Regarding the ECHR's recommendation on the Turkish Penal Code
In the laws of the member states of the Council of Europe, there are articles on the punishment of insulting the heads of state. According to a study by the Ministry of Justice, in Turkey, articles similar to Article 299 of the Turkish Penal Code, which criminalizes insulting the President, are also found in the relevant laws of the member states of the Council of Europe.
According to the study, while it is ordered in Italy that people who humiliate the President's honour or reputation are sentenced to imprisonment between one and five years, in Polish law, "a person who publicly insults the President is sentenced to up to three years in prison." item is included. In Germany, insulting the President is punishable by three months to five years, and in Spain, insulting the King's wife, children, grandchildren and members of the Crown is punishable by imprisonment or fine from six months to two years, depending on the strictness. Similar articles in other countries that criminalize insulting heads of state and impose various penalties are as follows:
Belgium: The penalty for insulting the king is imprisonment of between six months and three years.
Greece: The penalty for defamation is imprisonment for up to three months. They can also be confiscated if processed through publication.
Netherlands: The penalty for insulting the king is up to five years in prison and a fine of 20,250 euros.
Portugal: The offence of defamation carries a simple prison sentence of up to three months. If defamation is committed through the press, a prison sentence of up to three years and a fine of up to 60 days are imposed.
Slovenia: Perpetrators of defamation can be imprisoned for up to one year.
When it comes to Turkey… Vedat Sorli, who was detained for two posts he made on the Facebook platform, was sentenced to 11 months and 20 days in prison in the lawsuit filed against him in Turkish courts. However, it was decided to postpone the announcement of the sentence. Sorli, whose objections before the Turkish courts were unsuccessful, applied to the ECtHR on the grounds that his freedom of expression had been violated. In its decision announced today, the ECtHR ruled that the sentence given to Sorli on the basis of TPC 299 violated Article 10 of the ECHR, which regulates freedom of expression. It should be underlined that the article in question regulates the crime of "insulting the President."
Europe's highest human rights court urged Turkey to change the law on insulting the President. It then ruled that a person's detention under the law violated his "freedom of expression". The Court requested that the article be amended in accordance with the European Convention on Human Rights (ECHR) and the ECHR's view on freedom of expression. So, the articles on insulting the heads of state of the member states of the Council of Europe should also change.
Where is the European Court of Human Rights, which advocates equality and organizes its plans in this way? Why is Turkey being targeted when there is no "recommendation" for other countries that have similar or even heavier articles than Turkey's Article 229 of the TPC? When it comes to Turkey, the ECHR tries to portray the government as authoritarian as possible and Turkey as a country with extremely strict rules and "ruled by a dictatorship."
However, the same is not the case for European countries. On the contrary, everything is being done to glorify heads of state in Europe. Moreover, in such a situation – in the case of insulting the head of state – the punishments given to the person who insulted the country are mentioned with praiseworthy words. Heads of state of other countries that are members of the Council of Europe are held in high esteem with positive discrimination. Unfortunately, this does not apply to Turkey. The fact that the ECtHR only "advises" Turkey regarding this situation draws attention.