Journalist Nimet Ölmez, whose legal counsel is provided by MLSA's Legal Unit, faces a "simple trial procedure" lawsuit for "insult" due to social media posts about AKP Hakkari Provincial Chairman Zeydin Kaya. Initially, the judge considering the case decided against the "simple trial procedure" and opted for a full trial.
Journalist Timur Soykan, in a program, reported on the case of three individuals convicted in 2016 of child sexual assault in Şemdinli, a district of Hakkari. These individuals, who were represented by AKP Provincial Chairman Zeydin Kaya as their lawyer, initially received 42-year sentences each for "aggravated sexual abuse" and "deprivation of liberty" at the Yüksekova High Criminal Court. However, after an appellate process, they were retried and released eight months into their detention due to "insufficient evidence."
Following Soykan's program, journalist Nimet Ölmez shared a video of his discussion on her social media account. In her post dated September 6, 2023, Ölmez commented, "It's not surprising that the lawyer of the rapist defendants in this heart-wrenching case is Hakkari AKP Provincial Chairman Zeydin Kaya. Such a filthy man he is. There are much more disgusting incidents involving him and another AKP lawyer, Abdülmecit Tarhan. Writing about it would be futile."
Shortly after this post, Ölmez was summoned by the Hakkari Chief Public Prosecutor's Office for "publicly insulting a public official." Following her statement to the police, the Prosecutor's Office prepared an indictment against her for "publicly insulting a public official." The Hakkari 1st Criminal Court of First Instance accepted the indictment and opened a case under the simple trial procedure.
In a defense submitted to the court, Emine Özhasar, a lawyer from the Media and Law Studies Association (MLSA), argued that Nimet Ölmez's post should be considered within the scope of freedom of expression. Özhasar emphasized that Ölmez's remarks did not constitute "insult" but were expressions within the context of freedom of speech and the right to criticize. Citing decisions from the Supreme Court and the Constitutional Court, Özhasar pointed out that as a journalist and a mother of a daughter, Ölmez could not remain indifferent to issues already in the public domain due to Soykan's reporting, and was entitled to exercise her right to critique. Özhasar requested Ölmez's acquittal.
During the closed session at the Hakkari 1st Criminal Court of First Instance, the judge wrote a Directive Deliberation for Ölmez, deciding she should give a statement at the Van Criminal Court of First Instance. The judge, abandoning the simple trial procedure, wrote a Directive Deliberation for Ölmez to be tried in a full trial. The court's decision stated: "If Nimet Ölmez Göçeroğlu, accused of insult through an audible, written, or visual message, and currently residing at the address below, fails to appear despite proper summons, she shall be forcibly brought to court. She may waive her right to be present at the trial if she wishes, in which case her legal rights under Article 147 of the CMK shall be reminded to her. Her interrogation and defense shall be taken, and the directive and attachments prepared accordingly should be sent to our court before the next hearing date of April 24, 2024." Ölmez's second hearing has been postponed to April 24, 2024.
