The Court of Cassations in Turkey has overturned the conviction of journalist İdris Yılmaz for allegedly insulting a local politician. Yılmaz had been convicted following a lawsuit filed by Fatih Çiftçi, a former mayoral candidate of the ruling AKP party in Erciş, a district in eastern Turkey's Van province. The lawsuit was based on a news story by Yılmaz, which Çiftçi claimed included the term "thief" in reference to him.
The controversy dates back to 2014 when Çiftçi, who had also served as the mayor of Erciş, accused Yılmaz of defamation over a report covering allegations of corruption against Çiftçi. As a result, Yılmaz was sentenced to a fine of 6,000 Turkish Lira.
In 2020, Yılmaz, through his lawyer Savaş Avcı, appealed the conviction. The Court of Cassations (Yargıtay in Turkish) accepted the appeal for reconsideration and decided to retry the case.
In a ruling dated December 25, 2023, the 4th Criminal Chamber of the Yargıtay highlighted the European Court of Human Rights' stance that officials with certain administrative powers must show more tolerance to criticisms of their words and actions. The Court of Cassations criticized the original ruling for not adequately considering whether the elements of an insult crime were present in this particular case.
Background of the Case
The origins of the case can be traced to 2016, following the appointment of a trustee to the Erciş Municipality. Journalist İdris Yılmaz reported on this development under the headline "Reward to the thief, handcuffs to service."
Çiftçi initially filed a complaint with the Ankara Republic Prosecutor's Office Press Bureau on December 28, 2014, alleging "praising crime and criminals." After his objection to a decision not to prosecute was rejected, Çiftçi then pursued charges of "insult and baseless allegations" against Yılmaz based on the report's claims.
The Ankara 6th Criminal Court of First Instance initially found the use of the term "thief" in Yılmaz's report to be insulting and sentenced him to a fine.
The Court of Cassations , emphasizing the importance of freedom of thought and expression, accepted Yılmaz's appeal filed through his attorney Savaş Avcı. The Yargıtay ruled that the appeal was justified and sent the case back to the Ankara 6th Criminal Court of First Instance for a retrial.
