association's administrators faced a total of eight investigations under Article 301 for statements made on April 24 commemorating the Armenian Genocide. Six of these investigations led to prosecutions.
