- In the case filed against Hüseyin Baş, Chairman of the Independent Turkey Party (BTP), on the allegation of “insulting” President Recep Tayyip Erdoğan, the Istanbul 11th Criminal Court of First Instance gave a verdict of acquittal.
- The court stated that the words in question remained within the scope of “harsh criticism and a rude manner of address,” and that the material elements of the offense did not occur.
MLSA – The second hearing of the case filed against Independent Turkey Party (BTP) Chairman Hüseyin Baş on the allegation of “insulting the president” was held today at the Istanbul 11th Criminal Court of First Instance.
At the hearing, which Hüseyin Baş did not attend, his lawyers Ümit Kocasakal, Ahmet Erimhan, and Lütfullah Önder were present. The complainant Recep Tayyip Erdoğan was represented by lawyer Ali Büyüközdemir, who had been authorized by Erdoğan’s attorney Ahmet Özel. Due to the small size of the courtroom, observers were not admitted inside.
Prosecutor reiterated previous opinion
The prosecution repeated its previously submitted opinion, arguing that the statements made by Baş during his speech at his party’s congress in Trabzon — such as “You won Syria, what did you gain?”, “First bring democracy to your own country”, “You couldn’t protect your islands under security”, and “You are taking revenge on the people” — constituted elements of a crime.
The prosecutor requested that Baş be punished for the crime of “insulting the president.” Erdoğan’s lawyer also agreed with the opinion, claiming that “it is clear that the defendant committed the alleged crime.”
Defense: “These words are not insults, they are political criticism”
Hüseyin Baş’s lawyers Ümit Kocasakal, Ahmet Erimhan, and Lütfullah Önder emphasized in their defense statements that the expressions in question should not be evaluated by being separated from the entirety of the speech.
The lawyers stated that the words were not directed at the President, but at the actions of the political power, and that political figures must endure a broader field of criticism.
Lawyer Kocasakal said, “Criticism directed at politicians can, to some extent, be harsh and disturbing. This is a requirement of a democratic society.”
Lawyer Lütfullah Önder also stated that the expression “my son” was not directed at the President, and in the context of the speech, it was a criticism directed at the political will.
Court: Material elements of the crime did not occur
In its ruling, the court stated that the words attributed to Hüseyin Baş remained within the scope of “harsh criticism and a rude manner of address” and did not constitute the material elements of the crime of insulting the president.
For this reason, it ruled for Baş’s acquittal.
What had happened?
A criminal investigation was launched against Hüseyin Baş due to the speech he gave at the 9th Ordinary Provincial Congress of the Independent Turkey Party held in Trabzon on December 20, 2024, and because segments from this speech were shared on YouTube and X (Twitter) accounts on December 22, 2024.
The prosecutor claimed that the expressions used by Baş in his speech and posts damaged President Recep Tayyip Erdoğan’s “honor, dignity, and reputation,” and requested that he be punished under Article 299 of the Turkish Penal Code.
The Ministry of Justice had granted permission for prosecution.
In the indictment, Baş’s harsh criticisms of Syria policy, the economy, privatizations, and government actions were considered “insulting the president,” and it was alleged that the posts constituted a repeated offense.
