Following an objection to comedian Deniz Göktaş’s detention, the Istanbul Criminal Court of First Instance ordered his release. However, Göktaş, who was brought before the Istanbul 4th Criminal Judgeship of Peace via SEGBİS, was detained again on charges of “praising the crime and the criminal” before he could leave prison.
It was stated that the new decision was issued because of a joke Göktaş made about the Daltons in his show titled “Dead Sea.” The judgeship cited the “risk of flight and tampering with evidence” as grounds for the detention, while Göktaş maintained that his remarks constituted humorous criticism.
Why it matters
This process raises questions about how and at what stages judicial decisions are implemented, as a new detention order was issued on the basis of a different charge after a release order had been carried out. Whether a joke in Göktaş’s show will be regarded as humorous criticism or as falling within the scope of praising the crime and the criminal has become decisive in terms of the boundary between freedom of expression and criminal law. Relying on the risk of flight and tampering with evidence as grounds for the decision indicates that the detention is linked not only to the content of the remarks made during the show but also to grounds concerning the conduct of the proceedings. However, it remains unclear how the legal grounds for the new detention order issued before he could leave prison after the release order will be assessed.