Rabia Çetin
Journalist and writer Hayko Bağdat was acquitted in a retrial on charges of “insulting” the former general manager of Turkey’s İşbank, Adnan Bali, after the Constitutional Court ruled that his conviction had violated his freedom of expression. The acquittal was issued at the first hearing of the retrial, held at Istanbul’s 55th Criminal Court of First Instance.
Bağdat, who resides abroad, did not attend the hearing. His lawyer, Didare Hazal Sürmeli from the Media and Law Studies Association (MLSA) Legal Unit, appeared in court alongside Adnan Bali’s attorney.
Following identity verification, Sürmeli stated, “Our client resides abroad and there is no need to take his statement again. The Constitutional Court has already ruled that there was a direct violation of freedom of expression. We request an immediate acquittal based on this.” Bali’s lawyer, however, called for Bağdat to be punished.
The prosecutor, presenting their final opinion, also requested Bağdat’s acquittal. After hearing the attorneys’ final arguments, the judge ruled in favor of acquittal.
Background
The case dates back to 2018, when Hayko Bağdat quote-tweeted a post shared by the Turkish daily BirGün on Twitter (now X). The tweet included a news story quoting İşbank General Manager Adnan Bali saying, “People who don’t earn income in dollars or euros have no business with foreign currency. What business does Aunt Ayşe have with foreign currency?” In response, Bağdat added the comment: “What’s it to you, you lunatic?”
Roughly a month later, Bali filed a complaint, alleging that his personal rights had been violated. The investigation concluded in 2020, and a public lawsuit was filed at the 55th Criminal Court of First Instance in Istanbul. In a hearing conducted via letters rogatory due to Bağdat’s residence abroad, he argued in his defense statement that his post was not intended as an insult and was protected under freedom of expression.
However, in April 2023, the prosecutor issued an opinion labeling the post as criminal “insult,” and in May the court convicted Bağdat, imposing a judicial fine of 1,740 Turkish lira (about $60 at the time).
The MLSA appealed the ruling by filing an individual application with Turkey’s Constitutional Court. The appeal argued that Bağdat’s rights to freedom of expression and freedom of the press had been violated and requested a retrial with an acquittal.
On April 29, 2025, the Constitutional Court ruled in Bağdat’s favor, stating that his post was a form of criticism rather than insult, lacked criminal intent, and was made in response to a public figure’s controversial comment during a time of public debate over foreign currency exchange rates. The court found that punishing Bağdat with a fine constituted a violation of his freedom of expression.
The Constitutional Court ordered that Bağdat be awarded non-pecuniary damages and returned the case to the lower court for retrial. In the first hearing following the ruling, the court issued an acquittal.
