MEDIA MONITORING DATABASE
Lawsuit against Uğur Dündar for “praising the crime and the criminal”
RELATED PERSON OR INSTITUTION
Uğur Dündar
CITY
İstanbul
YEAR OF INTERFERENCE
2022
LAST UPDATED
12/10/2022
TYPE OF STATEMENT
Political
MEDIUM
Other
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
Decision of acquittal
THE LEGAL GROUNDS FOR INTERFERENCE
Turkish Penal Code
Art. 215

A lawsuit was filed against journalist Uğur Dündar upon the criminal complaint of Minister of Interior Süleyman Soylu. Accepting his complaint as evidence, the İstanbul Beykoz Prosecutor’s Office lodged an indictment against the journalist.

In the indictment, Dündar was charged with “praising the crime and the criminal” and he faced up to 2 years in prison on the offense charged. 

The indictment read, “It is beyond explanation that a clear and imminent threat to public order has arisen within the scope of the posts shared by Sedat Peker, facing a warrant for establishing a criminal organization, from abroad and his baseless allegations about state officials; within this scope, it is understood that the statements and posts of the suspect suggesting his decision to commit the same crime constituted the offense of successively praising the crime and the criminal.”

The Beykoz Criminal Court of First Instance accepted the indictment (June 29).

At the hearing held on October 12, 2022, the prosecutor’s office, presenting its final opinion as to the accusations, referred to the high court rulings indicating that there should be a committed and praised crime in order for the offense of “praising the crime and the criminal” to be constituted. The office indicated that journalist Can Dündar’s statement fell within freedom of expression as per the European Convention on Human Rights and the rulings of the European Court of Human Rights. On the grounds that there was no definite or credible evidence free of any suspicion as to the committal of the offense charged by Dündar, the court ruled that he should be acquitted (October 12).