An appeals court in Istanbul upholds the acquittal of journalist İsmail Arı, ruling that there was no legal error in a lower court’s decision to clear him of charges filed following a complaint by former Industry and Technology Minister Mustafa Varank.
MLSA - The Istanbul Regional Court of Justice ruled on Feb. 11 that the acquittal issued by the Istanbul 2nd Criminal Court of First Instance contained no procedural or substantive violations of the law. The panel unanimously rejected the appeal on its merits.
The case stems from a Nov. 18, 2022 news story published in the daily BirGün under the headline, “Seaside land snapped up by Varank’s ‘cousin’!” At the time of publication, Varank was serving as Turkey’s minister of industry and technology. He is currently a lawmaker for the ruling Justice and Development Party (AKP), representing the northwestern province of Bursa.
Arı was charged under Article 125 of the Turkish Penal Code (TCK) with “publicly insulting a public official due to their duty,” a criminal offense that has frequently been used in cases involving journalists and public officials in Turkey.
Prosecutor sought conviction
At the final hearing on Nov. 28, the prosecutor argued that the headline and content of the news story created a public perception that an irregular public tender had taken place. The prosecutor said the article gave the impression that there had been abuse of office and bid rigging, and maintained that the expressions used exceeded the limits of press freedom. He requested that Arı be convicted.
Arı’s lawyer, Ali Deniz Ceylan, said the report was based on data obtained from Turkey’s Public Disclosure Platform (KAP), an official system where companies and public entities disclose financial and regulatory information.
“My client obtained the information and documents that formed the basis of the report from KAP,” Ceylan told the court. “If a journalist is not going to report on tender information disclosed on KAP, then what is he supposed to report on?”
Ceylan argued that the elements of the alleged offense were not met in the indictment and requested his client’s acquittal.
The trial court ruled that the act attributed to Arı was not defined as a crime under the law and acquitted him.
Appeals court finds no legal violation
The acquittal was appealed by both Varank’s lawyer and the public prosecutor.
After reviewing the case file, the Istanbul Regional Court of Justice found no procedural or substantive legal violations in the lower court’s ruling. The decision stated that there were no deficiencies in the evidence or proceedings and that the evaluation of proof was appropriate.
Citing Article 280/1-a of the Criminal Procedure Code (CMK), the court rejected the appeal on its merits and ordered that a copy of the ruling be sent to the Chief Public Prosecutor’s Office at the Istanbul Regional Court of Justice.
The decision marks the latest development in a case that highlights ongoing tensions in Turkey between public officials and journalists over reporting on public tenders and alleged irregularities. Turkey has faced sustained criticism from international press freedom groups over the prosecution of journalists, particularly in cases involving allegations of insulting public officials.
