Turkish lawyer Burak Saldıroğlu, who was arrested on May 10 on charges of “insulting the President,” remains in pretrial detention nearly a month later. Saldıroğlu had previously made headlines for distributing printed copies of Ekrem İmamoğlu’s social media posts on the streets after the opposition presidential candidate and Istanbul Mayor’s X (formerly Twitter) account was blocked following a police operation on March 19.
Saldıroğlu was detained by police after sharing videos of his street campaign on his own social media account. After completing his statement at the police station, he was referred to the Istanbul Courthouse in Çağlayan and subsequently arrested by the Criminal Peace Court on charges of insulting President Recep Tayyip Erdoğan.
The Istanbul Bar Association held a press conference in front of the courthouse in solidarity with Saldıroğlu, unfurling a banner that read: “End the attacks on the defense.” Board member Ekim Bilen Selimoğlu criticized the arrest, stating:
“We, as lawyers, are a founding pillar of the judiciary and we have never run from justice. If you are looking for a flight risk, look at those who previously occupied your seats—not at us, the defenders of justice.”
The case has drawn additional controversy after a letter from the Turkish Ministry of Justice was sent to the Istanbul Chief Public Prosecutor’s Office, requesting to be immediately informed if Saldıroğlu is released, and to be provided a copy of the final judgment once the case concludes.
His lawyers argue this letter indicates inappropriate executive oversight over the judiciary. Attorney Mehmet Turgay Bilge criticized the move:
“Under Turkish Penal Code Article 299, prosecution for insulting the president requires prior authorization from the Justice Ministry. However, once permission is granted, the ministry has no legal authority in the proceedings. Requesting real-time updates on his detention raises concerns of undue political influence over the judiciary.”
Another attorney, Mehmet Can Seyhan, questioned the motive behind the ministry’s unusual request:
“On the 20th day of his detention, the Ministry has completed the formal permission process. But why does the ministry now want immediate notification in case of release? Is this a message to prosecutors and judges not to let him go?”
Critics say the arrest and continued detention of a lawyer for sharing public political content raises serious concerns about the freedom of expression, judicial independence, and the rule of law in Turkey.
In 2021, the European Court of Human Rights, in the case of Vedat Şorli v. Turkey (application no. 42048/19), found that Article 299 of the Turkish Penal Code—criminalizing insults against the president—was incompatible with the European Convention on Human Rights and should be amended. Despite this ruling, no legislative reform has taken place. On the contrary, Ministry of Justice statistics from 2023 show a sharp rise in prosecutions under these provisions. That year, 25,520 new cases were filed under Articles 299 and 301 (the latter criminalizing defamation of “Turkishness”), marking an all-time high. Alarmingly, the data revealed extensive use of these laws against minors, with 552 children involved in 673 cases. From 2019 to 2023, a total of 68,139 individuals were prosecuted under these articles. This trend raises urgent concerns about Turkey’s commitment to aligning its domestic laws with international human rights standards, especially in light of the ECtHR’s findings.
In a statement, Human Rights Watch said that Turkey should scrap the offense of insulting the president, which HRW described as an obsolete and unjustified offense.
Categories: Situation in Turkey, Unjust / Wrongful Convictions