Hayri Demir
Journalist Zafer Arapkirli was fined 8,840 Turkish Liras, converted from a 442-day prison sentence, for "insulting a public official" in a case brought against him following a complaint by former Interior Minister Süleyman Soylu and Gendarmerie General Commander Arif Çetin. The case was based on a social media post by Arapkirli.
Arapkirli was tried for a post where he quoted a news story titled "7,000 FETÖ members identified in the Gendarmerie" from Yeniçağ newspaper, commenting, "What now? Will the Interior Minister and the Gendarmerie General Commander file complaints against those who criticize this and tweet aggressively?" The second hearing of the case was held at the Ankara 21st Criminal Court of First Instance.
Warning to observers about 'recording proceedings'
Journalist Arapkirli and his lawyers, Kemal Aytaç and İlknur Adiller, were present at the hearing, along with numerous journalists observing the trial. Representatives of Çetin and 'victim' side lawyers did not attend due to excuses.
The presiding judge warned journalists to sit every other row and stated that those recording the proceedings would have a report written against them.
The prosecution reiterated its initial opinion from the first hearing, requesting Arapkirli be punished for the charges against him.
‘Soylu and Çetin’s names not in the post’
Defending himself, Arapkirli stated that his post was a commentary on a news story from Yeniçağ newspaper and was not intended to personally target Arif Çetin or Süleyman Soylu. He emphasized, “Neither of their names appears in the post. My aim was to express my thoughts and opinions within the scope of the freedom granted by Article 26 of our Constitution, as well as exercising press freedom as a journalist. I want to reiterate that there was no intention of insult.”
During Arapkirli’s defense, the judge threatened to remove the MLSA observer from the courtroom for taking notes, ordering the courtroom officer to check the observer's computer. Despite protests from journalists and the observer that they were taking notes for reporting on the hearing, the judge maintained the warning.
Arapkirli concluded his defense by requesting acquittal, arguing that the elements of the alleged crime were not established.
‘It would be impossible for the press to do its job if every criticism led to a lawsuit’
Adiller argued, “In my opinion, my client is being tried in a case where even the two people named as participants are unaware of.” She continued, “My client is a journalist. His job is to inform the public, using Turkish language effectively and assertively. The news he shared did not use the names of the two individuals. If every criticism is going to lead to a lawsuit, it would be impossible for the press and media to perform their duties. Such cases are a significant threat to press freedom.”
Lawyer Kemal Aytaç also mentioned the decisions of the European Court of Human Rights and the precedents of the Supreme Court of Appeals that harsh criticism against public officials cannot be the subject of a lawsuit.
Arapkirli: I would have expected them to react, not to make it a case
In his final statement, Arapkirli said, “The news subject to this case and my related post were about a democracy issue, which is sensitive and has been debated for years in this country, and needs to be resolved. It’s about the damage a community’s parallel state structure has inflicted on the republic and the regime. As an ordinary citizen and a senior member of the press, I believe my post was an important message to create awareness in society so that such democracy setbacks do not happen again. For this reason, I would have expected the complainants to show a citizen’s reaction to defend the state, rather than making it a subject of a case. I request acquittal as no insult offense was committed.”
Following the defenses, the court immediately announced its decision, imposing an 8,840 Turkish Lira fine on Arapkirli for the charges against him. It was later understood from the trial record that a 442-day prison sentence was initially given, which was then converted to a fine.
