Deniz Tekin
A twelfth criminal case has been filed against former co-chair of Turkey’s pro-Kurdish Peoples’ Democratic Party (HDP), Selahattin Demirtaş, under Article 301 of the Turkish Penal Code, which criminalizes “insulting the Turkish nation, the Republic of Turkey, or state institutions.”
The latest charges stem from a speech Demirtaş gave during a rally in the southeastern city of Batman in 2016. The Batman Chief Public Prosecutor’s Office is seeking a prison sentence of six months to two years for the former opposition leader.
The indictment recalls that the Batman Governor’s Office had not granted permission for the open-air meeting titled “Peace Against War,” but despite the ban, Demirtaş delivered a speech from a campaign bus at Cihan Intersection on Feb. 16, 2016. Prosecutors argue that Demirtaş criticized government policies and referred to incidents in the region in a manner they claim constitutes a criminal offense.
Demirtaş says remarks are protected by parliamentary immunity
In his defense statement, delivered via video conference system SEGBİS, Demirtaş stated that the remarks in question were made while he was serving as a member of parliament, and therefore fall under legislative immunity as outlined in Article 83 of the Turkish Constitution. He requested a ruling of non-prosecution. However, the Ministry of Justice had granted permission to investigate the speech in 2018, after his parliamentary immunity was lifted following the end of his term.
Prosecutor: remarks not protected by freedom of expression
According to the indictment accepted by the 3rd Criminal Court of First Instance in Batman, the prosecutor argued that Demirtaş’s speech included statements that “insulted and belittled” the government and targeted the military and police forces. The indictment alleges that Demirtaş accused the government of “massacring people” and committing “oppression and torture,” and argues that such language exceeds the bounds of protected speech.
“The statements damage the honor and dignity of the Republic of Turkey and its government,” the indictment claims, adding that they cannot be considered within the scope of freedom of expression given their timing and content.
Prosecutors are also seeking a political ban under Article 53 of the Turkish Penal Code, in addition to the prison sentence.
Dozens of similar charges filed under Article 301
Demirtaş, who was arrested in November 2016 after his parliamentary immunity was lifted, has faced multiple prosecutions under Article 301 for speeches made during his political career. Of the 12 cases filed under this law, 10 were merged and heard at the 14th Criminal Court of First Instance in the southern province of Mersin.
In July 2024, the court sentenced him to 1 year and 3 months in prison for “publicly insulting the Government of the Republic of Turkey, its judiciary, and its military or security forces.” That case is currently under appeal.
Two additional cases under Article 301—one in Diyarbakır and the other in Batman—are ongoing.
ECHR has ruled twice against Turkey in Demirtaş cases
Demirtaş has been held at Edirne High-Security Prison in northwestern Turkey since 2016. The European Court of Human Rights (ECHR) has issued two rulings against Turkey regarding his imprisonment—one in December 2020 and another in July 2025—both finding that his continued detention violated his rights and had political motives.
