Erdoğan had filed a 1 million TL compensation lawsuit: New development in the 'insulting the President' and 'slander' investigation against Özgür Özel

The Anatolian Chief Public Prosecutor's Office has issued a decision of "lack of jurisdiction" in the investigation initiated following a criminal complaint filed by the lawyer of AKP Chairman and President Recep Tayyip Erdoğan against CHP Chairman Özgür Özel regarding his remarks during a speech in front of the Esenyurt Municipality, on charges of "publicly insulting the President" and "slander."

The Chief Public Prosecutor's Office decided to send the investigation file to the Ankara Chief Public Prosecutor's Office Parliamentary Bureau.

In the decision of lack of jurisdiction taken by the Special Investigation Bureau of the Anatolian Chief Public Prosecutor's Office, it was stated that the complained party, Özel, is a 28th term CHP Manisa Deputy, and it was noted that, in accordance with Article 161/9 of the Criminal Procedure Code No. 5271, the investigation regarding deputies must be conducted by the Ankara Chief Public Prosecutor's Office.

In the decision, the relevant article of the law was explained as follows:

"The authority to conduct investigation and prosecution regarding a deputy who is alleged to have committed a crime before or after the election belongs to the Ankara Chief Public Prosecutor's Office and the high criminal court of that jurisdiction. The investigation is conducted personally by the Chief Public Prosecutor or a deputy assigned by them."

CRIMINAL COMPLAINT PETITION

In the criminal complaint petition submitted to the Istanbul Anatolian Chief Public Prosecutor's Office by Erdoğan's lawyer, Ahmet Özel, it was stated that Özgür Özel had directly targeted Erdoğan with vulgar expressions in his speech in front of the Esenyurt Municipality.

In the petition, it was requested that the necessary procedures be carried out for Özel to be punished to the maximum extent for the crimes he is accused of, and the following statements were included: "The Republic of Turkey has been subjected to a grave insult in the person of the Presidency and specifically in the person of our President Recep Tayyip Erdoğan. A crime has been publicly committed against the reputation and honor of the Republic of Turkey and the Turkish nation."

In the petition, it was requested that the necessary investigation be conducted and a public lawsuit be filed to ensure that Özel, whose speech was cited, be punished according to the "publicly insulting the President" and "slander" articles of the Turkish Penal Code.

1 MILLION LIRA NON-PECUNIARY DAMAGES LAWSUIT

In the lawsuit petition submitted to the Istanbul Duty Civil Court of First Instance regarding the incident, it was recalled that Esenyurt Mayor Ahmet Özer had been detained and subsequently arrested due to strong suspicion of committing the crime of "being a member of the PKK/KCK armed terrorist organization."

In the petition, it was stated that during his speech, Özel used expressions amounting to insult and slander against state organs and President Erdoğan, and it was emphasized that Özel's remarks constituted an attack on Erdoğan's honor, dignity, and reputation, and represented a grave attack on his personal rights protected by law.

Pointing out that it is not possible to compensate for the non-pecuniary damage that has occurred, the petition stated, "In order to reduce the damage and grievance of my client to some extent, it has become necessary to apply to the honorable court and request a decision for the payment of 1 million TL in non-pecuniary damages for the act subject to the lawsuit."

The petition was accepted by the Anatolian 51st Civil Court of First Instance.

News Source: AA