Prison sentence and political ban sought for Ümit Özdağ over insulting Ali Erbaş: 'Cannot be met with tolerance'

The first hearing of the case, held at the Ankara 14th High Criminal Court, took place on April 16, while Özdağ was in Silivri Prison on charges of "inciting the public to hatred and enmity." Participating in this hearing via the SEGBİS video link, Özdağ began his defense by saying, "I am Zafer Party Chairman Ümit Özdağ. When political parties are established in Turkey, the delegations that will form the parties usually go to Brussels and Washington to set out, they make contacts there, and the parties are established as a result of those contacts. When I was establishing the Zafer Party, I did not go to any capital in the West with my friends. In the establishment of the Zafer Party, following a visit to Anıtkabir, I visited the tomb and grave of Khoja Ahmed Yasawi in Turkestan, prayed there, and set out by bringing the soil we received from there to under the black mulberry tree at the gate of Hacı Bektaş Veli's tomb in Anatolia."

I STAND BY IT... I WILL NOT TAKE A STEP BACK

Continuing to explain why he did this and what the Turks experienced in the historical process, Özdağ brought the subject to Mustafa Kemal Atatürk and the August 30 Victory Day, stating the following:

"I was in Afyon on the 100th anniversary of this offensive. At the Friday prayer in Afyon, no Fatiha was recited for the Commander-in-Chief of this army. A Fatiha was withheld from the Commander-in-Chief of this army. Upon this, I leveled heavy criticism at the President of Religious Affairs with these feelings, thoughts, and emotions. The reason I made this criticism is not Ali Erbaş's personal career or the position he holds as the President of Religious Affairs, but a reaction shown to the withholding of a Fatiha from the Commander-in-Chief of the last army raised by a nation that was subjected to genocide. I say it in your presence, I stand behind this reaction. For the sake of God, I will not take a step back from this point. I want a Fatiha from the President of Religious Affairs for the commander of this army, for the founder of our Republic. Am I asking for too much?"

The Presiding Judge stated that it was understood from the documents received in the file that Atatürk himself had requested in a decree he signed that he not be mentioned in sermons, and asked what he had to say about this.

Özdağ replied, "When he was President, he requested that his name not be read in the sermon. Of course, this is natural, but after his passing, just as prayers are said for our martyrs and veterans on all national days, a Fatiha has been recited for the soul of Atatürk in sermons; it has been recited for decades. We have all gone to Friday prayers and witnessed this. However, we are in Afyon on the 100th anniversary of the Offensive, and while prayers are being said in that city, no Fatiha is recited by saying 'May God have mercy on him.' This is not acceptable," and added the following:

"This is a national outrage. I wish the President of Religious Affairs had been more understanding in the face of this national outrage. Look, I am currently in a 2-square-meter space because I was under arrest. If I were in the place of the President of Religious Affairs, I would have said, 'Mr. Özdağ, I am withdrawing this complaint of mine until you get out of there.' There were those who did this. I would have thanked him for this and expressed that I knew the value of what he did, but he did not. That is his own business."

ERBAŞ'S LAWYER: "I HAVE NEVER GONE TO FRIDAY PRAYER"

In the same hearing, when Özdağ's lawyers, Murat Yıldız and Güçlü Emre Özgür, pointed out that a defense was made that Atatürk's name was included in the statements of the President of Religious Affairs Erbaş and the Presidency, but that these texts did not create the effect that a sermon would, Erbaş's lawyer gave this interesting response:

"Since personal opinions have been put forward, I have naturally never gone to Friday prayer. I have also heard from most people who go to Friday prayer that the sermon is not something that is listened to very much either. If the effect on society is to be considered, then the internet is at every young person's fingertips. Everyone follows social media and websites more easily. People who cannot go to Friday prayer, people who cannot get permission from their work; this is everyone's independent religious and conscientious opinion. They live however they want to live. These are somewhat malicious interpretations. When you go to the Diyanet, just like here, it is also an institution of the state. I went to every room, I saw it, the portrait of Gazi Mustafa Kemal Atatürk is present."

PROSECUTOR: "THESE WORDS CANNOT BE MET WITH TOLERANCE BY SOCIETY"

The second hearing of the case was held today. Neither the complainant Ali Erbaş nor any representative from the Presidency of Religious Affairs, whose request to participate in the case was accepted, attended the hearing, which Prof. Ümit Özdağ did not attend, citing his excuse of being in Istanbul.

The Presiding Judge stated that it was understood from the documents received in the file that Özdağ was released on June 17, and that the information requested from the courts regarding other cases opened against Özdağ had been sent, before asking the Prosecutor for his opinion.

The Prosecutor, who stated that he wanted to present his opinion on the merits, emphasized that Özdağ, who was a member of parliament at the time of the incident, used expressions on the official social media accounts of the Zafer Party such as, "We are protesting the Diyanet... On June 19, 2023, Turkey will wake up to a great Victory! There are 336 days left to reorganize the Presidency of Religious Affairs... Under the Zafer Party government; our mosques will not be a propaganda center for a party, they will again be the temples of our nation... The Diyanet will be a state institution that serves our nation, not the government... Today is August 26; we are on the 100th anniversary of the day the Turkish Army launched the great Offensive against the Greek army in Afyon. Today, he did not mention Atatürk's name in the Friday sermon, and the name of the Turkish Nation that won this victory is not in the text either. Ali Erbaş, you are an enemy of the Turkish Nation... This man is an enemy of the Republic of Turkey... He is preparing to flee abroad like those before him," and emphasized that these words could not be evaluated within the scope of freedom of thought and expression, and that expressions belittling individuals could not be met with tolerance by society, and requested a prison sentence of up to 2 years and a political ban for Ümit Özdağ on the grounds that he committed the crime of publicly insulting a public official.

Ali Erbaş's lawyer stated that they agreed with the opinion, but that they also wanted Özdağ to be punished for damaging Erbaş's honor, dignity, and reputation, because he created a perception with organized and continuous posts, and therefore Erbaş was subjected to hundreds and thousands of insults.

Özdağ's lawyers, Murat Yıldız and Güçlü Emre Özgür, also requested time to prepare a defense against the opinion on the merits. Granting a 2-month extension, the Court adjourned the hearing to October 30.

Müyesser YILDIZ

July 10, 2025