Rabia Çetin
Journalist Furkan Karabay was sentenced to a judicial fine of 4,500 Turkish lira ($165) after being convicted of "openly insulting state judicial institutions" under Article 301/1 of the Turkish Penal Code. The Istanbul 2nd Criminal Court of First Instance announced the verdict on Jan. 7 in the second hearing of the case.
The court initially sentenced Karabay to six months in prison but reduced the penalty to five months due to mitigating factors before converting it into a monetary fine.
Background of the case
The charges stemmed from a Dec. 13, 2023, article published on the news website Gerçek Gündem, titled "The owner of the office turned out to be a terrorism prosecutor! Chief Prosecutor launches investigation." The report cited claims by lawyer Buket Tekışık, who shared a photo taken in a prosecutor’s office on social media. The article stated that an investigation had been launched against the prosecutor.
The prosecutor argued that the report defamed the judiciary, prompting the initiation of legal proceedings against Karabay.
Court proceedings
During the hearing, Karabay defended his work, stating:
"Those who truly insult the judiciary are the ones fabricating terrorism cases that ruin lives and then casually take selfies with lawyers in their offices. If there is someone degrading the judiciary, it is these so-called professionals exploiting their positions for personal gain. I reject the charges and demand my acquittal."
Karabay’s lawyer, Enes Hikmet Ermaner, emphasized that his client’s reporting was part of legitimate journalism, highlighting corruption allegations in the judiciary. He noted that similar claims had been reported by other journalists and even detailed in a complaint sent to the Council of Judges and Prosecutors (HSK) by a prosecutor working at the Istanbul Courthouse.
"The bribery allegations are not my client’s own claims," Ermaner argued, "and the reporting serves the public’s right to information. We request his acquittal."
Court's decision
Following a brief recess, the court issued its verdict, convicting Karabay of violating Article 301/1 of the Turkish Penal Code, which penalizes insults against state institutions. The sentence was reduced to five months based on Karabay’s demeanor during the trial and subsequently converted into a fine.
Broader context
Article 301 has been widely criticized by press freedom advocates and international human rights organizations for its use against journalists and critics of the state. Cases like Karabay’s have drawn attention to Turkey’s restrictions on press freedom and its judicial system’s treatment of dissent.
Karabay’s conviction is the latest in a series of legal challenges faced by journalists reporting on allegations of misconduct within the judiciary.
