Deniz Tekin
The Turkish Ministry of Justice has denied permission to investigate the president and 10 executives of the Diyarbakır Bar Association under Article 301 of the Turkish Penal Code (TCK), which addresses insults against the Turkish state.
Diyarbakır Bar Association was among 12 bar associations calling for peace in response to the Turkish Armed Forces’ cross-border operation in Syria, known as the 'Claw-Sword Operation,' which began on November 20, 2022. The joint statement, titled "We Must Defend Peace Under All Conditions," urged for the resolution of regional issues through peaceful and political means rather than military interventions.
Following a complaint by an individual identified as İ.Y., the Diyarbakır Chief Public Prosecutor’s Office, through its Terror Crimes Investigation Bureau, initiated an examination against the bar association presidents for "publicly denigrating the Turkish nation, the State of the Republic of Turkey, the Turkish Grand National Assembly, the Government of the Republic of Turkey, and the judicial bodies of the State" under Article 301 of the TCK.
The Diyarbakır Police Department submitted a report to the prosecutor, claiming that the statement attempted to discredit the state’s efforts in combating terrorism, including news articles about the statement as evidence.
Prosecutor separates files of 11 bar presidents
The prosecutor’s office issued a decision of non-jurisdiction for the bar presidents of Ağrı, Batman, Bingöl, Dersim, Hakkâri, Mardin, Muş, Siirt, Şanlıurfa, Şırnak, and Van. The files for these presidents were sent to the public prosecutor's offices in their respective provinces for necessary legal action.
No permission for Diyarbakır Bar
The Diyarbakır Chief Public Prosecutor’s Office requested permission from the Ministry of Justice to investigate Diyarbakır Bar Association President Nahit Eren and board members from 2020 to 2022, including Ahmet Dağ, Aydın Özdemir, Cemile Turhallı Balsak, Gevriye Atlı, Mehdi Özdemir, Mehmet Işık, Nahit Eren, Serdar Özer, Servet Vural, Seyit Rıza Karakaş, and Zuhal Sayılgan Işık, under Article 301.
However, the Ministry of Justice declined to grant permission to investigate the Diyarbakır Bar executives. As a result, the prosecutor will dismiss the case against the bar executives.
Over the past eight years, the Diyarbakır Bar executives have faced at least 10 investigations under Article 301 for statements made concerning human rights violations and the anniversaries of the Armenian genocide. The Ministry of Justice has granted permission for six of these cases, while three are still awaiting approval.
Article 301 investigations permission requirement
Under the revised fourth paragraph of Article 301 of the Turkish Penal Code, a public prosecutor cannot independently initiate an investigation for "publicly denigrating the military or security forces of the state." The initiation of an investigation requires the permission of the Minister of Justice. Without such permission, an investigation cannot begin, and a decision of non-prosecution cannot be issued. A non-prosecution decision can only be made following an investigation granted permission by the Minister of Justice.
