Trial Monitoring

Journalist Karabay acquitted for the second time in "insulting a public official" case

Journalist Karabay acquitted for the second time in "insulting a public official" case

 

ELIF AKGÜL

Journalist Furkan Karabay was acquitted for the second time in a trial where he was accused of "insulting a public official in connection with his duty." The case was brought based on a complaint from Bekir Altun, President of the Istanbul Judicial Commission.

Karabay was prosecuted for sharing allegations about Altun on his social media account. These allegations were originally made in a petition by former Istanbul Anadolu Chief Public Prosecutor İsmail Uçar to the Council of Judges and Prosecutors (HSK). In the initial trial, the court had issued an acquittal using a simplified trial procedure. However, following objections from Altun's lawyers, the case was reopened for a full hearing.

The hearing at Istanbul's 51st Criminal Court of First Instance began an hour late. Karabay attended with his lawyer Enes Hikmet Ermaner, while Altun's lawyers were also present. Observers from the Media and Law Studies Association (MLSA), the U.S. Consulate, and P24, an independent journalism platform, monitored the trial.

In his defense, Karabay emphasized that his posts were direct quotes from Uçar's petition to the HSK. "If there is a crime here—and there isn't—it should be attributed to Uçar. If a case is to be filed, it should be against him," he stated, requesting acquittal.

Karabay's lawyer Ermaner argued that his client, as a journalist, had no intent to insult but rather to inform. "My client's target is not individuals but ensuring that institutions function properly," he said, seeking acquittal.

The plaintiff's lawyers argued that the statements in Uçar's petition referred to another judge, not Altun, and sought a conviction.

The prosecutor, in the final opinion, stated that the posts were indeed quotes from Uçar's petition and fell within the scope of press freedom, recommending acquittal.

The judge reaffirmed the initial acquittal, stating that the decision made under the simplified trial procedure was correct and lawful, and ruled for Karabay's acquittal once again.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.