İstanbul - Journalist Ömer Sönmez, who works for the Istanbul-Erbil-based news outlet Rûdaw, has been charged with "insulting the president" under Article 299 of the Turkish Penal Code. The charges stem from a social media post he shared on April 1, 2024, via the platform X (formerly Twitter).
The indictment, prepared by the Istanbul Chief Public Prosecutor’s Office, alleges that Sönmez’s comment accompanying a news report by RûdawTürkçe constitutes an insult against President Recep Tayyip Erdoğan. The report had covered Erdoğan's statement, “We will not allow the establishment of a terror state beyond our southern borders."
In his post, Sönmez had written: “Erdoğan and the Turkish state’s intentions are crystal clear: to turn Free Kurdistan into a ‘Terroristan’! After the open-ended message Erdoğan gave in Diyarbakır, and the reactions from Kurdistan and Istanbul, he delivered the necessary message to the ‘deep state’ from Ankara.”
Investigation and legal proceedings
The indictment states that following Sönmez’s post, Istanbul's Cyber Crimes Department launched an investigation, which resulted in a criminal case being initiated. The Ministry of Justice’s General Directorate of Penal Affairs granted permission for prosecution on December 9, 2024.
During his testimony at the police station, Sönmez admitted that the post was his. He explained that, as a journalist, he had made a political comment but later deleted the post, considering the wording to be overly critical. Rejecting the accusations, Sönmez argued that his statements should be evaluated within the scope of freedom of expression.
Despite his defense, the indictment accuses Sönmez of committing the offense of “insulting the president” and seeks his punishment under Article 299. It also demands that Sönmez be deprived of certain rights under Article 53 of the Penal Code.
Trial to begin in coming months
The first hearing in Sönmez’s trial will take place in the coming months at Istanbul’s 37th Criminal Court of First Instance.
Context and criticism
Article 299 of the Turkish Penal Code, which criminalizes "insulting the president," has been a controversial tool widely used to prosecute journalists, activists, and citizens critical of President Erdoğan. The law allows for prison sentences of up to four years and has faced international criticism for its chilling effect on freedom of expression.
Freedom of the press and expression have been under significant pressure in Turkey, where legal actions against journalists, particularly those covering sensitive topics like Kurdish rights or criticizing government policies, are not uncommon. Rights groups, including the Council of Europe, have repeatedly called on Turkey to amend or abolish Article 299 to align with international human rights standards.
Sönmez’s case adds to the growing list of legal actions against journalists and underscores the broader challenges facing independent reporting in Turkey.