Investigative journalist Bahadır Özgür has been sentenced to 3 months and 22 days in prison for “publicly insulting the government of the Republic of Turkey” under Article 301 of the Turkish Penal Code, over remarks he made during a 2022 speech at a book fair. The sentence was deferred under a legal provision that postpones the announcement of the verdict.
Investigative journalist Bahadır Özgür has been sentenced to 3 months and 22 days in prison for “publicly insulting the government of the Republic of Turkey” under Article 301 of the Turkish Penal Code, over remarks he made during a 2022 speech at a book fair. The sentence was deferred under a legal provision that postpones the announcement of the verdict.
The case stems from Özgür’s participation in a panel titled “The Wall: Mafia, Politics, State” at the Mudanya Book Fair in Bursa Province on Sept. 8, 2022. The event focused on a book co-authored by Özgür, based on corruption and organized crime allegations made by exiled Turkish mob boss Sedat Peker. Authorities launched an investigation into Özgür’s remarks during the talk, accusing him of violating the controversial Article 301, which criminalizes public denigration of Turkish state institutions.
The Ministry of Justice’s Directorate General of Criminal Affairs granted permission for prosecution on July 17, 2023. In the indictment filed by the Mudanya Chief Public Prosecutor’s Office, the following remarks were cited as the basis for the charge:
“The AKP regime began with construction and shifted toward stock market plunder. That really sums up the last 21 years. Our book The Wall served as a kind of report—we tried to expose what’s been going on. But only when we view each piece as part of this whole can we understand the situation and ask: how do we fight the mafia, the gangs? The people have no political army or police force. How do we resist when faced with a judiciary, a security force, and a bureaucracy that have all become gang-like?”
The prosecutor argued that Özgür’s statements amounted to portraying the government as criminalized and affiliated with criminal networks.
Defense argues speech was taken out of context
In his defense, Özgür said his talk lasted nearly two hours and that the quoted statements had been extracted from their broader context. He denied any intention to insult the government or state institutions, stating that his remarks should be protected as free expression.
His lawyer argued that Özgür was engaging in journalistic activity and speaking about a book rooted in widely publicized claims by Sedat Peker. The lawyer said the speech was recorded secretly and unlawfully, and the selected quotes did not reflect the full context. He requested acquittal.
Court defers verdict
The Mudanya 1st Criminal Court of First Instance found that Özgür had committed the offense under Article 301. Initially sentenced to 6 months, his term was reduced to 3 months and 22 days due to mitigating circumstances and a simplified trial procedure.
Citing Özgür’s clean criminal record and its assessment that he is unlikely to reoffend, the court deferred the announcement of the verdict under a provision known as hükmün açıklanmasının geri bırakılması (HAGB). Under this mechanism, the conviction will not appear on his criminal record unless he commits another intentional crime during a five-year probation period.
Özgür announced that his legal team would appeal the decision.
Background on Article 301
Article 301 has long been criticized by press freedom groups, the Council of Europe, and international human rights organizations. It has been used to prosecute numerous journalists, writers, and academics for remarks deemed critical of the Turkish state or its institutions. Prosecutions under this article require formal approval from the Justice Ministry.
