EYLEM SONBAHAR
A Turkish court sentenced journalist Furkan Karabay to a judicial fine of 10,500 Turkish lira (approximately $320) for three tweets, including one posted in the aftermath of the devastating February 6, 2023 earthquakes. Karabay was convicted of "insulting the president" in a case closely watched by press freedom advocates.
The fifth hearing in the case was held at the 74th Criminal Court of First Instance in Istanbul. Karabay, who has been in pretrial detention since May 15 on unrelated charges, was tried for three social media posts he made in 2023, which prosecutors claimed insulted President Recep Tayyip Erdoğan.
Karabay’s lawyers argued that the tweets fell within the bounds of legitimate criticism and journalistic expression. Defense attorney Enes Hikmet Ermaner told the court, “As seen in the case file, my client is a journalist. The posts in question are part of his journalistic activity. The tweets do not directly target the President with insults or slurs. They are criticisms of individuals, the ruling party, and the political system. The legal requirement of targeted insult is not met, and therefore, we request an acquittal.”
Another defense lawyer, Özge Naz Akkaya, emphasized that Karabay’s actions were part of his profession. “The act in question is nothing more than the exercise of journalism. Since the legal elements of the crime have not been fulfilled, we ask for an acquittal,” she said.
However, President Erdoğan’s lawyer argued that the posts went beyond criticism and amounted to defamation. “The tweets clearly exceed the limits of criticism and constitute insults. We concur with the prosecution’s opinion and demand the maximum penalty for defamation,” the lawyer said.
The prosecutor reiterated the final opinion submitted on June 19, calling for Karabay’s conviction. After a brief recess, the court handed down the fine.
Details from the indictment
The indictment, dated January 24, 2024, lists President Erdoğan as the complainant and cites three tweets as evidence of criminal insult.
In the first post, dated May 28, 2023, Karabay wrote:
“Hey you owls sitting in palaces, monsters in human clothes who make orphans cry, those who sell their honor for money—our homeland is bleeding, our people are devastated! We have the courage to sacrifice our lives for our country. No giving up. Our struggle against oppression is not for a day, it’s for a lifetime!”
The second post, from February 8, 2023, criticized restrictions on social media in the days following the deadly earthquakes in southern Turkey that killed over 50,000 people:
“While people use social media to reach loved ones, make their voices heard, and call for help, those who ignore them restrict Twitter. While you chase profits, drugs, and mafia protection, citizens are freezing to death under rubble. One day, there will be accountability for all of this.”
The third tweet, dated May 19, 2023, referenced alleged collusion between the ruling party and extremist groups:
“During the AKP’s 21 years in power, lives were lost through conspiracies orchestrated with terrorist groups. Just as Erdoğan and the AKP applauded those responsible for the deaths of Kuddusi Okkır, Türkan Saylan, and Ali Tatar, they also applauded those who drove Vural Avat to his death...”
Furkan Karabay is already in detention in connection with a separate case. His conviction adds to a growing list of Turkish journalists prosecuted under Article 299 of the Turkish Penal Code, which criminalizes insults against the president and carries penalties of up to four years in prison. The law has drawn criticism from rights groups and the Council of Europe, which view it as a tool to silence dissent and suppress press freedom in Turkey.
