Mustafa Varank filed a complaint, but the court's decision remained unchanged

The acquittal verdict issued by the court of first instance in the trial of journalist İsmail Arı has been upheld at the appellate stage. In its decision dated February 11, the Istanbul Regional Court of Justice stated that there was no procedural or substantive illegality in the acquittal decision rendered by the Istanbul 2nd Criminal Court of First Instance. The court unanimously rejected the appeal on its merits.

THE CASE WAS FILED DUE TO A NEWS REPORT

The case in question was based on Arı's report titled "Varank's 'cousin' snatched the land with a sea view!" published in BirGün newspaper on November 18, 2022. At the time the report was published, Mustafa Varank was serving as the Minister of Industry and Technology.

THE CHARGE: INSULTING A PUBLIC OFFICIAL

Following Mustafa Varank's complaint, a lawsuit was filed against İsmail Arı on charges of "publicly insulting a public official due to their duty" under Article 125 of the Turkish Penal Code.

THE PROSECUTOR HAD DEMANDED A SENTENCE

In the final hearing held on November 28, the prosecutor argued that the headline and content of the report created a perception in the public that an irregular tender had been conducted. The prosecutor claimed that the report created the impression that there was misconduct and bid-rigging, and therefore argued that the limits of press freedom had been exceeded, requesting that Arı be punished.

In his defense, İsmail Arı's lawyer, Ali Deniz Ceylan, stated that the report was based on data from the Public Disclosure Platform (KAP). Ceylan argued that the legal elements of the crime were not met in the indictment and requested an acquittal.

The Istanbul 2nd Criminal Court of First Instance ruled for the acquittal of İsmail Arı on the grounds that the alleged act was not defined as a crime in the law.

The acquittal decision was appealed by Varank's lawyer and the public prosecutor. In its review of the file, the Istanbul Regional Court of Justice emphasized that there were no deficiencies in the evidence or the trial process, and that the assessment of proof was appropriate. The court rejected the appeal on its merits in accordance with Article 280/1-a of the Criminal Procedure Code.

BÜYÜKSİPAHİ WAS ALSO TRIED

Mustafa Büyüksipahi, Editor-in-Chief of 12punto.com.tr, was also tried within the scope of the same case. 

News Source: 12punto