ECHR rules free speech violation in Turkey's 'insulting president' sentence

Duvar English

The European Court of Human Rights (ECHR) has ruled that a convict sentenced for “insulting the president” in Turkey had their right to freedom of expression violated and ordered compensation of €2,600, according to a Jan. 15 report by the online news outlet T24.

A local Turkish court rejected a retrial request required by the ECHR’s violation decision, citing "no amicable resolution was reached." The "amicable resolution" mechanism can prevent a state from receiving a violation ruling from the ECHR while enabling the application of ECHR precedents in domestic law.

The court also claimed no finalized decision was made regarding the ECHR violation ruling and that the Ministry had not provided the court with the violation ruling or finalization endorsement.

Saide İnanç, a resident of the western Edirne province, faced charges of "insulting the president" due to some 2019 social media posts. The local court sentenced her to one year, five months, and 15 days in prison, with the verdict deferred.

Her appeal against the decision was also denied. The Constitutional Court ruled her application inadmissible since the verdict was deferred.

İnanç’s lawyer, Veysel Ok, took the case to the ECHR. Ok argued that İnanç had expressed a critical opinion but was convicted, particularly objecting to the deferral of the conviction’s announcement.

The ECHR reviewed four similar applications and, on Oct. 8, 2024, issued a ruling in the "Erdoğan and Others v. Turkey" case. The court determined that Turkey violated Article 10 of the European Convention on Human Rights, which guarantees freedom of expression.

The ECHR ordered Turkey to pay İnanç within three months.

According to the Nov. 2024 report of the Media and Law Studies Association (MLSA), 63 people were charged with "insulting the President," 24 of whom were journalists between Sept. 2023 and July 2024.