Erdoğan loses lawsuit filed against Özgür Özel: Ruling finds no violation of personal rights

President Recep Tayyip Erdoğan had filed a compensation lawsuit against CHP Chairman Özgür Özel due to remarks made during a speech at a rally held in Esenyurt on October 31, 2024. Erdoğan's lawyers had requested that Özel be tried for "publicly insulting the President" and "slander," and demanded 1 million lira in non-pecuniary damages. However, the Istanbul Anadolu 8th Civil Court of First Instance dismissed the case.

COURT RULES NO ATTACK ON PERSONAL RIGHTS

The court decided that the content of the speech delivered by Özgür Özel at Esenyurt Square constituted harsh criticism and did not amount to an attack on President Erdoğan's personal rights. The court concluded that the allegations of insult and slander stated in the petition were not valid and that these words were merely a form of criticism.

RATIONALE SUPPORTED BY ECHR RULINGS

The reasoning for the court's decision included the emphasis placed by the Constitutional Court on the "freedom to express thoughts." According to the Constitution, it was stated that in order to ensure social and political pluralism, freedom of thought must be expressed freely and peacefully. Furthermore, the European Court of Human Rights' (ECHR) finding that "freedom of expression is also applicable to information that may shock or disturb" was cited. The court stated that Özgür Özel's remarks should be evaluated within the framework of freedom of criticism, which is part of a democratic social order.

The court's decision also detailed the criticisms voiced by Özgür Özel at the rally held following the arrest of Esenyurt Mayor Ahmet Özer. In his speech, Özel had claimed that the arrest was unlawful and that this process was carried out based on instructions received by the Istanbul Chief Public Prosecutor. He had also made statements to the effect that "if the problems in the country are determined by the administration, it is a dictatorship."

The court stated that these remarks did not contain a serious personal insult directed at President Erdoğan and that the words were directed not at a private citizen, but at a politician in the public eye, constituting harsh criticism. According to ECHR jurisprudence, it was noted that politicians in the public eye, and even the President, have an obligation to endure even the harshest criticism.

DECISION: DISMISSAL OF THE CASE

The court determined that the speech made by Özgür Özel regarding President Erdoğan was in the nature of "harsh criticism" and did not constitute an attack on personal rights, and therefore decided to reject the request for 1 million lira in non-pecuniary damages.

News Source: 12punto