Eylem Sonbahar
A Turkish court has acquitted LGBT+ activist İris Mozalar, ruling that her social media posts criticizing racist attacks against refugees fell under the protection of freedom of expression.
Tight security at the courthouse
The third hearing of the case was held at Istanbul 61st Criminal Court of First Instance. Mozalar was on trial for allegedly "publicly inciting hatred and hostility" over social media posts condemning xenophobic violence.
Ahead of the hearing, the courthouse corridor was blocked off with barriers, and a heavy police presence was observed. Only four people were allowed inside the courtroom, where Mozalar attended the hearing alongside her lawyers.
Mozalar’s lawyer, Gizem Karaköçek, argued that the prosecution had failed to demonstrate how her client’s posts posed a "clear and imminent danger," as required by law.
"When there is no evidence of such a danger, the court must rule for acquittal. We have already objected to the procedural irregularities in the investigation," Karaköçek stated.
Another lawyer, Gülyeter Aktepe, demanded that human rights observers waiting outside be allowed to enter the courtroom, or at least that the courtroom doors be opened. The judge accepted the latter request, allowing the doors to remain open during the hearing.
Defense: No incitement, no attacks
Continuing the defense, Aktepe noted that the prosecution failed to specify how Mozalar’s posts constituted a threat:
"The indictment does not explain who was endangered, how, or in what manner. While no one has been arrested for setting homes and vehicles on fire during the attacks, my client was detained simply for her social media posts. This is a violation of her rights."
Referring to violent anti-refugee attacks in Kayseri, Aktepe pointed out that individuals who posted messages praising the violence had not been prosecuted.
"No one has been attacked as a result of my client’s posts. Her statements fall within the scope of free expression. We request her acquittal."
In her own defense, Mozalar said:
"I am standing trial today simply for exercising my right to free speech. I am not the one inciting hatred and hostility."
The court ruled that Mozalar’s posts were protected under freedom of expression and acquitted her of all charges.
Case background
The case stems from social media posts Mozalar shared following anti-refugee violence in Kayseri’s Melikgazi district on June 30. The attacks erupted after unverified claims that a Syrian man had sexually assaulted a child. Mobs vandalized Syrian-owned businesses and vehicles in response.
Mozalar was detained on July 10 over four social media posts and was formally arrested the next day. She was released on July 12.
