Erdoğan's Former Legal Advisor Faces Lawsuit, Prison Sentence Sought

A legal case has been initiated against Professor Dr. İzzet Özgenç, a figure closely associated with President Recep Tayyip Erdoğan's administration and a key architect of the Turkish Penal Code. As reported by Cumhuriyet, the Ankara Chief Public Prosecutor's Office has filed charges against Özgenç for allegedly insulting Mehmet Akarca, the former President of the Supreme Court. The indictment focuses on 12 social media posts made by Özgenç, which are claimed to have 'damaged the honor, dignity, and reputation' of Akarca.

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onur, şeref ve saygınlığını zedeleyebilecek nitelikte

The charge leveled against Özgenç is 'publicly insulting a public official due to their duty,' a serious accusation within the Turkish legal framework. Prosecutors are seeking a prison sentence ranging from one to two years. This case highlights the sensitive nature of public discourse concerning high-ranking officials and the legal ramifications that can follow critical statements, particularly when made on public platforms like X (formerly Twitter).

In his defense, Özgenç has asserted that his remarks about Mehmet Akarca did not constitute an insult and did not meet the criteria for criminal liability. He argued that the role of the Supreme Court President is primarily administrative rather than judicial. This defense suggests a distinction between personal criticism and legally actionable defamation, and perhaps a broader critique of the administrative functions within the judiciary.

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kamu görevlisine görevinden dolayı alenen hakaret

From a Turkish perspective, this legal action raises questions about freedom of expression, particularly for individuals with past ties to the government. The case underscores the potential for legal challenges when public figures engage in critical commentary about other prominent individuals, especially those within the judicial or political spheres. Cumhuriyet, known for its critical stance, likely views this case as an example of the pressures faced by those who speak out, even if they have historical connections to the ruling party. The outcome will be closely watched as it touches upon the boundaries of acceptable public criticism in Turkey.

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Mehmet Akarca’yla ilgili nitelendirmelerin herhangi bir hakaret içermediğini, ceza hukuku sorumluluğunu gerektiren bir fiilin varlığından söz edilemediğini, Yargıtay Başkanının görevinin yargısal değil, idari bir görev olduğunu belirtti.