Sibel Hürtaş, who was sentenced to an administrative fine of TL 10,000 in the lawsuit filed against her, is prosecuted this time for calling the police officers “torturers” in her defense at the hearing

NALİN ÖZTEKİN, ANKARA

In 2020, journalist Sibel Hürtaş, who was battered and detained while covering the protest in front of the Parliament during the debates of the regulation known as the “multiple bar association system” at the Grand National Assembly of Turkey (TBMM), was sentenced to 8 months and 10 days in prison in 2023 at the Ankara 37th Criminal Court of First Instance. The prison sentence was later converted into a judicial fine of TL 10,000. 

Even though the verdict in the case was announced, another incident took place as a continuation of this case. A police officer filed a complaint with the prosecutor's office after Hürtaş used the term “torturer” in her defense against the police officers who detained her forecefuly. After the Ankara Chief Public Prosecutor's Office processed the complaint, an indictment was filed against Hürtaş on the charge of “insulting a public official.” 

“This case affects the immunity of the defense” 

In the indictment, Hürtaş's expression “you are a torturer,” which she used towards the plaintiff police officer K.Y. who subjected her to ill-treatment, was described as “insulting a public official.” The indictment requested that Hürtaş be sentenced for “insult” and that “the penalty be increased by one-sixth due to the fact that the insult was committed publicly.” The indictment was accepted by the Ankara 55th Criminal Court of First Instance and the first hearing date was set for 7 April 2025. 

Hürtaş's lawyer Sercan Aran commented on Hürtaş's defense statement at the hearing being turned into a new case. Aran stated that the expression used by her client does not fall under the category of “insult” and said, “This case is not only a defamation case, but also a case that touches the immunity of the defense.” 

“There is a criminal complaint filed due to torture”

Referring to Article 128 of the Turkish Penal Code, Aran said that Hürtaş's statements during her defense were in line with the concrete reality: “No penalty shall be imposed if concrete allegations or negative evaluations are made about individuals within the scope of written or oral applications, claims and defenses made before judicial or administrative authorities. However, for this to turn into a case, the allegations and evaluations must be based on real and concrete facts and be related to the dispute. In the concrete case, law enforcement officers have already admitted that they used force. There is also a criminal complaint filed by Hürtaş for being tortured. There is a clear connection between the incident and the discourse.” 

“People will become unable to defend themselves in court” 

Stating that he could not even make sense of the incident in question being the subject of a lawsuit, lawyer Aran outlined the legal framework in which the statements during the defense should be evaluated as follows “The legal value protected by the punishment of insulting acts is the honor, dignity and prestige of persons, and in order for this crime to occur, the behavior must be intended to humiliate the person. Whether an act is insulting or not is relative in some cases and may vary according to time, place and situation. All kinds of harsh criticism or disturbing words against individuals should not be evaluated in the context of the crime of insult, and the words should clearly constitute an imputation of a concrete act or fact or an act of blasphemy that may offend the honor, dignity and respect. The words 'you are a torturer' subject to the indictment may be a disturbing, rude and impolite expression, but can never be considered an insult. If we accept otherwise, people will be unable to defend themselves in court.”