I believed that the 3rd Penal Chamber of the Supreme Court of Appeals, which has signed some decisions that will go down proudly in our legal history in recent years, would completely overturn the convictions of the Istanbul 37th High Criminal Court on 6 September 2019 against CHP Istanbul Provincial Chair Canan Kaftancıoğlu.
This was my expectation, and the law required it, because no matter what criminal posts Mr. Kaftancıoğlu made, no investigation was opened on time. Ignored or ignored. In fact, if a crime was suspected, an investigation would definitely be opened. Because we know how social media posts are closely followed and unjustified lawsuits are filed.
But when Kaftancıoğlu became the CHP Provincial Chairman, it was seen that the posts he made 6-7 years ago were deemed to be a crime and he became the subject of a lawsuit.
It is a process that cannot be explained anywhere in the world.
That’s why I was waiting for the Court of Appeals to return the convictions given by the Istanbul 37th High Criminal Court, even if the Court of Appeal upholds it.
I really believed this, but unfortunately, the 3rd Penal Chamber of the Supreme Court of Appeals upheld the prison sentence of 4 years 11 months and 20 days in total for Canan Kaftancıoğlu for three separate crimes, and overturned the prison sentences given for 2 crimes.
The chamber upheld the 2 years and 4 months prison sentence given to Kaftancıoğlu by the local court for insulting the President as 1 year and 9 months.
The question is: Is this decision of the 3rd Penal Chamber of the Supreme Court legal or political?
Hamdi Yaver Aktan, Honorary President of the 18th Penal Chamber of the Supreme Court of Appeals, said that Kaftancıoğlu should be fined, not jailed, for “insulting a public official”. says:
“The first penalty to be imposed is a fine. Why was the fine not given, why was the prison sentence given, and why was the sentence increased? These issues had to be justified. I see the decision incomplete in this aspect. In my opinion, the decision should have been reversed in this respect.” (May 14, Republic)
Yes, the Chamber should have overturned the local court’s prison sentence for “insulting a public official”, but it did not. In a normal state of law, would the Supreme Court make such a decision about such a file?
What will happen now?
History no longer matters. It is almost as if the concept of “time” is being erased in criminal law. The law can work backwards. Tomorrow, in a change of power or in every conjuncture change, an investigation can be opened about the past posts. Old notebooks will be mixed up whenever anyone wants to.
A social media post that is ignored when done as an ordinary citizen can become a punishment tool when and when the time comes.
One of our country’s respected criminal lawyers, Prof. Dr. Our teacher İzzet Özgenç will be on Fikir TV on April 19, 2020 “In our country, there is a rapid process of breaking the law” he said.
Do you see how the determination made by our teacher Özgenç 2 years ago became flesh and bone?
Well, why did the 3rd Penal Chamber of the Supreme Court of Appeals sign such a decision, which has made people say “there are judges in our country” with its legal decisions in some critical cases in recent years?
There is pressure on the local courts by the HSK. The HSK exiles the judges who make the decisions that the government is not satisfied with to other provinces overnight, takes them out of the case, starts an investigation against them… It rewards and promotes the judges who make decisions that satisfy the government.
HSK can do these because judges in our country “geographical guarantee”I don’t.
But the Supreme Court judges cannot be pressured by the HSK, because the HSK has no authority over the higher judges.
Nevertheless, it is regrettable in the name of the law that the 3rd Penal Chamber of the Supreme Court of Appeals approved the conviction of the local court after making corrections about Kaftancıoğlu.
And I would like to express that, just as the election of the Istanbul Chief Public Prosecutor to the Constitutional Court by the votes of the members of the Supreme Court, without looking at a single file at the Court of Cassation, will pass in our legal history with regret and anxiety, so will the Kaftancıoğlu decision.
Let’s get to the other side of the coin.
After the Supreme Court upheld the convictions of Kaftancıoğlu, a kind of “defense statement” made by AK Party Spokesperson Ömer Çelik was the type that they had to account for for themselves.
The words of Çelik, who held a press conference after the MKYK meeting, deserve to be emphasized:
“Neither I know the contents of this file, nor the politicians of the CHP. As soon as the decision was published, they kept it from social media and tried to blame our President and government. This has turned into a custom. Whenever a judicial decision comes out, they immediately turn it into a target to target our President, to target the AK Party, and to target the People’s Alliance. They label us, our President, as the will behind the decision of the judiciary on every issue. After that, they expect us to take a stance by putting ourselves in the shoes of the judiciary.”
First of all, it is useful to say this: CHP politicians, AK Party politicians and MHP politicians know very well what the Kaftancıoğlu file is. Not only politicians, but everyone who understands the law in our country does not.
Isn’t it obvious that social media posts that were not the subject of a lawsuit eight years ago are the subject of lawsuits after the loss of the 2019 Istanbul elections? What prompted the prosecutors who did not make a case 6-7 years ago?
Why did Kaftancıoğlu’s posts, which did not attract the attention of the ruling media 6-7 years ago, attracted attention after the 2019 elections?
The workload of the judiciary was high, but did it come to Kaftancıoğlu’s posts?
I wish one of the journalists there “But do you think that your government, the President and your partner in power also contributed to the formation of such a perception in our country?” if he could ask, if he could ask…
It would be nice if Mr. Çelik could give an answer to all these… How did the judiciary become so politicized like never before in our history? Why does the HSK always exile judges who make decisions that the government is not satisfied with? Why do judges always change in cases followed by the government?
Why can’t Osman Kavala get out of prison and see the light of day?
Mr. Çelik should tell all these things one by one so that he does not implicate the government in the society.