Karademir, who is on trial for “insulting the president,” said, “House arrest is neither a reward, nor a salvation, nor as simple a process as it seems. Not being in prison does not make the situation simple or normal”

ELİF AKGÜL

Arda Karademir, a student in the Business Administration Department at Galatasaray University, was detained during a dawn raid on his dorm room the day before 1 May, as part of a case involving 16 other people. Karademir, who was detained for four days at the İstanbul Police Headquarters on Vatan Street in Istanbul, was only able to learn of the charges against him on the third day due to a confidentiality order. He was charged with “insulting the president” on the grounds of social media posts demanding the prosecution of those responsible following the 6 February earthquakes. Karademir was released on 3 May under judicial control measures requiring him to “remain at home.”

Arda Karademir appeared before a judge at the İstanbul 23rd Criminal Court of First Instance on Tuesday, 9 September. Karademir was sentenced to 11 months and 20 days in prison, but the sentence wasn deferred. Karademir was thus able to leave his home after 129 days.

Speaking to Expression Interrupted immediately after the hearing, Karademir said, “Although I am happy to be free from house arrest, I must not forget that I am still in the midst of an unlawful process and punishment.”

Karademir said, “Justice is being able to say ‘yes, you did not insult’ to someone who did not insult. Despite my lawyer explaining in court that the process was riddled with errors from start to finish, another link was added to the chain. I hope all the students on trial are released as soon as possible and that students' criticism is accepted as a right, not a crime.”

Recent judicial control measure: “Not leaving the residence”

The judicial control measure known as “house arrest” or “not leaving the residence” has been widely used in recent years. This measure has been applied multiple times in almost every case, from charges of “insulting the president” to “membership in a terrorist organization,” targeting the İstanbul Metropolitan Municipality protests. During the 19 March Saraçhane protests alone, 31 people were placed under “house arrest.” If a person is subject to this measure, they cannot leave their current residence with the ankle bracelet attached, either to go to school or work, or even to visit the grocery store.

Karademir's lawyer, Mustafa Atahan Öztürk, stated, "For a judicial control decision prohibiting the leaving of the residence to be issued, there must be grounds for arrest, Article 109 of the Criminal Procedure Code, with reference to Article 100, states that arrest can be made ‘in the event of the possibility of the defendant fleeing, hiding, or concealing evidence, or exerting pressure on witnesses or others.’" In other words, for this measure to be applied, there must be suspicion that the person may flee or tamper with evidence against them.

“It makes you feel like your home is a prison.”

Precisely for this reason, while the judicial control measure against him was still in effect, Karademir asked, “How can there be any suspicion of concealment or flight in a case where the accusation is presented as ‘insulting the president’ based on a post on the X platform?” He added, “But unfortunately, the law is being used not as a means to ensure justice, but as a stick to beat dissidents with.”

Karademir's request to lift the judicial control measures against him, made through his lawyer, had been rejected.

“If the incident makes you feel that your home is no longer your home but a prison, then this is not just a judicial control measure but a direct punishment,” said Karademir, pointing out that his home had been turned into a “prison.”

“During my house arrest experience, I often said, ‘it could have been much worse,’” Karademir said, adding, “House arrest is not a reward, not a salvation, nor is it as simple a process as it seems. Not being in prison does not make the situation simple or normal.”

Karademir said that what made him happiest during this process was that his friends and family never left him alone, adding, “The people they tried to intimidate wake up every day more courageous and united. I may not have lost what I had, but I lost many things I could have had.”

Karademir emphasized that, even with his family and friends by his side, he missed out on many things as a university student during this process: "I have been working during the summers to earn money for my school for years, but I could not work this summer. The absence of my bank card and phone, which were taken from me during my detention and have not been returned for four months, has made my life very difficult. As a young person, I was looking forward to the summer vacation during the school year, and I really did not expect this summer to turn out like this. During this process, I could not attend my classes, and thanks to the hard work of some of our teachers, I was able to take my exams 1.5 months after the exam period."

The psychological impact of house arrest in the file

The impact of the “house arrest” process on a person's psychology is undeniable. Lawyer Mustafa Atahan Öztürk recalls that they submitted “legal opinion on the irreparable health problems he has experienced and may experience” to the file, but that these statements were not taken into account. The relevant legal opinion included the following statements: “The fact that house arrest lasted so long poses a serious threat not only to Arda Karademir's psychological health today but also to his future as a young individual. This situation is a high-risk psychosocial stressor that could lead to trauma-based mental health issues emerging later in life,” Öztürk remarked.

Emphasizing that he “felt exhausted” during his house arrest, Karademir said that “it is an interesting experience to be experiencing firsthand such a blatant injustice.”

Karademir added, "I do not know how punishing young people for crimes they did not commit in order to intimidate the youth who are rising up can be justified. But I know that this is not about me; the young people on trial in this process are being tried not because they are guilty, but because they opposed the regime, just like hundreds of other politicians who are being tried for the same reason. That is why my conscience is clear, my forehead is clear, and my head is held high."

First travel, then “continue the struggle”

Now that he is free from “house arrest,” Arda Karademir's plan is to travel extensively and spend time with his mother, father, and siblings. “Then I will continue the struggle,” said Karademir, concluding his remarks as follows: "After all, from birth, every difficulty is a struggle, living is a struggle, everything in life is a matter of struggle, so the question is which struggle we prioritize. I dream of a beautiful world, and my struggle is to pass on to those who come after us the world that those before us could not see. Although my experiences have changed my ideas and plans, the main theme remains the same. I believe in love, peace, affection, and sharing. I will continue to share these concepts wherever I am. My hope is that justice will prevail, that those who failed to take the necessary precautions before the 6 February earthquake will be brought to justice, and that citizens who demand this will not be blamed."