Controversy over handcuffing Deniz Göktaş from behind: Images of coercion in detention

Comedian Deniz Göktaş, who had an investigation launched against him after his stand-up show titled ‘Ölü Deniz’ in Istanbul, was taken into custody at Istanbul Airport upon his return from abroad. After excerpts from the video recorded during Göktaş’s show were shared on social media, an investigation had been initiated regarding the accusations of insulting the President and inciting or humiliating the public to hatred and enmity. The fact that the person was handcuffed from behind while being transported to the police station during the police operation and that these moments were filmed caused a huge public outcry. In the photos reflected to the press during the ongoing proceedings at the Police Center on Vatan Caddesi, it was clearly seen that the comedian was being held in handcuffs from behind. This situation went down in history as a development that increased the dose of reactions coming from both social media users and political circles.

The judicial process against Göktaş has been expanded to include the accusation of “publicly humiliating the religious values adopted by a section of the people”. The method applied by the law enforcement officers during the detention, and especially the use of handcuffs from behind, brought along discussions on whether legal boundaries were pushed. It was shared that after Göktaş’s statement is taken and necessary judicial procedures are completed, he will be referred for trials. Within the scope of the investigation conducted by the prosecutor's office regarding the issue, the suspect is expected to be brought to the courthouse and appear before a judge tomorrow. After the incident found its place in the magazine and agenda press, people from different sections of society started a new debate about the boundaries of freedom of expression and hate crimes.

Thousands of posts were made on social media platforms regarding the incident, and discussions intensified under tags such as #DenizGöktaşTutuklansın or #SanataDokunulmaz. The detention process, which began with Göktaş realizing the situation at the airport and police officers approaching him, was reflected on cameras second by second. It was stated that the police teams established the operation not only on the basis of complaints but also in line with the accusations within the scope of the investigation. However, the scene of handcuffing from behind in the visual media led to the questioning of police courtesy and the discussion of the legal dimension of detention conditions. The artistic community and the comedian’s colleagues also made statements and announcements regarding the issue, exhibiting supportive or critical attitudes.

It was stated that the accusation of “insulting the President” among the charges against him is a special provision in the Turkish Penal Code and that such files are examined meticulously. On the other hand, the fact that the accusation of “inciting the public to hatred and enmity” is a broadly interpretable provision caused different views among legal scholars. The prosecutor's office is putting on the table whether the alleged words uttered by Göktaş in his stand-up show constitute these elements of crime. The comedian is expected to defend these words within the framework of a sense of humor in his statement and state that there is no criminal intent. This case, which is also closely followed in the courthouse corridors, is evaluated as a case that could set a precedent in terms of Turkish judicial history and freedom of expression struggles.

Following the developments, some journalists and citizens gathered in front of the detention center reacted to the application of the police teams. In the published photos, not only Göktaş’s physical posture but also the stress and anxiety brought by the upcoming judicial process could be read from his facial expression. The operation at Istanbul Airport was etched in memories as a concrete example of what an artist might face just because of their words. It is discussed that the artist's lawyers may object to the police's handcuffing method and detention conditions and add the issue to the current investigation file. In the coming days, the course of the process will become clear in line with the evidence to be presented by the prosecution and the opinions to be brought by the defense side.