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Constitutional Court rules that lawsuit over Kılıçdaroğlu’s 'incompetent' remark towards Davutoğlu violated his rights

Constitutional Court rules that lawsuit over Kılıçdaroğlu’s 'incompetent' remark towards Davutoğlu violated his rights

 

Turkish Constitutional Court rules that Kemal Kılıçdaroğlu’s freedom of expression was violated over 2012 remarks about Ahmet Davutoğlu

The Turkish Constitutional Court has ruled that ordering Kemal Kılıçdaroğlu, leader of the main opposition party at the time, to pay 4,000 Turkish Lira in non-pecuniary damages for calling then-Foreign Minister Ahmet Davutoğlu “incompetent” in 2012 violated his freedom of expression.

Kılıçdaroğlu made the remarks during a speech as the leader of the Republican People’s Party (CHP), criticizing Davutoğlu’s performance as Foreign Minister, stating, “... if you embark on this journey with a Foreign Minister whose incompetence is known worldwide, this is where Turkey ends up.” Davutoğlu subsequently sued Kılıçdaroğlu for defamation, and a lower court ordered the opposition leader to pay 4,000 TL in damages.

After the ruling, Kılıçdaroğlu appealed to the Constitutional Court, arguing that the decision infringed on his right to free speech. In its decision, the court highlighted that both individuals held significant public roles—Kılıçdaroğlu as the leader of the main opposition party and Davutoğlu as the Foreign Minister—making the dispute a matter of public interest. The court emphasized that Davutoğlu, as a senior official, had ample means to respond to Kılıçdaroğlu’s criticisms.

The case will be retried in a lower court, and the Constitutional Court has ordered that Kılıçdaroğlu receive 30,000 TL in compensation for the violation of his rights.

 

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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.