Eylem Sonbahar
The trial of journalist Barış Pehlivan, who is being prosecuted over his column titled "So you’re the one protecting confidential information!" following a complaint by Boğaziçi University Rector Mehmet Naci İnci, has begun. During the hearing, İnci’s lawyer asked Pehlivan whether he believed he had used statements that could be considered offensive to honor, dignity, or reputation. Pehlivan responded, "You’ve asked a question fitting for Çağlayan Courthouse. I’m facing this question just because I quoted Montaigne."
The case concerns Pehlivan’s article, published in Cumhuriyet newspaper on Dec. 29, 2023, which referenced disciplinary board reports from Turkey’s Council of Higher Education (YÖK) and allegations made by Boğaziçi University academic Tuna Tuğcu. The second hearing took place at Istanbul’s 2nd Criminal Court of First Instance.
Pehlivan defends article, says it relies on official documents
Pehlivan, who stands trial on charges of "publicly insulting a public official due to their duty," appeared in court with his lawyer, Enes Hikmet Ermaner. The hearing was also attended by İnci’s lawyer and observed by a representative from the Lawyer Rights Group.
In his defense, Pehlivan argued that the article was based on official documents, particularly YÖK disciplinary board records. "Let’s go over the sentences cited by the prosecutor. For example, ‘Then the rector, referred to as a trustee, arrives.’ I certainly did not invent the use of the word ‘trustee’ in this context," he stated.
Pehlivan also pointed out that his column detailed how the university had signed an agreement with a company, during which the company was given access to a database containing the private information of all employees. He emphasized that his piece contained no defamatory or slanderous statements and requested that Boğaziçi University academic Tuna Tuğcu be called as a witness.
Defense lawyer: No defamatory language in the article
Following Pehlivan’s statement, his lawyer, Enes Hikmet Ermaner, also addressed the court, asserting that the article was based on factual events. "This column is grounded in concrete facts. The reference to the rector as a trustee was not made by my client; a simple Google search will reveal many instances of this usage. Furthermore, Tuna Tuğcu’s allegations were documented in YÖK disciplinary board reports. The article does not contain any defamatory statements," he argued.
Pehlivan’s Montaigne response sparks courtroom moment
During the proceedings, İnci’s lawyer posed two questions to Pehlivan: whether he believed his article contained offensive remarks and whom he was referring to when he quoted Montaigne. In response, Pehlivan quipped, "If Montaigne were alive, I’d call him as a witness. You’ve asked a question truly fitting for Çağlayan Courthouse. I’m being questioned just because I quoted Montaigne."
The court ruled that any missing documents should be provided and ordered the relevant institution to submit the YÖK disciplinary board’s investigation file if available. It also postponed the decision on whether to hear witnesses proposed by Pehlivan and his lawyer. The next hearing is scheduled for July 8.
