Journalist Merdan Yanardağ faces up to 8 years in prison for 'insulting president'

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TELE1 TV's Chief Editor, Merdan Yanardağ, faced trial on charges of "insulting the president" due to his article series titled "Fascism and Islamist Fascism," published in BirGün newspaper. During the hearing yesterday at İstanbul 2nd Criminal Court, the prosecutor demanded a sentence of up to 8 years and 2 months in prison for the journalist.

The court session was attended by Yanardağ's lawyer, Bilgütay Hakkı Durna, and the attorney Erem Gençer, representing President Recep Tayyip Erdoğan.

Gençer, stated that their complaints against the defendant were ongoing, and they requested to participate in the case, emphasizing their demand for the defendant's punishment. Following this statement, the defense attorney mentioned that they would present their arguments after the prosecutor's judicial opinion was announced.

During the hearing, the prosecutor presented their opinion on the substance of the case, stating that Yanardağ was the author of the series of articles titled "Fascism and Islamist Fascism," published in BirGün newspaper between April 10, 2022, and May 29, 2022.

According to the prosecutor's opinion, in Yanardağ's seventh article, he mentioned the president's name and made "accusations" such as "rigging elections and seizing the people's will," leading to charges of "publicly insulting the President" in a "chain-like manner." The prosecutor demanded a sentence ranging from 1 year, 5 months, and 15 days to 8 years and 2 months in prison.

Accepting Erdoğan's lawyer's request to participate in the trial, the court adjourned the hearing, giving the lawyers time to present their statements in response to the mütalaa.

In late June, Yanardağ was arrested on charges of "terror propaganda" in late June for criticizing the prison conditions of Abdullah Öcalan, the leader of the banned Kurdistan Workers' Party (PKK), during a program on TELE1 TV.

This case is scheduled to commence on October 4 at İstanbul 30th Heavy Penal Court.

Trials for 'insulting the president' in Turkey

Between 2014, when Erdoğan was elected the president, and 2022, over 160,000 people were investitaged for "insulting the president". More than 35,000 of them turned into court cases.

In these trials, over 38,000 people and more than a thousand children appeared before the judge. The number of cases during Erdoğan's first 4-year term in office increased by 19.5 times and by 2,052 percent when compared to the term of former President Abdullah Gül.

In the trials, 12,881 people have been convicted, 3 thousand 625 people, including 10 children, have been sentenced to prison.

In 2020 alone, 45,000 investigations were launched against people on the charge of "insulting the President" and lawsuits were filed against 9,773 people as a result of these investigations.

Article 299 of the Turkish Penal Code

A person convicted of "insulting the president" as per the Article 299 of the Turkish Penal Code (TCK) is sentenced to 1 year to 4 years in prison. If the offense is committed publicly, the sentence is increased by one sixth. Prosecution on this charge is subject to the permission of the Justice Ministry. However, it is regarded as a formality and it is not known, according to the reports, whether there is any person for whom no permission has been granted by the Ministry to be prosecuted on this charge.

(TY/VK)