In the ongoing case against the now-closed Özgür Gündem newspaper, prosecutors have sought penalties for İnan Kızılkaya and İhsan Çaralan for allegedly insulting the President of Turkey. This charge stems from a news story published on May 31, 2016, under the headline "The Same Place, The Same Killer."
The second hearing of the trial took place in the Istanbul 2nd Criminal Court of First Instance. Çaralan was not present but was represented by his lawyer Devrim Avcı Özkurt. İnan Kızılkaya attended the hearing with his lawyer, Özcan Kılıç, requesting acquittal based on a decision by the Constitutional Court of Turkey (AYM) alleging a violation of freedom of expression.
Kılıç stated, "The Constitutional Court's decision did not solely address the suspension of the pronouncement of judgment (HAGB) but also indicated a violation of the right to freedom of expression. Therefore, we request an acquittal in line with the Constitutional Court's decision."
Despite the AYM's decision acknowledging the violation of the defendants' rights to freedom of expression and assembly, the prosecutor, considering the complaint by President Erdoğan's lawyer, argued that the violation pertained not to the substance of the trial but to the HAGB decision. Consequently, the prosecutor sought penalties for Kızılkaya and Çaralan for the alleged offense.
Kızılkaya, defending the news report as an exercise of freedom of thought, said, "The Constitution is clear on this matter. As long as there are no expressions of violence, any statements made are constitutionally protected. I request my acquittal."
Kılıç also highlighted the political nature of the case, pointing out that President Erdoğan, being the head of a political party, should be subject to criticism as a politician. He cited decisions by the AYM and the European Court of Human Rights (ECtHR) emphasizing that politicians should have a higher tolerance for criticism. He argued that the act should be evaluated under Article 125 of the Turkish Penal Code (TCK) concerning defamation, not under TCK Article 299, which concerns insulting the President.
Lawyer Devrim Avcı requested additional time to prepare a defense against the prosecutor's final opinion. The court granted this request and adjourned the hearing to September 13, 2024, at 10:20 a.m.
