Court of Cassation rules calling a neighbor 'cucumber' is not an insult
The 4th Criminal Chamber of the Court of Cassation has overturned a local court's conviction of an individual who called their neighbor a "cucumber" (hıyar), ruling that the expression does not constitute the crime of insult.
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A dispute between two neighbors living in a residential complex began when one reported the other's dog to the municipality. Upon the arrival of municipal police officers at their home, the defendant asked their neighbor, "Are you the one who reported me?" When the neighbor replied, "Yes, it was me," the defendant became angry and retorted, "Get out of here, you cucumber!" Following these words, the neighbor filed a lawsuit, claiming they had been insulted.
Based on witness testimony, the local court ruled that the defendant had committed the crime of insult and imposed a judicial fine of 3,480 TL. The sentence was increased because the incident occurred in public. However, the defendant appealed the decision and took the case to the Court of Cassation.
THE COURT OF CASSATION'S DECISION
The 4th Criminal Chamber of the Court of Cassation acknowledged that the defendant's statement was rude and offensive. However, it stated that the expression "Get out of here, you cucumber" did not directly harm the honor and dignity of the other party. The High Court ruled that such expressions should be considered impolite behavior rather than falling under the scope of the crime of insult.