Trial Monitoring

Prosecutor’s premature judgment: ‘He already has a warrant from another case’

Prosecutor’s premature judgment: ‘He already has a warrant from another case’

NALİN ÖZTEKİN

A case has been filed against academic and lawyer Cenk Yiğiter, who was dismissed from public service by a decree law (KHK), for allegedly "insulting the president." The indictment, prepared by the Ankara Chief Public Prosecutor's Office, cites a prior arrest warrant issued for Yiğiter in a separate investigation, labeling him as a "wanted person."

Cenk Yiğiter, formerly a professor at Ankara University’s Faculty of Law, was dismissed during Turkey’s state of emergency following the 2016 coup attempt. The current charges of "insulting the president" stem from a social media post that allegedly disrespected President Recep Tayyip Erdoğan. The indictment was initiated based on a police report, with the Ministry of Justice granting permission to proceed with the case on December 19, 2023.

Social media post used as evidence

The prosecution argued that Yiğiter’s social media post was offensive and damaging to the "honor and dignity" of President Erdoğan. The public nature of the post was cited as evidence that it met the criteria for the crime of defamation.

Labeling Yiğiter as a ‘wanted person’

What stands out in the indictment is the prosecutor's reference to an unrelated arrest warrant for Yiğiter, which was issued on March 11, 2024, by the Ankara 7th Criminal Judgeship of Peace. Although unrelated to the current case, the prosecutor included this information, suggesting that Yiğiter was already a "wanted person." The mention of this separate warrant in the current indictment has raised concerns about the fairness and relevance of this information in the case.

The Ankara 53rd Criminal Court of First Instance accepted the indictment and set the first hearing for December 18, 2024.

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