In the retrial of Arapkirli who was prosecuted upon Sosyal Doku (Social Fabric) Foundation’s Nureddin Yıldız’s complaint, the court has ruled that the act of “insult” was committed in reaction to a wrongful act and therefore there were no grounds for sentencing the journalist

CANSU PİŞKİN, İSTANBUL

The third hearing in the retrial of journalist Zafer Arapkirli who was charged with “insult” over criticizing a statement by Sosyal Doku (Social Fabric) Foundation’s Nureddin Yıldız on social media was held at the İstanbul 32nd Criminal Court of First Instance on 29 November 2023.

Arapkirli and his lawyers were present at the hearing, which P24 monitored. Co-plaintiff Nureddin Yıldız’s lawyers submitted an excuse not to attend the hearing.

At the previous hearing, in line with the appellate court’s decision to overturn, the prosecutor for the hearing had requested the case file to be sent to a court expert to establish the dates of the statement “Girls or boys aged 6-7 can marry” made by co-plaintiff Nureddin Yıldız, and Arapkirli’s social media posts in which he reacted to this statement. The court had conveyed the case file to a court expert for the establishment of the dates of the posts subject to the trial. The presiding judge said that the court expert’s report had been received and that the tweets subject to the charge were dated 6 September 2016.

Presenting their final opinion on the case, the prosecutor requested a ruling for no grounds for sentencing, “Considering Nureddin Yıldız’s statement may be perceived and interpreted in many ways by society, may have shaken and disturbed society, is contrary to the sensitivities and values of society, the act of ‘insult’ was committed in reaction to a wrongful act.”

“I shared the post subject to the trial for purposes of criticism”

Devliering his defense against the opinion, Arapkirli spoke as follows: “I do not accept that this can be a case over insult, because I do not think I have insulted anyone. What I have done is to defend the girls’ right to existence and life, who are the most disadvantaged section of society. I also have a daughter, and to oppose girls having to live in such a country is an obligation for us all. I have no personal animosity towards the complainant. I wrote the tweet subject to the complaint as a journalist and a citizen to criticize the treatment imposed on girls.”

Kemal Aytaç, one of Arapkirli’s lawyers, said they did not agree with the prosecutor’s opinion: “In the opinion, my client’s statement is evaluated as a crime, but no sentencing is requested. My client should be acquitted, as his statement does not constitute insult.”

Asked for his final statement, Arapkirli stated, “I will use my right to criticize anyone who makes statements which promote pedophilia as part of my duties as a citizen. I request my acquittal.”

Announcing its verdict, the court ruled that the act of “insult” was committed in reaction to a wrongful act and therefore there were no grounds for sentencing Arapkirli.

A case had been filed against Arapkirli, upon a complaint by Sosyal Doku Foundation’s Nureddin Yıldız, for criticizing Nureddin Yıldız’s 2016 statement “children aged 6 may marry” on social media. Arapkirli was acquitted on 26 December 2019. The appellate court, which examined the objection filed by Yıldız’s lawyer, had reversed the verdict and returned the case file to the court of first instance for a retrial.