Turkish prosecutor drops case against theologian, imam over incitement claims

Duvar English

An Istanbul Chief Public Prosecutor's Office ruled that no prosecution was required for Islamic figures Ebubekir Sifil and Imam Halil Konakcı, who had stated that people who did not perform Islamic prayers may be beaten or killed.

The prosecutor's office decided that there was no “basis for prosecution” against Sifil and Konakcı, according to reporting by the daily BirGün. 

Theologian Ebubekir Sifil stated, “If a person deliberately and continuously neglects prayer, they may be punished. They may be summoned, reprimanded, summoned again, warned, summoned again, and beaten. If they persist, they may be killed as a discretionary punishment.”

Halil Konakcı, an imam in Istanbul had posted on his social media account, “There is compulsion in religion. How? There is a legal penalty for not praying. It may not be enforced now, but there is a penalty for not fasting—beating. So, there is compulsion.”

Lawyers from the communist People’s Liberation Party (HKP) filed a criminal complaint against the religious figures for “openly inciting hatred and hostility.”

The ensuing investigation concluded with the decision not to pursue charges against Sifil and Konakcı.

In the decision, the prosecutor’s office stated that the speech in question was transcribed in full by an expert, who understood that Konakcı’s June 2023 speech was referencing a novel by author Laurie Penny. “(Konakcı) expressed his opinions based on his beliefs, and attempted to explain the concept of modesty within Islamic rules, without intending to target, provoke, or insult any group,” ruled the prosecutor. 

The prosecutor’s decision concluded that the material and moral elements listed in Article 216 of the Turkish Penal Code were not present, and thus no prosecution was pursued against the suspects.