Cengiz Anıl Bölükbaş
Turkey’s Court of Cassation has overturned a prison sentence given to journalist Özgür Boğatekin over social media posts deemed insulting to President Recep Tayyip Erdoğan, ruling unanimously that the posts constituted “harsh criticism” and that sentencing him to prison violated legal principles.
Boğatekin had been convicted in 2015 by the Gerger Criminal Court of First Instance for “insulting the president” and sentenced to 1 year, 2 months and 17 days in prison over his posts on social media targeting Erdoğan.
His lawyers appealed the ruling, but the 3rd Penal Chamber of the Gaziantep Regional Court of Justice rejected the appeal on the merits. The case was subsequently brought before the Court of Cassation.
In their appeal to the high court, Boğatekin’s legal team argued that the journalist’s posts were critical in nature and did not meet the legal criteria for “insulting the president” under Turkish law. They cited rulings by the European Court of Human Rights (ECHR) and Turkey’s Constitutional Court as supporting precedents.
High court emphasizes wider limits of criticism for politicians
The Court of Cassation’s 4th Penal Chamber reviewed the case on Dec. 8, 2025, and rejected the prosecutor’s recommendation to uphold the conviction. Instead, the chamber unanimously annulled the lower court’s ruling.
In its decision, the court reiterated the well-established legal principle that the limits of permissible criticism are broader for politicians than for private individuals. It emphasized that politicians, by choosing a public role, accept being subject to close scrutiny by journalists and the public.
Posts found to be “harsh, rude and discourteous” but not defamatory
The high court acknowledged that Boğatekin’s posts contained “disturbing, rude, and discourteous” language, but stated they did not rise to the level of violating the president’s honor, dignity, or reputation. The court concluded that the comments should be considered as part of harsh political criticism, and therefore sentencing Boğatekin to prison was unlawful.
The Court of Cassation ordered that the case be sent back to the Gerger Criminal Court of First Instance for retrial.
