MEDIA MONITORING DATABASE
Baransel Ağca – trial for “insulting the President of the Republic”
RELATED PERSON OR INSTITUTION
Baransel Ağca
CITY
İstanbul
YEAR OF INTERFERENCE
2021
LAST UPDATED
23/11/2023
TYPE OF STATEMENT
Political
MEDIUM
Internet
Social Media Account
THE TITLE OF WHOSE RIGHT IS INTERFERED
Journalist
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Judicial Interference
Criminal Courts
Approval of the indictment and initiating the prosecution
THE LEGAL GROUNDS FOR INTERFERENCE
Turkish Penal Code
Art. 299

On the grounds of a social media post of his from the year 2016, an investigation was launched against journalist Baransel Ağca on charge of “insulting the President of the Republic” as per the Article 299 of the Turkish Penal Code (TCK).

The İstanbul 2nd Criminal Court of First Instance accepted the indictment on September 2, 2021 (September 2).

At the hearing held on May 17, 2022, the court ruled that a warrant should be issued against Ağca. The next hearing will be held on October 6 (May 17)

At the hearing held on October 6, 2022, Ağca’s lawyer Bawer Kaya was present in the courtroom. Kaya requested that the testimony of his client who was currently abroad be taken by letters rogatory. Citing the ruling of rights violation handed down in the Vedat Şorli vs. Turkey case by the European Court of Human Rights (ECtHR), Kaya argued that the trial was against the Constitution as “The Article 299 of the Turkish Penal Code (TCK) is against the principle of equality before the law and rule of law.” Kaya also requested that the warrant issued against Ağca at the second hearing on May 17, 2022 be annulled.

The court rejected Kaya’s appeal of unconstitutionality and ruled that the warrant against Ağca should remain in force. The court also ruled that a writ should be written to hear the testimony of Ağca. The next hearing will be held on February 14, 2023 (October 6).

At the last hearing on November 23, the case was adjourned to a later date (November 23)