EYLEM SONBAHAR
A Turkish court has handed journalist Sultan Eylem Keleş an 8-month, 10-day prison sentence for “resisting to prevent the performance of duty” while acquitting her of “insulting a public official,” in a trial stemming from her coverage of a workers’ protest in 2020. The court deferred the announcement of the verdict.
Keleş had been detained while covering a protest on Sept. 17, 2020, outside Istanbul’s Boğaziçi University. The demonstration was organized by workers from the now-defunct electronics retailer BİMEKS, who claimed they were dismissed without receiving their back wages or severance pay. The workers were targeting their former employer, Prof. Dr. Vedat Akgiray, who was teaching at the university at the time.
The case, which involved Keleş and four others, was heard at the 72nd Istanbul Criminal Court of First Instance. All five defendants had been charged with "insulting a public official" and "resisting to prevent the performance of duty." The 11th hearing was held with only Keleş's lawyer, Batıkan Erkoç from the MLSA Legal Unit, in attendance.
At a previous hearing on Jan. 26, 2024, the prosecutor had sought convictions on both charges. However, after the submission of a new expert report, the prosecutor revised the final opinion, requesting acquittal on the insult charge while still seeking a conviction for resisting law enforcement.
In response, lawyer Erkoç emphasized that Keleş was fulfilling her journalistic duty by covering a public press statement. "My client was following the event as a journalist and was detained during the course of news gathering. She was not handcuffed during her arrest or while being taken for a medical check," he told the court. He said the attempt to apply reverse handcuffs came only after the medical check, which Keleş verbally opposed.
Erkoç added that Keleş objected to the reverse handcuffing primarily because of COVID-19 precautions and the need to adjust her mask, which required her to frequently use her hands. “It is alleged in the indictment that she resisted during the attempt to handcuff her after the medical exam,” he said.
He also criticized the expert report, saying it lacked credibility: "The report does not identify who is allegedly resisting, only refers to 'female individuals.' Due to masks worn during the pandemic, the individuals in the footage cannot be clearly identified. Therefore, this report cannot form the basis of a verdict."
Erkoç further argued that the idea of Keleş physically resisting three police officers was implausible. "She weighs 43 kilograms. The video reportedly shows three officers attempting to handcuff her. It's not within the bounds of reason that someone of her size could physically resist three police officers, which undermines the claim that the material elements of the alleged offense are present."
Referring to a ruling by Turkey’s Constitutional Court (AYM) in the case of journalist Beyza Kural, Erkoç reminded the court that law enforcement officers are required to facilitate, not obstruct, the work of journalists covering public demonstrations. He called for Keleş's acquittal on all charges.
Following a brief recess, the court announced its verdict: Sultan Eylem Keleş and the other defendants were acquitted of “insulting a public official” due to lack of evidence. However, they were convicted of “resisting to prevent the performance of duty” and sentenced to 8 months and 10 days in prison. The announcement of the verdict was deferred, meaning the sentence will not be enforced unless a new offense is committed within a probationary period.
