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Journalist Fatih Altaylı faces up to 2 years in prison in a lawsuit filed by a prosecutor for "praising a crime and a criminal," based on his comment, "Well done," regarding Ege Akersoy, who punched a person holding the Tawhid flag at a Palestine protest. The indictment against Altaylı was prepared 20 days after Akersoy's release and a month after the incident. Similar to the case of singer Gülşen, who was investigated for her remarks at a concert four months earlier, Altaylı's case was deemed to pose "an open and imminent public safety danger."
The Istanbul Chief Public Prosecutor's Office completed its investigation against Fatih Altaylı, who allegedly posted "Well done" on social media following the attack by Ege Akersoy on İsmail Aydemir after the "Mercy to Our Martyrs, Support to Palestine, Curse to Israel" march in Istanbul on January 1, 2024.
The indictment, referring to "supportive and praiseworthy" social media posts about the attacker, noted that Altaylı shared a "Well done" post on the X platform (formerly Twitter) on January 1, 2024, at the same time as the incident, which he later removed.
In his defense, Altaylı stated he posted the tweet as "a social experiment" while with a friend, witnessing the incident, and denied the accusation against him.
Prosecution deems Altaylı's defense "contrary to the ordinary course of life"
However, the prosecution found Altaylı's defense "contrary to the ordinary course of life." The indictment claimed that Altaylı's "Well done" post praised the individual's action at the protest and argued that it posed "an open and imminent danger to public order," particularly after the demonstrations condemning attacks and denouncing terrorist organizations.
The indictment also mentioned that similar types of demonstrations continued in different cities after the date of the crime and that the protests had not lost their topicality. The prosecution requested up to two years in prison for Altaylı for "praising a crime and a criminal."
Judicial control decision lifted, simple trial to proceed
The 21st Magistrate Criminal Court, accepting the indictment, ruled for a simple trial procedure due to the nature of the crime. The court gave Altaylı and his lawyers 15 days to submit their defense in writing, after which a verdict of acquittal, dismissal, or sentencing could be issued without a hearing. The judicial control measures imposed on Altaylı on January 5, 2024, were also lifted.
'Open and imminent danger' in Altaylı and Gülşen cases
Altaylı's "Well done" comment, which is the subject of the crime, was just a social media post. Moreover, Ege Akersoy, who was arrested for punching the person holding the Tawhid flag, was released after only 17 days in prison. The indictment against Altaylı was prepared 20 days after Akersoy's release and one month after the incident.
A similar claim was made by the prosecutor in the case of singer Gülşen, who was arrested for a speech at a concert four months earlier. Gülşen was accused of "inciting hatred and hostility" despite the time lapse, with the prosecutor asserting an "open and imminent public safety danger."
Were the conditions debated?
The indictment mentions conditions defined in Article 215 of the Turkish Penal Code (the accusation against Altaylı) and Article 216 (the accusation against Gülşen), where "openness" means the presence of a danger that can disrupt public order, and "imminence" refers to the near possibility of the danger causing harm to public order. The crime of praising a crime and a criminal is a concrete danger offense, but Supreme Court rulings require a discussion on whether "'elements of the crime' and 'conditions for punishment' are met" in determining the legal status of the accused.
