Pop star Gülşen Bayraktar has been sentenced to 10 months of imprisonment for “publicly denigrating a section of the people on grounds of differences of class, race, religion, sect, sex or region.” The sentence has been deferred

CANSU PİŞKİN, İSTANBUL

The fourth hearing in the trial of pop star Gülşen Bayraktar, who goes by the stage name Gülşen, on charges of “inciting the people to hatred and enmity” was held at the İstanbul 11th Criminal Court of First Instance on 3 May 2023.

Gülşen’s lawyers attended hearing, which P24 monitored. Lawyers for plaintiffs submitted excuses not to attend the hearing.

The prosecutor repeated their final opinion on the case at the third hearing of the trial on 1 March 2023 and requested that the singer be sentenced for “inciting the people to hatred and enmity” over her expression subject to the charge.

Emek Emre, one of the lawyers representing Gülşen, said that the content of the opinion of the prosecution was inconsistent with the case file. Criticizing the opinion for including social media reactions to his client’s expression, lawyer Emre said, “Constitutional Court deems social media reactions as intangible danger, whereas tangible danger needs to be established for elements of crime to exist.” Emre added that several plaintiffs had not yet testified and that a case could not be completed without all complainants testifying. Emre and the other three lawyers representing Gülşen requested their client’s acquittal on grounds that elements of crime had not existed.

The court sentenced Gülşen to 10 months of imprisonment for “publicly denigrating a section of the people on grounds of differences of class, race, religion, sect, sex or region.” The sentence was deferred.

Background of the case

A video recording of Gülşen joking with a band member during a concert in İstanbul on 30 April 2022 was put in circulation on social media on 25 August 2022.

Complaints against Gülşen were filed with the Presidency of Communication (CİMER) over her saying “İmam Hatip okumuş, sapıklığı oradan geliyor” (“He went to a religious high school, that’s why he is a pervert”.)

Gülşen was detained on 25 August 2022, and put in pre-trial detention on the same day by the prosecutor’s office on grounds that “judicial control measures would be insufficient.” Placed in Bakırköy Women’s Closed Prison, Gülşen was released after three days on house arrest. The house arrest was lifted on 12 September 2022.