Eylem Sonbahar
In a case where journalist Levent Gültekin was accused of "insulting the president," a Turkish court has sentenced him to 11 months and 20 days in prison. The announcement of the verdict has been deferred. This decision stems from comments made by Gültekin on the "İki Yorum" program aired on Halk TV.
The second hearing of the case against Gültekin was held at the Bakırköy 44th Criminal Court of First Instance. The accusations relate to Gültekin's remarks on the September 27, 2022, broadcast of "İki Yorum," hosted by Levent Gültekin and Murat Sabuncu, where he allegedly insulted Turkish President Recep Tayyip Erdoğan. Notably, Erdoğan's lawyer did not attend the hearing, while Gültekin was present with his attorney, Gamzenur Sancılı.
During his defense, Gültekin emphasized the critical role of journalists in informing and warning the public about national events. He defended his comments as a harsh critique of President Erdoğan's speech following a terrorist attack in Mersin, a city in southern Turkey. Gültekin asserted that his remarks were not insulting but rather a fulfillment of his journalistic duty, and he requested acquittal.
Sancılı, Gültekin's lawyer, argued that her client, as a journalist, regularly comments on current affairs in TV programs. She maintained that the content of Gültekin's speech was not a direct attack on the president's person or office but rather a critique of his political approach and governance. She insisted that the elements of the alleged crime were not present and that Gültekin's statements constituted severe criticism, not insult, asking for an acquittal.
The prosecutor, in response, contended that while Gültekin appeared to criticize the president's political approach, the specific mention of Erdoğan satisfied the requirement of direct reference. The prosecutor cited a statement by Gültekin referring to the "mindset of a primary school child" as fulfilling the criteria for insult, according to a decision by the 4th Criminal Chamber of the Court of Cassation. The prosecutor's statement suggested that criticism could have been made without resorting to such language and advocated for Gültekin's conviction.
Following the defense statements, Sancılı rejected the prosecutor's opinion, arguing that the indictment barely mentioned the president and that the requisite direct reference was not established. She reiterated that her client's comments were a critical analysis necessitated by journalistic practice.
Ultimately, the court ruled to sentence journalist Levent Gültekin to 11 months and 20 days in prison for the charge of "insulting the president." The decision to announce the verdict has been postponed.
