No release decision for Fatih Altaylı: 4 years and 2 months in prison

Journalist Fatih Altaylı, who was detained on charges of threatening the President after being targeted by Oktay Saral, chief advisor to AKP Chairman and President Recep Tayyip Erdoğan, has been held in Silivri Prison since June 22.

Fatih Altaylı, who faced a potential prison sentence of no less than 5 years, appeared in court for the second time today.

The second hearing of the case, held at the Istanbul 26th High Criminal Court, took place in the courtroom at Silivri Prison.

A DECISION MAY BE REACHED TODAY

Following the prosecutor's presentation of the final opinion on the merits, Altaylı's defense was concluded. It is stated that the court is expected to announce its verdict in the same session.

THE FIRST HEARING WAS HELD ON OCTOBER 3

Altaylı appeared in court for the first time on October 3. In the first hearing, the prosecutor had requested that Altaylı remain in custody.

The court ruled for the continuation of his detention on the grounds of flight risk and that the detention was "proportionate," and decided to send the file to the prosecutor for the final opinion on the merits. The hearing was therefore adjourned until November 26.

MANY FIGURES CAME TO SUPPORT ALTAYLI

The second hearing of the case began as of 10:50 AM. Celal Şengör, İlber Ortaylı, Murat Bardakçı, his friends from Galatasaray High School, CHP Eskişehir Deputy Utku Çakırözer, CHP Diyarbakır Deputy Sezgin Tanrıkulu, and IYI Party Deputy Lütfü Türkkan were in Silivri to support Fatih Altaylı.

PROSECUTION REQUESTED SENTENCING AND CONTINUED DETENTION

The prosecution reiterated its final opinion on the merits submitted between sessions, requesting that Fatih Altaylı be sentenced to no less than 5 years in prison for the crime of "threatening the President" and that his detention continue.

ALTAYLI PRESENTED HIS DEFENSE

According to Cumhuriyet, Fatih Altaylı began his remarks by saying, "Welcome to Silivri."

Presenting his defense, Altaylı stated the following:

"First of all, I would like to thank the panel. You provided the opinion 23 days before the hearing, giving me some opportunity to review it. The prosecutor has added cases similar to the accusations of physical attacks on the President. They resemble my case, but none of them are the same. People who have openly threatened the President have either been acquitted or released with reduced sentences. Even without legal precedents, it is hardly possible for my YouTube broadcast to cause fear or discomfort to the President."

HE REQUESTED ACQUITTAL

"There are 4,000-5,000 police officers working in the President's protection department. I asked my journalist friends to check if there had been any disruption or change in the President's schedule after my broadcast. There is no such situation," said Altaylı, adding, "Why would the President be afraid of me? I am not a member of an organization, I am nothing. I have never resorted to violence... The President is not someone who gets scared. I think an injustice is being done here to both me and the President. Being before you with such an accusation seems very absurd and unnecessary. I request my acquittal."

CITED OTHER CASES AS PRECEDENT

Stating that he did not commit the crime, Altaylı cited other cases opened on the allegation of "threatening the President" as precedents, saying, "One case is the Urla Case. It was a case opened after the coup attempt. Even in the FETÖ uprising, most of the defendants were acquitted of the charge of 'threatening the President'."

LAWYER TEKER: THERE IS ONLY ONE PIECE OF EVIDENCE IN THE FILE, AND THAT IS THE YOUTUBE BROADCAST

Lawyer Ömer Teker stated the following in his defense:

"My client has been in custody for 155 days. No other evidence has been added to the file beyond what has been presented so far. There is already only one piece of evidence in the file. There is only one piece of evidence in the file, and that is the YouTube broadcast. There is no crime with established material elements. The claim that the President might have been afraid because of my client's words is absurd. I request my client's acquittal."

Teker said, "It is not possible for the crime of threatening the President to be among the catalog crimes. Our indictment is built on a doctrine."

"JULY 15" CASE REMINDER

Lawyer Emine Rezzan Aydınoğlu reminded that even after July 15, 120 people who were there were acquitted of the charge of attempting to assassinate the President, stating that this should be taken into account.

Stating that her client only gave a historical example, Aydınoğlu expressed that it is not possible to make a criminal accusation based on this example.

Emphasizing that the Court of Cassation did not find requests for participation in similar files appropriate, Aydınoğlu requested that her client be acquitted.

LAWYER ASLAN: WHAT DOES THIS HAVE TO DO WITH THIS FILE?

Lawyer Metin Sinan Aslan said that it is impossible for even a person of average intelligence to understand how one person could carry out a physical attack on another person with only words.

Emphasizing that an act is necessary for this crime to occur, Aslan stated that there is no such act in the file.

Reminding that the article in question has not changed for 99 years, Aslan stated that there has been no Court of Cassation decision during this time stating that this crime can be committed with words.

Stating that the prosecution presented the files of the pilots who attacked the Presidency with planes on July 15 as a precedent, Aslan criticized this by saying, "What does this have to do with this file? What does the prosecution hope to achieve by presenting this?"

COURT TOOK A RECESS FOR THE VERDICT

Fatih Altaylı was asked for his final words. Altaylı said, "I fully agree with the statements of my lawyers and I request my acquittal."

The court took a half-hour 'recess for the verdict'.

COURT ANNOUNCED THE VERDICT

Fatih Altaylı was sentenced to 4 years and 2 months in prison. Altaylı threw the file and notes in his hand into the air and left the courtroom. It was learned that Altaylı will continue to be tried while in custody. It was stated that he has 2 years and 8 months left to serve and that the time he has spent in custody will be taken into account.