903 minors among thousands tried or jailed for insulting Turkey’s ruler Erdogan
New statistics released by
the Turkish Justice Ministry show a record number of people have been
prosecuted for insulting President Recep Tayyip Erdogan, with many of the
accused being minors.
A total of 128,872 probes
were launched in Turkey in the past six years over insulting the president,
9,556 of which resulted in imprisonment. Criminal cases were launched for
27,717 of these files.
In this period, 903 minors –
between the ages of 12 and 17 – stood trial for the same charge, 264 of whom
were between the ages of 12 and 14.
Those convicted of insulting
the president may be imprisoned for a period of between one and four years. The
sentence is likely to be increased by one-sixth if the act is committed
explicitly.
The statistics also show
that foreigners and legal entities were sued over charges based on their social
media posts. In the same period, 234 foreigners and eight legal entities were
prosecuted, with nine foreigners being given prison terms.
The number of cases of
“insulting” the president were lower in the pre-Erdogan period in Turkey.
Turgut Ozal in early 1990s even put critical caricatures on the walls of his
own residence to praise the critics.
“Those who have been
investigated for insulting the President could easily run a political party
together and pass the electoral threshold with the support of their relatives,”
lawyer Ali Gul tweeted.
In September, former
co-chair of Democratic Regions Party (DBP) Sebahat Tuncel was sentenced to 11
months of prison over charges of insulting the president, after she claimed
that Erdogan was “an enemy of women and Kurds.”
According to the ruling of
European Court of Human Rights (ECHR), of which Turkey is a founding member, a
speech should be interpreted as a whole and concentrating on a few words to
form a crime of insult should be avoided.
Those convicted of insulting
the president may be imprisoned for a period of between one and four years. The
sentence is likely to be increased by one-sixth if the act is committed
explicitly.
However, article 299 of
Turkish Penal Code remains valid because of the concerns of the state
establishment for “protecting public order and democratic society” and is
mostly used on a selective basis.
The article is criticized by
right groups and opposition as they see it as a tactic to suppress criticism in
the country and to create an atmosphere of fear.
In 2014, Turkish police
arrested a 16-year-old boy for insulting Erdogan during a speech at a student
protest. The pupil was taken out of his class by police force – a move that
went against the UN charter on child rights.
A year later, in 2015, two
children, aged 12 and 13, were sent to prison over charges of insulting the
president after they tore posters of his image in the southeastern province of
Diyarbakir.
They said they were trying
to sell the paper to recyclers to make money, and did not look carefully at the
pictures.
In January, Erdogan pardoned
two Turkish children after a trial over their insulting him and the government
on social media, provided that they apologize to him and learn nationalist
poems by heart.
Recently, Turkish dissident
journalist Ender Imrek was found innocent of “insulting” Erdogan’s wife, Emine
Erdogan, following an article he wrote last year to criticize the
“extravagance” of first lady when she was appearing in public with a
$50,000-worth handbag when people in the country are seriously suffering from
hunger and unemployment.
The indictment said that
Imrek had insulted the First Lady by “not praising her.”
In the meantime, video
streaming giant YouTube accepted the appointment of a Turkish representative in
compliance with the country’s recent social media regulation — a legal move
that is likely to trigger widespread censorship for online expression and open
the way for more prosecutions for insulting charges.
However, other politicians
in Turkey are constantly insulted and threatened with total impunity for the
perpetrators.
Notorious mafia leader
Alaattin Cakici, politically affiliated with the government’s coalition
partner, the Nationalist Movement Party (MHP), has attacked the main opposition
party Republican Peoples’ Party (CHP) and its leader Kemal Kilicdaroglu several
times over the past month with letters full of insults and even death threats.
MHP deputy leader Semih
Yalcin recently insulted the pro-Kurdish Peoples’ Democratic Party (HDP),
calling it “a flock of insects that needs to be killed” — which also aroused
fears of incitement to genocide.



