Court Overturns the Judicial Fine Given to Journalist in a Suit by Minister Albayrak

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The 23rd Penal Chamber of İstanbul Regional Court of Justice, a court of appeals, has overturned the judicial fine of 7,100 Turkish Lira (TRY) given to daily BirGün Editorial Coordinator İbrahim Varlı.

The fine was given in a lawsuit filed upon the criminal complaint of Minister of Treasury and Finance Berat Albayrak over two news reports on Panama Papers published on the newspaper in 2016.

Examining the verdict, the court of appeals has ruled for the acquittal of Varlı as "the elements of the offense of insult did not arise."

Two news reports deemed an offense

Berat Albayrak, the then Minister of Energy and Natural Resources, filed a lawsuit against İbrahim Varlı over two news reports on Panama Papers, namely "Panama'dan Eksik Kalmadılar" (They are in Panama, too) and "Bilal'i Yurtdışında Okutan Da Var, Damadın Şirketi De" (The One Who Schooled Bilal and the Company of the Son-in-Law are There, too).

Announcing its ruling on the news reports published on BirGün on May 11, 2016, the İstanbul 2nd Penal Court of First Instance concluded that the offense of "insult" was committed by the reports in question and sentenced Varlı to pay a judicial fine of 7,100 TRY.

Court of appeals reverses the verdict unanimously

The lawyers of daily BirGün lodged an appeal against this verdict. In their petition of appeal, they underscored that the fine in question meant the violation of people's right to information and requested the acquittal of Varlı.

Examining the appeal, the 23rd Penal Chamber of İstanbul Regional Court of Justice has concluded that the elements of the offense of "insult" were not constituted and ruled that Varlı shall be acquitted.

The court gave the verdict unanimously on December 11, 2019:

"Though the remarks are harsh and disturbing according to the judicial opinions of the European Court of Human Rights and Court of Cassation, they are still not considered to 'offend the dignity, honor and reputation of a person' in terms of the legal elements of insult offense."

Accordingly, the court has ruled for the acquittal of İbrahim Varlı as per the Article 223/2-a of the The Law on Criminal Procedure (CMK). (HA/SD)