Journalist Furkan Karabay, who was arrested based on his statements on a YouTube channel and social media posts, was sentenced to a total of 4 years and 3 months in prison on charges of 'insulting the president,' 'targeting people involved in the fight against terrorism,' and 'insulting a public official.' He was subsequently released.
Karabay on Dec 2 appeared before the İstanbul 25th Heavy Penal Court 201 days after his arrest.
The hearing, scheduled to begin at 10.30 am, started with a two-hour delay at 12.30 pm local time (GMT+3). A large crowd of journalists followed the hearing. The observers did not fit in the courtroom, and those who remained standing were removed from the room.
Karabay was brought into the courtroom in handcuffs and escorted by gendarmerie. It was noted that he had lost weight.
BIA Media Monitoring Reports
Judge threatens lawyers
In his defense, Karabay recalled operations carried out in recent months. He then listed the courts that had tried Ercüment Akdeniz, had not released Fatih Altaylı, disregarded the right violation decision concerning Tayfun Kahraman, accepted the indictment against the İstanbul Metropolitan Municipality, and arrested activists and students due to protests.
At this point, the president of the judicial panel interrupted Karabay, saying, “These are not your cases.” As voices were raised, the president threatened to remove the lawyers and observers from the courtroom.
Karabay tears up indictment
Karabay and his defense lawyers objected to the interruption of his defense. The presiding judge insisted that “The defense must be related to the subject of the trial.”
Karabay then demanded that the indictment be read. The judge replied, “We are not obliged to do so. That law has changed. I don't have to read it. I summarized it.”
Continuing his statement, Karabay said, “I protest all irregular and unlawful judicial decisions in Turkey. I will not present a defense against this indictment, which was prepared like filling out a betting slip. I refuse to make a defense. I will tear up this indictment.” He concluded his speech immediately after tearing up the indictment he held in his hand.
However, the court accepted this action as Karabay’s defense against the indictment.
The lawyers of Recep Tayyip Erdoğan and Akın Gürlek stated that their complaints continued and requested to intervene in the case. The court accepted their request, reasoning that they were harmed by the crime.
Without giving the floor to Karabay’s lawyers, the presiding judge requested the prosecutor's opinion on the merits of the case. The hearing resumed at 1.15 pm local time (GMT+3) after a break of approximately 30 minutes. The prosecutor submitted an opinion proposing Karabay’s punishment based on the allegations in the indictment.
'Furkan is being tried for doing journalism'
Following this, Karabay's lawyers took the floor. The hearing continued with the defense statements. Lawyer Enes Ermaner began his statement by criticizing the prosecution. He said, "I was going to present a defense against the indictment, but after Furkan spoke, you requested the prosecutor's opinion on the merits, contrary to procedure, without giving us the floor. The prosecutor asked for time to prepare the opinion. We have been waiting in front of the room for 30 minutes, 200 people. The resulting opinion is the same as the indictment. I want to start by criticizing the esteemed prosecutor's office for putting us through this hardship."
Stating that none of the three charges against Karabay in the indictment were substantiated, Ermaner asked, "Should we consider the parts highlighted in bold by the prosecutor's office in Furkan's article as the criminal accusation? What kind of criminal accusation is there here? There is an ambiguous, carelessly prepared indictment."
He then explained that the basic principle of criminal law is to find the crime from the evidence and the perpetrator from the crime. Ermaner stated that Karabay was only investigated by name without any evidence.
Pointing to the 201-day period of detention, he said that what Karabay was subjected to was a de facto punishment.
He added, "Furkan's journalistic activity is on trial. That's why the crime cannot be substantiated in the indictment. Is it this easy to mess with a person's life and criminal record?"
The verdict
Karabay's lawyers completed their defense as of 2.25 pm. The judicial panel adjourned the hearing to make a decision.
After the recess, the court announced its decision, sentencing Karabay to a total of 4 years and 3 months in prison: 1 year and 9 months for the charge of insulting the president, 1 year and 3 months for insulting a public official, and 1 year and 3 months for allegedly targeting Akın Gürlek. However, he was acquitted of the charge of targeting public prosecutors Can Tuncay and Ahmet Şahin.
The court ruled for Karabay's release, considering the time he had spent in prison. (HA/VK)
