24.11.2025 20:04
The leader of the CHP, Özgür Özel, has been ordered to pay 150,000 Turkish lira in moral damages due to his remarks directed at Istanbul Chief Public Prosecutor Akın Gürlek during his speech at the party's rally in Gaziosmanpaşa.
The decision has been made in the case opened by Istanbul Chief Public Prosecutor Akın Gürlek against CHP Chairman Özgür Özel due to the remarks he made during his speech at his party's Gaziosmanpaşa rally.
FROM THE LAWSUIT PETITION In the reasoned decision of the Istanbul 20th Civil Court, it was stated in the petition submitted by the plaintiff Akın Gürlek's lawyer that Gürlek is still serving as the Istanbul Chief Public Prosecutor, and that he previously held positions as the President of the Heavy Penal Court and Deputy Minister, and that due to his duties in the Heavy Penal Court, he has been targeted by terrorist organizations and their members.
The petition emphasized that Gürlek has been targeted from time to time by those dissatisfied with his decisions during his tenure as the President of the Heavy Penal Court or Deputy Minister, and stated that due to his public duty, Gürlek is not someone who frequently appears in public like a member or leader of a political party, and does not hold a status open to daily political discourse.
It was noted in the petition that the lawsuit was filed due to Özgür Özel's remarks during his speech criticizing the broadcast of images of suspects being taken among police officers regarding the investigation into Istanbul district mayors, where he made threats and insults against the honor and dignity of Istanbul Chief Public Prosecutor Gürlek that cannot be tolerated.
Istanbul Chief Public Prosecutor Akın Gürlek It was stated that during the rally held by the defendant Özgür Özel in Gaziosmanpaşa on June 4, he clearly threatened and exceeded the limits of criticism in his remarks regarding the images that emerged during the transportation of CHP mayors, including Gaziosmanpaşa Mayor Hakan Bahçetepe.
The petition drew attention to the fact that the speech made by the defendant Özgür Özel reached millions of people through television broadcasts and the internet, and that the nature of the defendant's position and the environment in which the speech was made, as well as its subsequent broadcast in news bulletins and online, were significant.
It was expressed in the petition that the attack on personal rights in this manner cannot be evaluated within normal limits and cannot be seen as a criticism, and that Özel's threats and insults towards Gürlek are not the first, as similar actions have been carried out before with similar content, leading to moral compensation lawsuits, and that in all these cases, he had to pay compensation but did not refrain from insulting.
THE COURT'S REASONED DECISION After conveying the requests in the lawsuit petition, the court's reasoned decision stated, "Indeed, the words directed at the plaintiff, who serves as the Istanbul Chief Public Prosecutor by the leader of the main opposition party, contain expressions that exceed the limits of criticism and cannot be legally considered within the scope of freedom of expression. On the other hand, the plaintiff is not a politician but a public official, holding an important position in the judicial bureaucracy, yet he is not a well-known person who has become a part of society. Therefore, the criticisms and accusations directed at him must be more limited than those that can be directed at well-known and public figures."
The decision noted that the situation regarding the need for well-known and public figures to tolerate more critical and disturbing words and expressions, as established by the Supreme Court precedents, does not apply to the plaintiff, and that the plaintiff's position as the Istanbul Chief Public Prosecutor does not justify or legitimize his tolerance for words and expressions containing insults and threats.
"THE AUTHORITY TO HOLD ACCOUNTABLE AND INVESTIGATE BELONGS TO HSK" The decision also included the following statements: "The plaintiff and other members within the constitutional judiciary certainly have obligations to be criticized and held accountable. In this sense, the plaintiff is performing his duties under the responsibility of being held accountable and investigated within the scope of his judicial activities. However, these actions and processes are carried out by constitutional institutions and within legal limits. In this context, the authority to hold accountable and investigate does not belong to the defendant, Mr. Özgür Özel, who is the Chairman of the Republican People's Party. In our current law, this authority can be exercised by the Judges and Prosecutors Board. Furthermore, it cannot be said that the defendant exercised his right to freedom of expression and the right to hold accountable on behalf of the public as the leader of the Main Opposition Party through derogatory, humiliating, and threatening statements. Especially, making these statements at a political party rally is not lawful and constitutes a clear and intense violation of personal rights protected by the Constitution and laws. Our court has formed a moral conviction in this regard."
ÖZEL FINED 150 THOUSAND TL In the court's decision, it was ruled to accept the case and to collect 150 thousand lira in moral compensation from the defendant Özgür Özel, along with legal interest accruing from the date of the lawsuit, and to pay it to the plaintiff Akın Gürlek.