Sentenced for Comment at a Barber Shop

Businessman Ahmet Akyüz from Antalya was convicted because of having criticized the Constitutional Court's decision on the closure case of the ruling Justice and Development Party (AKP). Akyüz had commented the decision at the barber shop. A prosecutor who overheard the conversation filed a criminal complaint against the business man.

Akyüz said at the "Her şey" ('Everything') program hosted by Mirgün Cabas on the Turkish news channel NTV that he was convicted despite the fact that the two witnesses presented by the complaining prosecutor had stated that they "had not heard any insult" and that "he did not insult anybody". The Antalya 2^nd Magistrate Court handed down a 442-day prison sentence to Akyüz, he told Cabas.

"The sentence for "insult of a public official" was converted into a monetary fine of TL 8,840 (€ 4,420) and suspended for a probation period of five years", Akyüz explained. "My future has been taken under a mortgage. The other day shop owners in Malatya argued with the municipal police. I left the scene because I was afraid to be implicated in the issue", he described his unease.

Akyüz commented a news report on television which he had watched at a barber shop on 30 July 2008. Public Prosecutor Ümit Yaşar Özdemir, who was sitting next to the businessman, criticized him for what he said.

Akyüz is running a food whole sale business in Malatya (south-eastern Turkey). Regarding the decision of the Constitutional Court, he had said, "Eleven individuals were going to destroy the near economical future. We made a narrow escape". However, Özdemir apparently understood "dishonourable" ('şerefsiz') instead of "individual" ('şahıs') which lead to a heated discussion.

After having been scathed, Akyüz asked Özdemir, "Who are you, Sir?" Özdemir replied, "I am a Public Prosecutor and you are going to apologize to me. You called the member of the state's Constitutional Court dishonourable".

Özdemir alleged Akyüz of insult and reported him to the Antalya Public Prosecution on Duty because the businessman had refused to apologize.

"All sorts of topics are being discussed in barber shops"

"He said, 'You insulted the members of the Constitutional Court, you will apologize'. I pointed out that I did not insult anybody and said, "Everybody is doing their job". The prosecutor claimed that I called the members 'dishonourable'. 'Dishonourable' and 'person' was actually not the point anymore at this stage. You can come to a point where your business goes down within six months; purchase and sales stopped; that is a bad situation when you deal with trade. I talked with this kind of feelings. Barber shops are places where any sort of topic is being discussed [...]" Akyüz said.

"Prosecutor are calling the shots"

"It was always said in the past that the police applied injustice. Now they took the authority out of the hands of the police and made them the choirboys; the prosecutors are calling the shots. A judge probably looks at the evidence when he gives a decision. If it had been like that, I should have been acquitted but I was convicted [...]". (EÖ/VK)