İmamoğlu's 'Fool Case' moved to Parliament: CHP deputy submits legislative proposal!

Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu is facing a trial that has turned into a demand for a political ban, and the "Fool Case" has now been moved to Parliament. 

According to Aytunç Erkin from Sözcü; CHP Ankara Deputy Deniz Demir has requested an amendment to the criminal element contained in clause (a) of the 3rd paragraph of Article 125 of the TCK.

'SHOULD BE EVALUATED WITHIN THE SCOPE OF THE CRIME OF INSULT'

The relevant section of the article written by Erkin, which concerns İmamoğlu, is as follows:

I have a proposal in my hand that has been submitted to the Speaker of Parliament. It was submitted by CHP Ankara Deputy Deniz Demir. Demir states, "My Legislative Proposal on the Amendment of the Penal Code is submitted in the attachment along with its justification." The proposal by the CHP deputy closely concerns the "Fool Case," in which Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu received a "political ban" under clause (a) of the 3rd paragraph of Article 125 of the Turkish Penal Code.

Let us read the legislative proposal that is requested to be amended:

ARTICLE 1- With this article, it is aimed to repeal clause (a) of the 3rd paragraph of Article 125 of the Turkish Penal Code No. 5237, dated 26/9/2004, and to remove the commission of the crime against a public official as an aggravating factor.

ARTICLE 2- With this article, it is aimed to repeal Article 299 of the Turkish Penal Code No. 5237, dated 26/9/2004, and to evaluate the insult to the President not as a separate crime, but within the scope of the crime of insult.

'ERDOĞAN'S SIGNATURE IS PRESENT'

CHP's Deniz Demir shared the following information as the justification for the legislative proposal in summary:

“Crimes against honor are regulated between Articles 125-131 of the TCK No. 5237. Honor refers to an individual's reputation in the eyes of others in society. The crime of insult under this heading is regulated in Article 125 of the TCK. Insulting is the disregard of the social value that individuals possess in the eyes of others, stemming from being an individual, and the devaluation of their personalities. Among the qualified states of the crime in Article 125, committing the crime against a public official is also listed. According to our Constitution, everyone is equal before the law without discrimination based on language, race, color, gender, political opinion, philosophical belief, religion, sect, or similar reasons, and state organs and administrative authorities must act in accordance with the principle of equality before the law in all their proceedings. Therefore, everyone's honor and reputation in society are equally worthy of protection. The fact that a person is a public official or a high-level state official does not make their honor and reputation more valuable than the honor and reputation of other citizens.

“In the Action Plan for the Prevention of European Convention on Human Rights Violations, published in the Official Gazette on March 1, 2014, with the Council of Ministers decision dated February 24, 2014, and numbered 2014/5984, it was decided to review Articles 125 and 299 of the Turkish Penal Code No. 5237 and make them compatible with the standards determined in the case law of the ECHR. The signature of the Prime Minister of the time, Recep Tayyip Erdoğan, is also present on the aforementioned Council of Ministers decision. For all these reasons, the legislative proposal aims to prevent high penalties given for the crime of insult by repealing the crimes of insulting the President and insulting a public official, which are contrary to the Constitution and ECHR case law.”

News Source: 12punto