Content Regulation / Censorship, Defamation / Reputation, National Security, Political Expression, Press Freedom
Le Ministère Public v. Uwimana Nkusi
On Appeal Contracts Expression
Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy:
Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page.
The Istanbul Court of First Instance sentenced Barış İnce, a journalist and editor of the Turkish leftist newspaper Birgün, to 21 months in prison for insulting Turkish President Recep Tayyip Erdoğan.
Columbia Global Freedom of Expression could not identify official legal and government records on the case and information on the case was derived from secondary sources. Global FoE notes that media outlets may not provide complete information about this case. Additional information regarding legal matters will be updated as an official source becomes available.
Barış İnce is a journalist and the editor of the leftist daily newspaper Birgün. He was first taken to court in 2014, to answer to charges of defamation and “violation of secrecy” for his newspaper’s coverage of allegations of corruption that had been made against President Erdoğan when he was prime minister, as well as against his son, Bilal.  Erdogan and the ruling party had stated that the coverage amounted to a plot to overthrow the government.  At trial, İnce presented his written defense. The first letter of each paragraph spelled out the phrase “Hırsız Tayyip”, which means Tayyip the Thief.  Ince argued that it was a complete coincidence, but added that maybe it was “an act of God.” 
On December 10, 2015 he was sentenced to a suspended term of 11 months in prison. However, when Birgün published the relevant parts of the defense on its front page, prosecutors brought him to trial on additional charges of insulting the president under article 299 of Turkey’s Penal Code. 
 Committee to Protect Journalists, Turkish journalist sentenced to 21 months in prison for insulting Erdoğan, (Mar. 9, 2016), https://cpj.org/2016/03/turkish-journalist-sentenced-to-21-months-in-priso.php
 RT, Turkish journalist sentenced for insulting Erdogan while on trial for previous offense, (Mar. 9, 2016), https://www.rt.com/news/335031-turkish-journalist-sentenced-erdogan/
 The Turkish Sun, Turkish Journalist Ince Sentenced To 21 Months In Jail For ‘Insulting President Erdogan’, (Mar. 9, 2016), http://theturkishsun.com/news/turkish-journalist-ince-sentenced-to-21-months-in-jail-for-insulting-president-erdogan/
The Istanbul Court of First Instance on 8 March 2016 found that İnce had violated article 299 of Turkey’s Penal Code. This provisions allows for penalties of up to four years and eight months for insulting the president.
İnce is free pending appeal .
 Committee to Protect Journalists, Turkish journalist sentenced to 21 months in prison for insulting Erdoğan (Mar. 9, 2016), https://cpj.org/2016/03/turkish-journalist-sentenced-to-21-months-in-priso.php
 Hurriyet Daily News, Turkish journalist sentenced to 21 months in jail for ‘insulting Erdoğan’, (Mar. 8, 2016), http://www.hurriyetdailynews.com/turkish-journalist-sentenced-to-21-months-in-jail-for-insulting- erdogan.aspx?PageID=238&NID=96195&NewsCatID=339
Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.
The ruling limits criticism of the President in contravention of established jurisprudence of the European Court of Human Rights. Following the ruling Birgün stated he will appeal his sentence to the Constitutional Court.
Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.
Case significance refers to how influential the case is and how its significance changes over time.
Let us know if you notice errors or if the case analysis needs revision.