The misdemeanor of hanging a banner!..

An interesting decision was made in the investigation opened on charges of "publicly inciting hatred and hostility" regarding the banner hung at the Zafer Party Düzce Provincial Presidency, which read, "There is no amnesty for the murderers of our children! There is no negotiation with terror, there is only struggle."

First, let us briefly recall the incident.

After this banner was hung on the party building on the night of October 5, the police called Provincial Chair Hülya Eroğlu and asked for the banner to be removed, citing a complaint. Eroğlu asked who the complainant was and also requested to see the prosecutor's order.

However, the police, who went to the party building at midnight, took down the banner with the help of the fire department and confiscated it. Immediately afterward, it was reported that an investigation had been opened regarding the banner.

The next day, while Provincial Chair Eroğlu, who went to the Police Department, was still not shown the prosecutor's document, her statement was taken for "inciting the public to hatred and hostility." While explaining that they hung the banner in question as a requirement of her party's policy, as well as for the indivisible integrity of the homeland, the cherished memory of our martyrs and veterans, and within the scope of Constitutional rights, Eroğlu filed a criminal complaint against the police and fire department employees who entered the party building without permission and without any judicial/prosecutorial order, on charges of "qualified theft and misconduct in office."

The prosecutor's office, which handled the investigation opened on charges of "inciting the public to hatred and hostility" regarding the banner and the criminal complaint filed by Provincial Chair Eroğlu against the officials who took down the banner together, decided "no grounds for prosecution" for the former, while finding no need to conduct an investigation for the latter.

There was a "Risk of Delay"

Let us come to the details of these two decisions.

In the justification for the "no grounds for prosecution" decision regarding the charge of "publicly inciting the public to hatred and hostility" against Provincial Chair Eroğlu, it was stated:

"Considering that the condition of 'the emergence of a clear and imminent danger in terms of public safety' is sought for the crime in question to occur, that the crime regulated in Article 216 of the Turkish Penal Code (TCK) is a concrete danger crime, that the expressions in the banner content are in the nature of a general and abstract reaction and political criticism, that the expressions in question do not directly target any racial, religious, ethnic or regional group living in the country, that they are not of a nature to incite one segment of society to hatred and hostility against another, and that the legal elements of the crime have not been formed..."

Before the justification, it was explained why, how, and with what decision the banner was confiscated:

"The banner was taken under protection and confiscated within the scope of a situation where there was a risk of delay, and the confiscation was approved by the Düzce 2nd Criminal Court of Peace's decision numbered 2016/...."

In connection with this, let us also convey the justification for the "no need for investigation" decision given for the criminal complaint filed by Provincial Chair Eroğlu against the officials who took down and confiscated the banner. The following was recorded:

"In the evaluation made, it was determined that there was no fact requiring a crime report or the opening of an investigation regarding the actions in question, that the judicial law enforcement and fire department personnel did not act arbitrarily, that the actions of the authorized personnel constituted a reason for compliance with the law within the scope of 'execution of a provision of law' and 'fulfillment of an order given by an authorized authority, the fulfillment of which is mandatory due to duty' regulated in the TCK, that the banner subject to the investigation was confiscated within the scope of a 'situation where there was a risk of delay', that the actions subject to the complaint were carried out for the purpose of preserving the evidence of the crime, that the confiscation process was approved by the Düzce 2nd Criminal Court of Peace's decision numbered 2026/...., and that there was no evidence, indication, or legal basis that the authorized personnel committed the alleged crimes..."

From the expressions in question, it is understood that the confiscation of the banner was approved by the Criminal Court of Peace. But if you notice; there is no information regarding which authority first gave the confiscation order with the justification of "risk of delay," nor is there the date of the Criminal Court of Peace's decision to approve it!..

I asked Provincial Chair Hülya Eroğlu whether they had seen the confiscation order or the approval of the Criminal Court of Peace during the past month; she replied, "No, we have not." Eroğlu's lawyer, Şener Bakbak, also stated that they would appeal the decision made against the officials, arguing that the decision should be re-evaluated in terms of the legal basis for the intervention in the banner, the necessity and proportionality of the measure applied, and its effects on political party activities.

Why Was the Banner Not Returned?

The prosecutor's office signed another interesting decision in the banner investigation.

Following the finalization of the decision of no grounds for prosecution, the prosecutor's office, mentioning that "the act of hanging the banner in question may constitute a misdemeanor of an administrative nature," decided that the banner, which was kept in judicial custody, should be sent to the Düzce Police Department "for the appreciation and fulfillment of the requirements in accordance with Article 42 of the Misdemeanors Law."

Let us look at this article immediately; it stipulates that an administrative fine of 100 to 3 thousand liras shall be imposed on "a person who hangs cloth, paper, and similar posters and announcements on squares or parks, on public walls or areas along streets or roads, or on areas belonging to private individuals without their consent."

Was the banner hung on "squares, parks, public walls or areas along streets or roads" or "on areas belonging to private individuals without their consent"? No, it was at the party's provincial presidency.

Well, is there a regulation regarding banners in the Law on Political Parties? There is, but it is as follows:

"They cannot use any language other than Turkish in the writing and publication of their statutes and programs, in their congresses, in open or closed hall meetings, in their rallies, and in their propaganda; they cannot use or distribute banners, signs, plaques, audio and video tapes, brochures, and declarations written in languages other than Turkish; they cannot remain indifferent to these actions and transactions being carried out by others."

Lawyer Şener Bakbak noted that the decision in question does not mean a finalized administrative sanction against Provincial Chair Hülya Eroğlu, but that there is a possibility of further action by the relevant administrative authorities, and that they will appeal if any administrative sanction decision is made.

In short; those who try to fit the "There is no amnesty for the murderers of our children! There is no negotiation with terror, there is only struggle" banner into the Misdemeanors Law when the crime of "inciting the public to hatred and hostility" does not emerge, I wish they would also take a look at the parties that clearly violate the "principle that the state is an indivisible whole with its territory and nation, and that sovereignty belongs unconditionally to the Turkish Nation," demand an official language other than Turkish, engage in regionalism and racism, or want the abolition of secularism, despite the clear provisions in the Law on Political Parties!..

Müyesser YILDIZ

November 8, 2026