Çağlar Demirel, former Peoples' Democratic Party (HDP) Deputy for Diyarbakır and Group Deputy Chairperson, was acquitted in a case where she was accused of "insulting the president" during speeches at two different events.
The ninth and final hearing of the trial took place at the Diyarbakır 5th Criminal Court of First Instance. Demirel did not attend the hearing, but her lawyer, Serdar Çelebi, was present.
In the hearing, the prosecutor first took the floor, stating that the expressions used by Demirel in her speeches against President Recep Tayyip Erdoğan did not constitute a crime of "insulting the president," and recommended her acquittal.
Lawyer Serdar Çelebi concurred with the prosecutor's opinion, arguing that Demirel, as a politician, falls within the scope of political criticism. Çelebi cited decisions by the Constitutional Court of Turkey (AYM) and the European Court of Human Rights (ECHR), which afford wider legal protection to politicians' speeches compared to ordinary citizens. He maintained that the legal elements of the crime were not constituted and requested Demirel's acquittal.
The court concluded the trial by acquitting Demirel, finding that the legal elements of the accused crime were not established.
Background of the Case
The indictment against Çağlar Demirel, stemming from her tenure as an HDP Deputy and Group Deputy Chairperson in 2016, was based on two speeches she gave in Diyarbakır. These were considered under Article 299 of the Turkish Penal Code, which defines the crime of "insulting the president."
The indictment pointed to Demirel's remarks on May 29, 2016, in which she responded to comments made by Erdoğan during a Diyarbakır rally on May 28 regarding the HDP, saying, "We return these words to him." It also cited her statement on July 1, 2016, "The Palace is begging on its knees to Israel and Russia," alleging that these statements insulted the "honor and dignity" of the president.
In her defense statement in court, Demirel argued that her speeches did not contain any criminal element and were within the bounds of freedom of thought and expression. She stated, "What I did in this speech was to return the words the president used against us." Highlighting her role as the representative of the people of Diyarbakır who elected her as a deputy, Demirel asked, "If I am not to speak on their behalf, why was I elected as a deputy?"
