Karabay was on trial over his social media posts about claims regarding Bekir Altun made by former İstanbul Anadolu Chief Prosecutor İsmail Uçar in his petition to the Council of Judges and Prosecutors

CANSU PİŞKİN, İSTANBUL

The first hearing in the trial of journalist Furkan Karabay on the charge of “publicly and repeatedly insulting a public official” filed upon a complaint by İstanbul Justice Commission President Bekir Altun was held at the İstanbul 51st Criminal Court of First Instance on 9 May 2024.

Karabay and lawyers for the parties were present at the hearing, which P24 monitored.

Delivering his defense statement following identification, Karabay rejected the charge and said the following: “My social media post was a quote from the petition submitted by former İstanbul Anadolu Chief Prosecutor and current member of the Court of Cassation İsmail Uçar to the Council of Judges and Prosecutors (HSK). Uçar’s petition included a claim that Bekir Altun was receiving bribes. What I did was to report about the petition to the HSK to the public. I did my duty as a journalist. No crime is the case here. There is no insult or defamation. If a crime has been committed, then a case may be filed against İsmail Uçar.” Karabay requested his acquittal.

Karabay’s lawyer Enes Hikmet Ermaner said that elements of the impugned crime had not formed and requested his client’s acquittal: “The posts subject to the complaint are quotes from the petition submitted by İsmail Uçar. My client has made no value judgments in these posts. The posts serve the function of making the public aware of the allegations. The intention to insult is not legally possible. My client has not targeted people but institutions. There is public interest in the proper functioning of institutions. The news item is in keeping with the apparent truth.”

Co-plaintiff Bekir Altun’s lawyers argued that the news item subject to the case had harmed their client’s reputation and violated his personality rights, and requested sentencing for Karabay.

Presenting their final opinion on the case, the prosecutor said that the posts fell within the limits of freedom of the press and requested Karabay’s acquittal.

Lawyers for the co-plaintiff said they did not agree with the opinion and requested Karabay to be issued the maximum sentence.

Karabay’s lawyer Ermaner said they agreed with the opinion and repeated his request for his client’s acquittal.

The court ruled that its previous ruling for Karabay’s acquittal taken through the simple trial procedure was procedural and legal and ruled to acquit Karabay again.

Background of the case

An indictment on the charge of “publicly and repeatedly insulting a public official” was filed against Karabay, who had shared the claims made about Bekir Altun in a petition submitted to the HSK by the former İstanbul Anadolu Chief Prosecutor İsmail Uçar.

The İstanbul 51st Criminal Court of First Instance, which admitted the indictment, used the simple trial procedure and held a hearing summarily on 18 March 2024, and ruled for Karabay’s acquittal. Upon an objection by Altun’s lawyers, the case was refiled to be held with full hearings.