Complaint filed by Gürsel Tekin against YENİ Party youth: Prosecutor's Office deems Tekin a 'public official'

The Istanbul 45th Civil Court of First Instance, through a file review, had suspended CHP İstanbul Provincial President Özgür Çelik and his administration—who were elected at the 38th Ordinary CHP İstanbul Provincial Congress held on October 8, 2023—as a precautionary measure, and appointed a 5-member committee including Gürsel Tekin as trustees in their place. 

While allegations that Gürsel Tekin, appointed as a trustee to the CHP İstanbul Provincial Presidency, was causing discomfort to both Central Executive Board (MYK) members and Kılıçdaroğlu were on the agenda, 12punto reached information that Tekin had filed a complaint against a youth who is a member of the Yeni Party, using the title of "public official."

The expressions used by the Yeni Party member Ata Temur, against whom the complaint was filed, in a post on X regarding Tekin, "We are not going to talk to the watchdog of a reactionary" are cited as the reason for the investigation for being offensive to honor, dignity, and respectability. 

On the other hand, unlike similar investigations where Tekin was previously the complainant, for the first time, the Prosecutor's Office included him with the status of "public official." In the indictment, which claims that Tekin acted within the scope of state resources, the prosecutor's office requested that Temur be found guilty in accordance with Article 53 of the Turkish Penal Code (Deprivation of Certain Rights).

'We see that information unrelated to the case is also being added to the file'

Speaking to 12punto on the subject, Attorney Mustafa Atahan Öztürk said, "The processes begin with the complaint petitions of the person who claims to be the complainant and victim.

So far, we have encountered complaint petitions prepared by many different lawyers. In these complaint petitions, we see that information unrelated to the file is also being added to the file, especially by conducting open-source research.

There are many legal processes initiated by Gürsel Tekin stating that his honor and dignity have been offended. Here, legal processes are essentially being imposed as a response to the resentment, reluctance, and protest directed by young people in particular toward someone who has somehow managed to 'exist' within politics.

By using the law as an imposition, he creates an example of lawlessness by filing complaints against many people. It is known to all of us that these examples of intolerance, especially in politics today, do not have long career lives. We will continue to fight for the increase of political tolerance and a culture of criticism in the construction of the future." he said.

'We oppose these claims to the end'

Defining Trustee Tekin's self-identification as a public official in every complaint as a "lack of character," Attorney Öztürk stated, "We see the same sentences and claims about being a public official in every one of his complaints. He thinks he can be a public official due to an interim decision given in the Istanbul 45th Civil Court of First Instance file numbered 2025/254 E., but this is not possible in line with our laws and jurisprudence. Since he could not reach a point as a result of the choice of a political will, his appointment through unlawful decisions is the only branch he can hold onto. In many files, this real and unlawful claim of his has not been accepted. However, the claim of being a public official is also included in the indictment prepared against our client Ata Temur, and we oppose these claims to the end." he said.

'We believe it was specifically mentioned for the client's political past and future'

Regarding the referral request under TCK 53, Attorney Öztürk commented, "It is an issue we mostly see in indictments prepared by the Prosecutor's Office. It must also be present as a legal requirement. The mentioned article is a regulation regarding the non-exercise of certain rights during the execution phase. Within the regulation, it is stated that certain rights cannot be exercised depending on the duration of the conviction. We believe that this issue was specifically mentioned in the indictment for the sake of the client's political past and future." he commented.

WHAT HAD HAPPENED?

It was alleged that Gürsel Tekin had attacked Ata Temur, who was a substitute member of the Provincial Board of Directors at the time, in recent months. Among the allegations denied by Gürsel Tekin's lawyer Yiğit Acar were claims that Tekin had said to Temur, "I will make you eat those mustaches."