Deniz Göktaş has been held in a high-security prison since 3 July over a stand-up show. Sixty days on, no indictment has been filed.

On Friday 28 August a court ordered his release on both charges against him. Before the release order reached the prison, he was arrested on a third charge — praising crime and criminals — over material in the same performance. On 31 August, after prosecutors objected, the court reinstated the original two.

He is now detained on three counts arising from one comedy show. One of them is insulting the President, under Article 299 of the Turkish Penal Code.

He was detained at Istanbul Airport on his return to Turkey. Footage seen publicly showed him restrained with his hands cuffed behind his back. He is held at Karatepe prison in Çorlu, a high-security facility.

In Vedat Şorli v. Türkiye, judgment of 19 October 2021, the European Court of Human Rights held that Article 299 is incompatible with freedom of expression, and that bringing the provision into line with Article 10 ECHR was the appropriate remedy. Five years later, Turkey has neither repealed nor amended it, and prosecutions continue.

A release order that is neutralised the moment it issues is not judicial review. It is detention by other means.