The 'fool' case against İmamoğlu in six questions: What happened? What will the verdict be?

CHP officials gathered in Istanbul to discuss the court ruling that could impose a political ban on Istanbul Metropolitan Municipality (IMM) Mayor Ekrem İmamoğlu. CHP Chairman Özgür Özel could not attend the meeting as he had traveled to the U.S. to participate in the Socialist International meeting, but he did issue a statement regarding the matter.

Özel stated, "They have set up a conspiracy to impose restrictions on Ekrem İmamoğlu, possibly due to his potential presidential candidacy, and the pawn of this conspiracy is Süleyman Soylu."

The CHP wants to determine how to proceed in the event that the political ban ruling is upheld. In addition to representatives from the CHP Headquarters, İmamoğlu and his lawyers are also attending the meeting. So, what was the 'fool' case that resulted in a sentence for İmamoğlu?

What is the incident that became the subject of the 'fool' case?

Istanbul Metropolitan Municipality Mayor İmamoğlu criticized the cancellation of the March 31 elections at a congress held in Strasbourg, France, on October 30, 2019. In response, the then-Minister of Interior Süleyman Soylu stated, "I am saying this to the fool who went to the European Parliament and complained about Turkey; this nation will make you pay the price for this."

When journalists asked İmamoğlu about Soylu's remarks, he replied, "I look at the words to see if they are words, and I look at the person to see if they are a man. Those who canceled the election on March 31 are the real fools; they should focus on that first." The matter was later taken to court on the grounds that İmamoğlu's words targeted the Supreme Election Council (YSK), which had canceled the elections.

How was İmamoğlu accused in the prepared indictment?

In the indictment prepared by the Istanbul Anatolian Chief Public Prosecutor's Office regarding İmamoğlu, it was alleged that the Istanbul Metropolitan Municipality mayoral election held on March 31, 2019, was annulled on May 6, that Ekrem İmamoğlu was elected in the renewed election, and that he insulted YSK members in a press statement dated November 4.

The indictment requested that İmamoğlu be sentenced to between 1 year, 3 months, 15 days and 4 years, 1 month for the crime of "publicly insulting public officials working as a board due to their duties in a chain manner." The prosecutor also requested the application of Article 53 of the Turkish Penal Code (TCK), which includes a "political ban," against İmamoğlu.

What was the verdict regarding İmamoğlu?

The verdict in the case was delivered on December 15, 2022. The court sentenced İmamoğlu to 2 years, 7 months, and 15 days in prison and applied the "political ban" provision in accordance with Article 53 of the Turkish Penal Code (TCK). The judge did not apply any discretionary reduction to the sentence given to Ekrem İmamoğlu. On the day the verdict was announced, the leaders of the then-Table of Six went to Saraçhane to show their support for İmamoğlu. For the verdict to become final, the appellate court and Court of Cassation processes must also be completed.

What does the reasoned decision say?

The reasoned decision stated that it was "unquestionably clear" that the target of the expression used by İmamoğlu was the members of the Supreme Election Council (YSK). The court noted, "The defense put forward by the defendant on this matter, namely the claim that the target of the words was Minister of Interior Süleyman Soylu, has been evaluated as a defense developed to escape punishment due to the mutual insult provision defined in Article 129 of the Turkish Penal Code (TCK)."

Did İmamoğlu mean the YSK or Soylu?

İmamoğlu, for his part, maintains that with his words he was actually referring to Süleyman Soylu, to whom he was responding. Pointing out that Soylu had called him a "fool" in the speech where he criticized him, İmamoğlu had stated, "I gave him his answer in return. I said, you cancelled the election, you are the fool. I said this to the Minister, but I did not make such a statement to the Supreme Election Council. I gave my testimony regarding this as well." Throughout the trial, who İmamoğlu was actually referring to was frequently brought up.

What happens next?

Following the appeal filed by İmamoğlu's lawyers against the sentence, the case file was transferred to the 24th Criminal Chamber of the Istanbul Regional Court of Justice. However, the chamber has not yet reached a decision. The appellate court has two options: to reject or accept the appeal. Alternatively, the appellate court may hold its own hearing to review the case. If İmamoğlu's appeal is rejected, the file will then go to the 4th Criminal Chamber of the Court of Cassation. The Court of Cassation has the authority to overturn or uphold the decision. If the decision is overturned, the case will be retried in the local court. If the decision is upheld, the sentence against İmamoğlu will become final, and he will be subject to a political ban. (DW Türkçe)