Constitutional Court ruling on 'freedom of expression': Rasim Ozan Kütahyalı loses 'FETÖ member' lawsuit
Rasim Ozan Kütahyalı, who is close to the government, lost the lawsuit he filed against former YARSAV President Ömer Faruk Eminağaoğlu, who had called him a 'FETÖ member.' Eminağaoğlu, who was initially sentenced by the court, was retried and acquitted following a 'violation of rights' ruling by the Constitutional Court (AYM). Upon review, the AYM decided that 'the freedom of expression guaranteed under Article 26 of the Constitution was violated.'
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Former Union of Judges and Prosecutors (YARSAV) President Ömer Faruk Eminağaoğlu, in a post on his social media account on November 29, 2019, regarding an article by pro-government figure Rasim Ozan Kütahyalı titled "An open letter to Hocaefendi!", had used the expressions "If Nagehan Alçı speaks, can Rasim Ozan Kütahyalı remain silent? Why are these FETÖ members still free... Is there anyone to explain..."
Following this post, a lawsuit was filed against Eminağaoğlu at the Istanbul 43rd Criminal Court of First Instance upon the complaint of Rasim Ozan Kütahyalı and Nagehan Alçı. During the trial process, while Nagehan Alçı withdrew her complaint, the court sentenced Eminağaoğlu to a judicial fine of 1,740 TL for the crime of "insult via audio, written, or visual communication."
'FREEDOM OF EXPRESSION VIOLATED'
Eminağaoğlu took the local court's decision to the Constitutional Court. In his application, he argued that the expressions he used should be evaluated within the scope of freedom of expression, stating, "The complainants were making praising remarks in favor of Fetullah Gülen before July 15, and it is natural for them to be criticized."
According to a report by Birgün, the AYM decided upon review that "the freedom of expression guaranteed under Article 26 of the Constitution was violated."
ACQUITTAL DECISION FROM THE COURT
In line with the AYM's violation ruling, the case was reconsidered. At the hearing held at the Istanbul 43rd Criminal Court of First Instance on February 5, 2026, the prosecutor requested an acquittal, stating that the expressions in question remained within the limits of freedom of expression. The court issued an acquittal decision for Ömer Faruk Eminağaoğlu on the grounds that "the legal elements of the crime were not formed."