Three-sentence rejection for Deniz Göktaş detention appeal
Stand-up comedian Deniz Göktaş has been held at Tekirdağ's Çorlu Karatepe 'Kuyu Tipi' Prison since July 3 over his June 24 YouTube show 'Ölü Deniz'
RastinewsAn appeal against the pretrial detention of stand-up comedian Deniz Göktaş has been rejected. Göktaş has been held since July 3 at Karatepe 'Kuyu Tipi' Prison in Tekirdağ's Çorlu district over his show "Ölü Deniz," which he posted to YouTube on June 24.
According to a report by Gökay Başcan for BirGün, Istanbul's 5th Criminal Court of First Instance issued a three-sentence rejection, arguing that "the detention order complies with procedure and the law" and that it saw "no reason requiring a change" to the ruling. The court cited "the nature and character of the offense" and "the current state of the evidence" as grounds for its decision.
He knew about the investigation but returned anyway, then was detained
Göktaş had voluntarily cut short a vacation abroad and returned to Turkey despite knowing an investigation had been opened against him, and was taken into custody at Istanbul Airport on July 2. The comedian was arrested on July 3 on charges of "insulting the president" and "openly inciting the public to hatred and enmity," over a politically satirical show that has drawn more than 13 million views on YouTube.
In their appeal petition, Göktaş's lawyers argued that the ruling failed to cite any concrete, lawful "ground for detention," and that the court had implicitly acknowledged there was no flight risk.
Supreme Court precedents cited
The lawyers noted that the phrase "the negative reaction and sentiment the act generated in society," cited as grounds for detention, has no basis in the Code of Criminal Procedure, and said the ruling had been shaped by manufactured lynching campaigns on social media.
The appeal petition also noted that the investigation had originally been opened under the charge of "insulting religious values," but that the offense had been forcibly recast as "inciting the public to hatred and enmity" solely to secure a detention order.
The petition stated that under the Supreme Court's settled case law, the word "dictator" alone does not constitute the crime of "insulting the president," and that the other remarks in question fall within the bounds of dark humor and freedom of expression.
The lawyers said that the show, staged 198 times over three years, posed no clear and imminent danger of disturbing public order.
The lawyers also objected to Göktaş being paraded in reverse handcuffs and to hair and nail samples being taken from him for reasons unrelated to the investigation, and requested that the detention order be lifted and the comedian released.
Rejected
The lawyers' request was rejected in a three-sentence ruling. Istanbul's 5th Criminal Court of First Instance wrote that "considering that the ruling complies with procedure and the law, that no reason is seen requiring a change to the ruling, and the current state of the evidence, the appeal is rejected as unwarranted."
Şenocak's remarks about Göktaş were deemed 'criticism'
Separately, the judiciary recently classified theologian İhsan Şenocak's remarks about Deniz Göktaş as "criticism and coarse language," ruling them "not threatening" and issuing a non-prosecution decision on a "threat" complaint.
İhsan Şenocak, founder of the Center for Scholarly and Intellectual Research (İHAM), who has repeatedly drawn criticism in the past for his statements on women's rights, secularism and lifestyle issues, had hurled insults at Göktaş in posts on his social media account.
Şenocak used the phrases "foul-mouthed swine" and "foul-mouthed bigot," while saying he was ready to take the stage against Göktaş "at the cost of his life."