Expression Interrupted

Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.

Journalist Karabay acquitted of two charges and fined in case in which he was detained for 9 days

Journalist Karabay acquitted of two charges and fined in case in which he was detained for 9 days

The court that imposed a fine on Karabay for “insulting” Istanbul Chief Public Prosecutor Akın Gürlek has postponed the announcement of the sentence. Karabay has been acquitted of the other charges

CANSU PİŞKİN, ISTANBUL

The second hearing in the case against journalist Furkan Karabay on charges of “disclosing the names of public officials involved in the fight against terrorism,” “insulting a public official,” and “spreading false information” over his news reports and posts regarding the investigation of Esenyurt Mayor Ahmet Özer, was held at the İstanbul 22nd High Criminal Court on 2 October 2025.

Karabay, who was jailed on 15 May in connection with another case, was brought to the hearing from Marmara Prison, accompanied by gendarmes. Karabay's lawyers were also present in the courtroom.

The hearing, monitored by P24, was observed by a large number of people, including Özgür Öğret, Turkey Representative of the Committee to Protect Journalists (CPJ).

At the first hearing on May 27, the prosecutor presented their final opinion on the case and requested that Karabay be punished on all three charges against him. The presiding judge asked Karabay for his statement in response to the opinion. Karabay requested that the opinion be read again. However, it was the court clerk, not the prosecutor, who read the opinion.

Karabay, presenting his defense, said, “My purpose in coming to this hearing was both a change of scenery and to see my friends. Your decision will have no effect.”

Karabay's lawyer, Enes Hikmet Ermaner, criticized the fact that the prosecutor’s opinion on the case, read at his client's request, was read by the clerk rather than the prosecutor. Ermaner said, “Just as the prosecutor refrained from reading the opinion, he also refrained from writing the opinion on the case. The prosecutor copied the indictment word for word, therefore this opinion is completely contrary to the law.” Referring to Supreme Court precedents, Ermaner emphasized that the prosecutor must present their opinion in a clear and understandable manner, continuing: "If the prosecutor is wearing their robe and sitting here, they must read the file from beginning to end and present their opinion on the casde. I do not accept this opinion, which was prepared by copying and pasting from the indictment. I request that the case be sent back to the prosecutor's office to file a new opinion on the case.”

The prosecutor said, “There is nothing to change in the opinion. I repeat it verbatim." The court rejected Ermaner's request to send the case back to the prosecutor's office.

Ermaner, who made a statement against the opinion, asked, “The prosecutor who took the client's statement was wearing a smartwatch. The light on the prosecutor's watch lit up while the client was giving his statement. Can Tuncay was sending messages to the prosecutor conducting the interrogation. How can we talk about a fair trial in such an environment?” and requested his client's acquittal.

Harun Karabay, one of Karabay's lawyers, also stated in his defense, "First, my client was deprived of his job and his profession, and now he is deprived of his freedom. Is it a crime to write the names of the chief prosecutors of this court and publish their photos on the court's official website? The chief prosecutor of this court has been involved in politics and has been the Deputy Minister of Justice. He is known even in a village in Tokat. Are the chief prosecutors of this court sacred, beyond criticism? Your decision here will answer that question. My client is not an enemy of the public. As a journalist, he reports news to inform the public. I request acquittal."

The court ruled that Karabay should be acquitted because the legal elements of the crimes of “disclosing the names of public officials involved in the fight against terrorism,” “publicly spreading false information,” and “insulting a public official” against Şaban Yılmaz were not present. Regarding the “insult” charge against Akın Gürlek, the court imposed a judicial fine of TL 42,500 on Karabay and postponed the announcement of the sentence.

Background of the case

Following Ahmet Özer's imprisonment, Karabay wrote a news article titled "The Ahmet Özer investigation from A to Z: Concert, state records, condolences, and a father's photo were used as grounds for arrest." Following the rejection of the appeal against Özer's detention, Karabay also shared posts on his X account.

In his posts related to the case, Karabay stated that the Istanbul Chief Public Prosecutor and his assistant had known each other since their years at Marmara University Faculty of Law, and shared details about the controversial indictments filed by the Istanbul Chief Public Prosecutor's assistant, who he said had conducted many FETÖ investigations to date, regarding a member of the Turkish Armed Forces. Karabay, who was investigated for the aforementioned news and posts, was imprisoned pending trial on 9 November 2024. Karabay was released on 18 November following an appeal by his lawyers.

The indictment filed against Karabay on charges of “disclosing the names of individuals assigned with the fight against terrorism,” “insulting a public official” and “spreading false information” was filed on 10 February 2025.

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