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Facing up to 12 years and 10 months in prison for "insulting the president" and "publicly insulting a public official because of their duty," Sedef Kabaş appeared before a judge today (March 11) after spending 49 days under arrest.
Handing down its judgment in the first hearing, the İstanbul 36th Penal Court of First Instance acquitted Kabaş of "insulting a public official" and sentenced her to 2 years and 4 months in prison for "insulting the president."
The court ruled for Kabaş's release after pronouncing its verdict.
• Kabaş was put on trial and arrested because of quoting a proverb on TV: "There is a famous saying, 'A crowned head will get wiser.' But we see that this isn't the reality. There is also a saying that is the exact opposite: 'When cattle go into a palace, they don't become the king; the palace becomes a barn'."
A limited number of people were allowed in the courtroom due to the pandemic measures. Erol Önderoğlu, the Reporters Without Borders (RSF) representative in Turkey, İstanbul Bar Association Chair Mehmet Durakoğlu and Republican People's Party (CHP) deputy Utku Çakırözer were among them.
Sedef Kabaş was brought to the courthouse from Bakırköy Prison. Her attorneys Uğur Poyraz and Kerem Altıparmak were also present at the hearing. Attorneys of President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan and Minister of Interior Süleyman Soylu also attended the hearing.
"Don't talk about yourself"
After the identification, Kabaş began her defense. When she said, "I will continue to speak the truth despite what the current government made me and us get through. I am a journalist who returned to the country by her own will after the education I received abroad," the judge interrupted her, saying, "Don't talk about yourself."
Continuing her defense, Kabaş said, "I didn't insult the president and I wouldn't. I wouldn't approve of insulting the president. If necessary, I will criticize the government in the harshest way and as you would appreciate that these are within the scope of freedom of expression and the duty of a journalist.
"I didn't even mention Erdoğan's name, but he took it personally. All of these are criticisms, they can't be considered as insults. Otherwise, it would mean usurping the public's right to information.
"They made me get through things that wouldn't happen in any state of law. What kind of crime could I have committed that they are demanding that I spend nearly 13 years in prison?"
Kabaş demanded her acquittal and stated that she would not accept the pronouncement of the verdict to be deferred.
Erdoğan and Soylu demanded participation
After Kabaş's defense, attorneys of President Erdoğan and Minister Soylu requested to participate in the trial as plaintiffs.
The prosecutor demanded the approval of this request.
After that, Kabaş's attorney, Uğur Poyraz took the stand. However, the judge frequently interrupted him when he was talking about the law of procedures.
"Is there a judge who would defy Tayyip Erdoğan's request in this country? A judge to give this verdict should take the risk of exile," said Poyraz.
Speaking after him, lawyer Altıparmak said, "The attorney of the president openly asks for a privilege by saying that his client will not come here. Persons who are aggrieved should come to the courtroom and explain their complaints. If you recognize the Constitution and the European Convention on Human Rights, you cannot accept these requests for participation."
Yet, the court accepted the requests of the attorneys of Erdoğan and Soylu.
Prosecutor's opinion
The prosecutor demanded the highest possible sentence for Kabaş for the mentioned crimes. They requested her acquittal for insulting Minister of Transport and Infrastructure Adil Karaismailoğlu.
The prosecutor also requested the continuation of Kabaş's arrest.
The judge gave a 15-minute break after the prosecutor announced their opinion.
Speaking after the break, Bahar Ünlüer, an attorney of Kabaş, said, "My client has a 12-year-old son whom she has to take care of. He has been deprived of his mother's care and love for 49 days because she is under arrest. He is staying with his grandmother, who has Parkinson's disease."
Altıparmak said, "There is a serious interference with family life. The continuation of the arrest will affect this. The attorney of the intervening parties threatened to apply to the ECtHR. The Vedat Şorli verdict is final. It has been sent to the committee of ministers and you should comply with that."
The verdict
After another break of 30 minutes, the court handed down its judgment. It acquitted Kabaş of "insulting a public official" and sentenced her to 2 years and 4 months in prison for "insulting the president."
Trials for 'insulting the president' in TurkeySince 2014, when Erdoğan was elected the president, investigations have been launched against over 160 thousand people for "insulting the President". More than 35 thousand turned into court cases. In these trials, over 38 thousand people and more than a thousand children appeared before the judge. The number of cases during Erdoğan's first 4-year term in office increased by 19.5 times and by 2,052 percent when compared to the term of former President Abdullah Gül. In the trials, 12 thousand 881 people have been convicted, 3 thousand 625 people, including 10 children, have been sentenced to prison. In 2020 alone, 45 thousand investigations were launched against people on the charge of "insulting the President" and lawsuits were filed against 9 thousand 773 people as a result of these investigations. According to the BİA Media Monitoring Report published on January 10, 2022, and covering the months of October-November-December 2021, at least 22 journalists and cartoonists were faced with this charge in this period. According to the BİA Media Monitoring 2021 Annual Report, from August 2014, when Erdoğan was elected the President, to January 1, 2022, at least 70 journalists were given prison sentences, deferred prison sentences and/or fines for "insulting the President". Article 299 of the Turkish Penal CodeA person convicted of "insulting the president" as per the Article 299 of the Turkish Penal Code (TCK) is sentenced to 1 year to 4 years in prison. If the offense is committed publicly, the sentence is increased by one sixth. Prosecution on this charge is subject to the permission of the Justice Ministry. However, it is regarded as a formality and it is not known, according to the reports, whether there is any person for whom no permission has been granted by the Ministry to be prosecuted on this charge. |
(HA/VK)
