A decision of acquittal was given in the case in which BirGün writer and BirGün TV presenter Zafer Arapkirli was tried on the charge of “insulting the president,” on the grounds of a social media post.
MLSA – At the decision hearing held at the Istanbul 60th Criminal Court of First Instance, Arapkirli made his defense statement on the merits. In his defense statement, Arapkirli stated that there is a struggle between the good and the bad in the country and said, “This case was opened as a result of an informant targeting me. There is no criminal element in my post,” and requested his acquittal.
Arapkirli’s lawyers stated that the name of the President was not mentioned in the post subject to the accusation, and that the case was opened upon Cem Küçük thinking that the President was implied in the post. The lawyers expressed that even if it were assumed that the President was intended, the elements of the crime would not be constituted, and they referred to the European Convention on Human Rights (ECHR) and the case law of the European Court of Human Rights (ECtHR).
Attorney Kemal Aytaç said, “If the phrase ‘You are a very bad screenwriter’ is to be considered an insult to the President, the law disappears. There cannot be such a case; this file has been null and void from the very beginning.” Aytaç requested the return of the indictment, and if this was not possible, that a decision of acquittal be given.
In his final words, Arapkirli said, “I am a journalist of 50 years who writes about and criticizes the AKP Chairman and President Erdoğan, who governs this country, every day. I know the limits of criticism and I am not afraid of criticizing. But there is no crime here.”
The court gave a decision of acquittal regarding Arapkirli on the grounds that the elements of the crime were not constituted.
A case had been opened against BirGün writer Zafer Arapkirli on the allegation of “insulting the President” due to his social media post. The investigation was initiated after Türkiye newspaper writer Cem Küçük targeted Arapkirli’s post. Küçük wrote, “This man is writing these words intending the President… The police and the prosecutors should do what is necessary.”
