Diyarbakır Bar Association statement on Deniz Göktaş: Criminal measures should not turn into a tool of intimidation
The Bar Association criticized the detention and the sharing of footage in the process regarding comedian Deniz Göktaş in terms of freedom of expression and the principle of the rule of law.
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The Diyarbakır Bar Association has issued a statement regarding the legal process initiated against comedian Deniz Göktaş due to his stand-up performance. The Bar Association emphasized that, given that Göktaş returned to Turkey of his own volition despite being aware of the investigation, the resort to detention measures under these circumstances is questionable in terms of the principles of "proportionality" and "last resort."
The statement also criticized the fact that Göktaş was filmed in handcuffs behind his back at the police station and that these images were leaked to the public. The Bar Association argued that this practice constitutes degrading treatment targeting personal dignity.
The Diyarbakır Bar Association stated that the sharing of detention footage turns the judicial process into a mechanism of public shaming, noting that declaring a person guilty in the eyes of the public without a judicial verdict is incompatible with the principle of the rule of law.
The statement noted that freedom of expression protects not only generally accepted ideas but also expressions that criticize, disturb, or shock political power and public authorities. The Bar Association stated that political satire and humor are part of Deniz Göktaş's profession and that those who exercise public power must endure a wider scope of criticism.
A warning was issued that subjecting humorous expressions that do not incite violence or contain hate speech to criminal investigation would lead to the use of criminal law as a tool of pressure and intimidation over freedom of expression.
As the Diyarbakır Bar Association, we declare that we stand against any practice that violates freedom of expression, the right to personal liberty and security, and the prohibition of torture and ill-treatment, and that creates a chilling effect on these rights. We invite the competent authorities to put an end to practices that disproportionately restrict these rights and to immediately abandon unlawful practices that turn criminal procedure measures into tools of punishment and intimidation.