Istanbul Bar Association President Saraç reacts to Justice Minister Tunç over Diamond Tema

Justice Minister Tunç explained the limits of freedom of expression in a social media post. Tunç stated, "The freedom to express and disseminate thoughts is an indispensable condition in democratic societies.

However, according to the Constitution and international legal regulations, freedom of expression can be restricted for reasons such as national security, public order, the prevention of crimes, and the protection of the rights of others," he said.

Following this, Istanbul Bar Association President Filiz Saraç stated that Tunç's post was unacceptable, saying, "We wish for the Minister to show the same sensitivity toward structures that operate against the secular Republic."

WHAT HAPPENED?

Minister Tunç stated, "Due to the insulting, ugly, and provocative expressions used regarding our Prophet in a video content shared on the social media account named Yer6, an ex officio investigation was immediately launched by the Istanbul Chief Public Prosecutor's Office on 16.06.2024 for the crime of 'publicly inciting the people to hatred and hostility,' and an arrest warrant has been issued for the suspect Diamond Tema as he is abroad. The provocative, ugly, and insulting expressions used regarding the Islamic religion and our beloved Prophet can never be accepted."

RESPONDED TO CRITICISM ON SOCIAL MEDIA

Numerous criticisms were directed at Tunç's statement on social media. It was pointed out that the words subject to the investigation were present in the publications of the Presidency of Religious Affairs (Diyanet). Theologian Cemil Kılıç also said, "The investigation was opened against the wrong person. The investigation should be opened against the primary hadith scholar, Imam Bukhari. Diamond read the hadith in Bukhari."

Upon the intensification of criticism, Justice Minister Yılmaz Tunç stated, "The freedom to express and disseminate thoughts is an indispensable condition in democratic societies.

Just as states strive to ensure this freedom in their domestic laws, this right is also protected under international legal regulations. The exercise of this right and the limitations to which it is subject are regulated in Articles 25 and 26 of our Constitution, Article 10 of the European Convention on Human Rights, and Article 19 of the UN International Covenant on Civil and Political Rights," he said. Tunç continued his post as follows:

LISTED THE CIRCUMSTANCES UNDER WHICH FREEDOM OF EXPRESSION CAN BE RESTRICTED

"It is stated in our Constitution and all international legal regulations that everyone has the right to express and disseminate their thoughts and opinions, either individually or collectively, by word, writing, picture, or other means, and that this freedom also includes the freedom to receive or impart information or ideas without interference by public authorities. It is stated that the exercise of these freedoms may be restricted for the purposes of protecting national security, public order, public safety, the fundamental characteristics of the Republic, and the indivisible integrity of the state with its territory and nation, preventing crimes, punishing criminals, not disclosing information duly classified as a State secret, protecting the reputation or rights of others, private and family life, or professional secrets prescribed by law, or ensuring the proper performance of the judicial function. It is a clear provision of our law that individuals who exceed the limits of respect for the rights and reputation of others through social media and certain press and media outlets, commit the crime of inciting the public to hatred and hostility, or publicly denigrate the religious values adopted by a section of the public, will be punished in accordance with Article 216 of the Turkish Penal Code (TCK). Criticisms made by those who are uncomfortable with the judicial investigations launched due to the use of defamatory and ugly expressions exceeding the limits of freedom of expression toward our Prophet in some social media channels and press organs recently are unfair criticisms. It is our Public Prosecutors during the investigation phase, and our impartial and independent courts during the prosecution phase, who will evaluate whether such expressions of thought constitute a crime."

'THE POST IS UNACCEPTABLE'

Istanbul Bar Association President Filiz Saraç reacted to Tunç on her social media account following this post with the following words:

"The post made by the Minister of Justice (Yılmaz Tunç), as a jurist who also served as a member of our Bar Association for a period, is unacceptable! According to Article 26 of the Constitution of the Republic of Turkey, titled 'Freedom of expression and dissemination of thought,' 'Everyone has the right to express and disseminate their thoughts and opinions, either individually or collectively, by word, writing, picture, or other means.'

' Article 10 of the European Convention on Human Rights (ECHR) also states, 'Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.' We wish for the Minister to show the same sensitivity toward structures that operate against the secular Republic."