- The 2nd Criminal Chamber of the Istanbul Regional Court of Appeals overturned the sentence imposed on journalist Furkan Karabay for insulting President Recep Tayyip Erdoğan and defamation, ruling that the punishment was excessive. The court said the same act cannot result in two separate sentences.
- The ruling upheld Karabay's acquittal on the charge of insulting Erdoğan's children.
Semra Pelek
The 2nd Criminal Chamber of the Istanbul Regional Court of Appeals has ruled in the case against journalist Furkan Karabay, who was prosecuted following a complaint by President Recep Tayyip Erdoğan and his children, Ahmet Burak Erdoğan, Necmeddin Bilal Erdoğan, and Sümeyye Erdoğan Bayraktar, over remarks Karabay made during an interview on journalist Mirgün Cabas' YouTube channel. The appeals court overturned Karabay's convictions for insulting the president and defamation.
According to the chamber's Jan. 13 ruling, it was legally incorrect to derive both the offenses of insult and defamation from a single statement and impose separate sentences. Article 44 of the Turkish Penal Code provides that when a single act constitutes more than one offense, the defendant may be sentenced only for the offense carrying the heaviest penalty. The lower court failed to apply that rule, sentencing Karabay separately for both insult and defamation, resulting in an excessive punishment.
The chamber said the two offenses stemmed from a single act and that, under Article 44 of the Turkish Penal Code, Karabay should have been sentenced only for the offense carrying the heaviest penalty. It ruled that convicting him separately on both charges was contrary to the law.
The chamber also rejected appeals filed by the lawyers representing Erdoğan's children—Necmeddin Bilal Erdoğan, Ahmet Burak Erdoğan, and Sümeyye Erdoğan Bayraktar—against Karabay's acquittal on charges of insulting them. It found no legal error in the lower court's ruling on that issue.
The case file was sent back to the lower court for resentencing based on a single offense. After the appeals court overturned the ruling and remanded the case, the lower court scheduled a hearing for April 7.
The hearing scheduled for today (April 7, 2026) could not be held because the judge was on leave.
Background
The investigation began after comments Karabay made during an appearance on journalist Mirgün Cabas' YouTube channel on Jan. 19, 2024. Prosecutors launched the probe after lawyer Ahmet Özel, acting on behalf of President Recep Tayyip Erdoğan and his children, filed a complaint with the Chief Public Prosecutor's Office on Jan. 22, 2024. During the broadcast, Karabay used the phrase "he got what he was owed" while discussing the Erdoğan family's business dealings with a businessman. In a statement to prosecutors on Feb. 26, 2024, accompanied by his lawyer Enes Hikmet Ermaner, Karabay said he had meant only that the business relationship between the parties had ended and denied intending to insult anyone.
Under Turkish law, prosecutors must obtain authorization from the Justice Ministry before filing charges of insulting the president. The ministry granted that authorization on Aug. 12, 2024. The Chief Public Prosecutor's Office subsequently filed an indictment on Sept. 5, 2024, seeking Karabay's conviction on charges of insulting the president and defamation. The trial court convicted him on those charges but acquitted him of insulting Erdoğan's family members. The prosecutor, the complainants' lawyer, and Karabay's defense all appealed the ruling.
