Gökay Başcan, editor of the Turkish newspaper BirGün, was acquitted again in a lawsuit filed against him by Emine Erdoğan, the wife of President Recep Tayyip Erdoğan. The case, heard at the Istanbul 17th Criminal Court of First Instance, revolved around allegations of insult in connection with articles discussing changes to the Environmental Law and the granting of bidding rights for Turkish coastal areas to the Environmental Agency, which were claimed to be linked to Emine Erdoğan.
Initially acquitted on May 3, 2023, through a simple judicial procedure, Başcan faced another hearing today after an appeal by Emine Erdoğan's lawyers, Erem Gençer and Suzan Ayça Uğur. Accompanied by his lawyer, Tolgay Güvercin, Başcan requested his acquittal again.
Güvercin questioned the specific statements the prosecution based its request for a penalty on, suggesting ambiguity in their accusations. He argued that the material and moral elements of the accused crime were not formed and requested an acquittal.
The prosecutor's opinion in the case had changed since the last hearing on September 28, 2023. The new prosecutor emphasized freedom of expression and press, noting that as a public figure, Emine Erdoğan should be more open to criticism. Referring to precedents set by the European Court of Human Rights (ECHR) and the Constitutional Court of Turkey (AYM), the prosecutor highlighted that the article in question served the public interest and fell within the bounds of press freedom, warranting heavy criticism. Consequently, the prosecutor recommended Başcan's acquittal due to the lack of elements constituting the alleged crime.
Following Başcan and his lawyer's agreement with the prosecutor's opinion, Erdoğan's lawyers continued to demand Başcan's punishment. The court, however, decided that the legal elements of the alleged crime were not present and acquitted Başcan
