Appeals court overturns fashion designer's sentence for 'insulting Erdoğan with Gollum photo'
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The 2nd Penal Chamber of the Istanbul Regional Court of Justice has overturned a prison sentence for Barbaros Şansal. In the previous sentence, Şansal was convicted to one year and two months in prison for retweeting a photo comparing President Erdoğan to Lord Of The Rings character Gollum.
The regional court has overturned the decision for Şansal as there are pending case files about the defendant for the same crime.
The pictures used by the TV host and LGBT activist were previously part of highly publicized cases such as those of Rifat Çetin and Doctor Bilgin Çiftçi, who posted several pictures of Gollum and President Erdoğan next to each other in similar poses.
Çiftçi was eventually acquitted of publicly denigrating" Türkiye's President in April 2017. Peter Jackson, the director of the Lord of the Rings trilogy and its prequel The Hobbit, even commented on the case and claimed the character depicted was Smeagol, the "good" part of Gollum's personality.
"There is no insulting content here"
The charges against Şansal in the indictment included references to the prior cases.
However, Şansal defended himself by referring to similar comments such as those by Peter Jackson.
"A couple of days before tweeting, I heard in a court's verdict that Gollum is a helpful and good character. Thereupon I felt the urge to retweet the tweet in question. There is no insulting content here, either. In reality, Gollum is a good and helpful character. I do not accept the accusations," Şansal said.
In its decision on December 23, 2021, the Istanbul 18th Criminal Court did not take Şansal defense into account and sentenced the fashion designer to 1 year and 2 months in prison in accordance with Article 299/2 of Türkiye's penal code, namely "Insulting the President".
Furthermore, the court at the time ruled that there was no room to apply for the reduction of his sentence due to Şansal's criminal track record and "no positive opinion that the accused will not commit a crime again due to his criminal personality." As Şansal was convicted previously with similar charges at the Istanbul 43rd Criminal Court.
"Repeated trials with the same charge"
President Erdoğan's lawyer objected to the court's decision and demanded an increased sentence. "The defendant used the statements in his posts to humiliate my client before society. For this reason, considering the actions of the defendant who offended my client's honor, dignity, and prestige, an appeal was made to make the necessary increase in accordance with the chain of criminal provisions."
The flamboyant fashion designer is known for his outspokenness and has been convicted and detained multiple times. In 2017 Şansal was deported from northern Cyprus after 'inciting the public to hatred or hostility' when on January 1 he shared a video on social media where he exclaimed, "Carry on your celebration in disgrace, misery, and dirt. Drown in your shit, Türkiye." When arriving in İstanbul after his extradition, he was attacked by baggage handlers at the now-closed Atatürk Airport.
On December 6, 2022, the 2nd Penal Chamber of the Istanbul Regional Court of Justice ruled in the Gollum case that there was a "repeated trial with the same charge" and overturned the sentence.
"Since it is understood that there are pending case files with the same charges for the defendant, while it is necessary to determine whether or not a legal deduction is necessary and to prevent repeated trial and punishment, to evaluate the evidence together, and to give a merger decision if necessary and possible, it is not lawful to continue the trial and announce a judgment as a result of incomplete investigation..." the regional court stated.
The file was sent to the court for re-examination. (AS/WM/PE)