DENİZ TEKİN
A sixth lawsuit has been filed against Diyarbakır Bar Association President Nahit Eren and ten board members under Article 301 of the Turkish Penal Code (TCK), citing a statement on the association's website titled “Reckoning and Reconciliation Should Start from April 24, 1915.” Since 2017, six cases have been filed against the Bar executives.
Background:
On April 24, 2022, Diyarbakır Bar Association published a statement on their website calling for a reckoning and reconciliation starting from April 24, 1915, the date widely recognized as the beginning of the Armenian Genocide. This statement triggered an investigation by the Diyarbakır Chief Public Prosecutor's Office, which alleged that the statement contained expressions that "exceeded the limits of criticism."
The Prosecutor's Office requested permission from the Ministry of Justice to investigate the Bar executives under Article 301, which criminalizes "publicly denigrating the Turkish Nation, the Turkish Republic, the Turkish Grand National Assembly, the Government of the Republic of Turkey, and the judicial bodies of the State."
The Ministry of Justice granted permission to investigate Bar President Nahit Eren and board members Atilla Berk, Diyar Rüknedin Çetedir, Hatice Demir, Mehdi Özdemir, Mehmet Erdem, Ali İsmet Girgin, Öykü Çakmak Usal, Serdar Özer, Seyit Rıza Karakaş, and Zuhal Sayılgan Işık.
The Bar executives refused to give statements to the prosecutor, arguing that their declaration was protected under freedom of expression.
Court Decision:
The lawsuit was filed in the nearest province with a high criminal court, Batman, due to the legal requirement for such cases. On April 30, 2024, Batman 1st High Criminal Court granted permission for the prosecution, stating that the Bar’s statement necessitated a trial under Article 301.
In its reasoning, the court claimed that the statement “Reckoning and Reconciliation Should Start from April 24, 1915” warranted prosecution for publicly denigrating the entities protected under Article 301.
Omissions in Legal Documents:
Notably, the prosecutor’s office, the Ministry of Justice, and the court decisions did not reference President Recep Tayyip Erdoğan’s remarks about April 24, which were quoted in the Bar’s statement. Erdoğan’s 2014 statement expressed condolences for Armenians who lost their lives in 1915 and acknowledged the inhuman consequences of the events.
The court has sent the case file to the competent high criminal court in Diyarbakır for trial, which is expected to begin in the coming months.
Previous Investigations and Lawsuits:
From 2017 to 2024, a total of eight investigations were launched against Diyarbakır Bar executives under Article 301 for their statements commemorating April 24, 1915, with six resulting in lawsuits. Four of these cases ended in acquittals, recognizing the statements as protected under freedom of expression. Trials for the 2021 and 2022 statements are ongoing, and investigations into the 2023 and 2024 statements are still in progress.
