Fatih Altaylı rift in the AKP: Mücahit Birinci criticizes arrest decision, emphasizes rule of law

Oktay Saral, chief advisor to AKP Chairman and President Recep Tayyip Erdoğan, targeted journalist Fatih Altaylı in a post on his social media account.

Following Saral's post stating, "Altaylı, the water is starting to get hot for you," Fatih Altaylı, who was detained on charges of threatening the president, was ordered to be arrested.

While the arrest of journalist Fatih Altaylı sparked public reaction, former AKP MKYK member Mücahit Birinci also criticized the decision in question.

Stating, "My perspective on issues is, for the most part, 180 degrees different from Altaylı's," Birinci added, "I clearly declare my opinion that the arrest measure is inappropriate in the current situation."

Birinci, who objected to Altaylı's arrest, noted the following:

"Article 310 of the Turkish Penal Code (TCK) is clear. For this article to be applied, there must be a 'physical attack.' In this case, TCK 310/2 is not applicable. Under TCK Article 106, the penalty for the crime of threat is imprisonment from 6 months to 2 years. 'Threatening a public official' is not among the qualified forms of the crime. Consequently, since the act allegedly committed by Altaylı is 'not a crime requiring a prison sentence with an upper limit of over 2 years' according to Article 100/4 of the Criminal Procedure Code (CMK), there is a prohibition on arrest. Therefore, without even commenting on whether he committed the crime or not, I clearly declare my opinion that the arrest measure is inappropriate in the current situation."

"IDEAS ARE ANSWERED WITH IDEAS"

Birinci's post is as follows:

"Allow me to elaborate on my perspective on the matter, as an arrest decision has now been issued regarding Fatih Altaylı:

1- My perspective on issues is, for the most part, 180 degrees different from Altaylı's.

2- I am still angry at the 'February 28th' version of Altaylı.

3- I am largely distant from his statements and words. I do not know him personally at all.

4- However, I have full faith that legal actions, especially by legal professionals, should be handled according to what the law and legislation dictate.

5- Just as I say that the arrest of Ekrem İmamoğlu is appropriate, or that it is wrong not to make an arrest in a terror investigation for that reason, I am now commenting as a legal professional that the grounds for Altaylı's arrest are inappropriate. Because when I express a legal interpretation, the name does not matter to me.

6- I can say fifty thousand things politically. And I have said them... I am not someone who stays silent. His 'snitch articles' from February 28th are still in my mind. However, the issue right now is the law.

7- We can defeat these people politically or with ideas; we answer their ideas with ideas. If they have no ideas, we can even mock them. We speak whichever language they understand. There is no problem with these. However, the matter of legal sanctions is different. The judiciary should not be a lever used to narrow the field of political activity."

"ONE MUST UNDERSTAND THE INTERPRETATION WELL"

8- Let us come to a more comprehensive repetition of my legal characterization:

TCK 310 is clear. For this article to be applied, there must be a "physical attack." In this case, TCK 310/2 is not applicable.

Under TCK Article 106, the penalty for the crime of threat is imprisonment from 6 months to 2 years. "Threatening a public official" is not among the qualified forms of the crime.

Consequently, since the act allegedly committed by Altaylı is "not a crime requiring a prison sentence with an upper limit of over 2 years" according to CMK Article 100/4, there is a prohibition on arrest.

Therefore, without even commenting on whether he committed the crime or not, I clearly declare my opinion that the arrest measure is inappropriate in the current situation.

9- It is necessary to understand well that I am able to make the above comment as a legal professional against a person I am angry with in my political identity.

Because I believe that the law is necessary for every segment, for every citizen, regardless of their political view.

Respectfully..."

News Source: 12punto