Eylem Sonbahar
Journalist Furkan Karabay, who was detained and held for 11 days after reporting on a court transcript, stated that the prosecutor threatened him during his interrogation, saying, "You will not leave this courthouse freely." Karabay faces charges of "targeting individuals involved in counter-terrorism" and "insulting a public official."
The first hearing of Karabay's trial began on May 16, 2024, at the Istanbul 24th High Criminal Court. The charges stem from a news article published on the website Gerçek Gündem titled "Bribery dispute in mafia case detailed in transcripts" and a social media post. Karabay, accompanied by his lawyer Enes Hikmet Ermaner, attended the hearing, which commenced with the verification of identities.
Karabay started his defense by expressing distrust in the judiciary, saying, "I don't trust the courts in this courthouse." The presiding judge questioned the meaning of his statement. Karabay recounted that he was detained a day after publishing the news report and was threatened during his interrogation by the prosecutor, who said, "You will not leave this courthouse freely." When asked if he filed a complaint about the threat, Karabay responded that he didn't trust the judiciary and believed any complaint would be dismissed, adding, "I am stating this for the record."
The presiding judge inquired about the sources of the information used in the news report and whether Karabay had a press card. Karabay explained that he obtained the court transcript as a journalist and reported on it without adding commentary, just quoting defendant Barış Saral’s statements. He argued, "Reporting on a court transcript is not a crime. If it were, those who recorded the statements would also be guilty. There is no targeting or insult."
Regarding the social media post mentioned in the indictment, which involved Istanbul 13th High Criminal Court member Murat Bircan, Karabay defended his actions by highlighting the public responsibility of journalists. He said, "The Istanbul 13th High Criminal Court ignored a Constitutional Court ruling. This was widely reported, and Murat Bircan, who ruled in the Gezi trial, was a candidate from the ruling party, AKP. His involvement in a case where AKP was a party casts doubt on the impartiality of the decision."
Lawyer Enes Hikmet Ermaner criticized the questioning of his client, noting that asking a journalist why they reported on a story is inappropriate. He emphasized the public nature of court proceedings and the legitimacy of Karabay's actions as a journalist covering judicial corruption. Ermaner argued that the real issue was the judicial system's dysfunction, prompting the judge to defend the integrity of his court and his own reputation.
Ermaner further noted that the prosecutor included the news report and a Twitter post in the arrest referral out of animosity towards Karabay. He requested the lifting of Karabay's travel ban, arguing that Karabay's right to protection against defamation had been violated.
The court decided to forward the case file to the prosecutor to prepare a final opinion and continued Karabay's travel ban, adjourning the trial to July 2.
### Background of the case
Karabay was detained on December 28, 2023, following the publication of a report on Gerçek Gündem, which included the court transcript of Barış Saral's trial, a member of the Sarallar criminal group. He was arrested the next day and released on January 8, 2024, after a second appeal by his lawyers.
The indictment against Karabay accuses him of "targeting individuals involved in counter-terrorism" and "publicly insulting a public official," naming Supreme Court member Okan Albayrak, Istanbul Chief Public Prosecutor Şaban Yılmaz, and Istanbul 13th High Criminal Court member Murat Bircan as victims.
