Former İHD co-chair Fatin Kanat acquitted in trial over 'insulting the Turkish state'
Fatin Kanat, former co-chair of the Human Rights Association (İHD) Ankara Branch, was acquitted in the first hearing of his trial for allegedly "insulting the Turkish state" under Article 301 of the Turkish Penal Code. The case was based on a statement Kanat made in 2023 to mark the 108th anniversary of the Armenian Genocide.
The trial, held at the Ankara 56th Criminal Court of First Instance, saw significant public interest, with activists and civil society representatives attending. Police officers were initially present in the courtroom but were ordered to leave by the presiding judge.
Kanat defends his statement
Kanat defended his statement, explaining that it reflected the general stance of the İHD and was made simultaneously by all branches of the organization. He emphasized that his remarks were not intended to insult Turkishness, but to honor human dignity. Referring to the unresolved pain and shared grief of the region, Kanat criticized those responsible for glorifying Hrant Dink’s killer, asserting that they were the ones truly disrespecting Turkishness.
"Our statement was not a crime," Kanat said, urging the court to focus on human dignity, which he argued was the foundation for the honor of any ethnicity. He also pointed out that many human rights defenders, including socialist figures like Figen Yüksekdağ, have been imprisoned for similar reasons, and previous cases involving İHD members had resulted in acquittals.
Defense lawyer highlights flaws in indictment
Kanat's lawyer, Levent Kanat, criticized the indictment as lacking legal depth and accused the prosecution of political bias. He argued that the matter of whether the statement dishonored the Republic of Turkey was a historical debate, not a legal one, and should be left to historians. Furthermore, he noted that the prosecution's references to "national interests" were subjective and inappropriate in legal proceedings.
"The prosecutor should leave his personal views aside when drafting an indictment," Levent Kanat stated, emphasizing that there was no intent to insult in the statement and that the accusation was unfounded.
Acquittal based on free speech
Following a brief recess, the court reconvened, and the prosecutor presented his final opinion, agreeing that the statement fell within the scope of freedom of expression and that the elements of the crime had not been fulfilled. The court subsequently acquitted Fatin Kanat, ruling that the accusations lacked legal basis.
Background
The case was brought against Kanat after the İHD Ankara Branch released a statement in 2023 marking the 108th anniversary of the Armenian Genocide, which Turkey does not officially recognize. Kanat had been charged under Article 301, which criminalizes "insulting the Turkish state," a charge that has been used in the past to target individuals and organizations raising sensitive historical or political issues.
