Sentences given to five journalists over news coverage and social media posts about a Turkish intelligence officer killed in Libya were upheld by a regional court of appeals on 28 January

Journalists Barış Pehlivan, Murat Ağırel and Hülya Kılınç were arrested and sent to prison on 15 February 2022 following the finalization of the sentences they were given in 2020 for their reports and social media posts about the funeral of a National Intelligence Organization (MİT) operative who was killed in Libya.

Pehlivan and Ağırel, who were sent to the Silivri Prison in Istanbul, were released under probation later on Tuesday while Kılınç, who was sent to the Manisa E Type Closed Prison, spent the night behind bars before being freed under probation the next day.

Pehlivan, Ağırel and Kılınç’s brief arrests were based on a recent judgment by the 3rd Criminal Chamber of the Istanbul Regional Court of Justice, which upheld and finalized the sentences and acquittal decisions rendered by the trial court in September 2020. In its 28 January 2022 judgment, the appellate court held that the Istanbul 34th High Criminal Court’s judgment was “in conformity with procedural and substantive law” and that “the penalties were imposed in accordance with the law.”

Journalists Barış Pehlivan, Barış Terkoğlu, Hülya Kılınç, Ferhat Çelik, Aydın Keser and Murat Ağırel were jailed pending trial in March 2020 for allegedly violating Article 27 of the MİT Law through news coverage and social media posts about the funeral of the intelligence officer who was killed in Libya.

The indictment issued by the Istanbul Chief Public Prosecutor’s Office charged all six -- as well as Akhisar Municipality press officer Eren Ekinci, who allegedly shared photos from the intelligence officer’s funeral with Kılınç, and self-exiled journalist Erk Acarer -- with “Disclosure of information that must be kept confidential for reasons relating to the security, or domestic or foreign political interests of the State” (TCK 329/1) and “Disclosing the contents of documents and information concerning intelligence operations” (Article 27 of MİT Law).

At the first hearing of the case, held on 24 June 2020, the court released Terkoğlu, Çelik and Keser pending trial. All three were banned from traveling abroad.

The second and final hearing of the case was held on 9 September 2020. Terkoğlu and Ekinci were acquitted of all charges while Kılınç and Pehlivan were sentenced to 3 years and 9 months and Çelik, Keser and Ağırel were each sentenced to 4 years, 8 months and 7 days in prison for “Disclosing the contents of documents and information concerning intelligence operations” (Article 27 of MİT Law). All defendants except Acarer were acquitted of the charge under TCK 329. Kılınç, Pehlivan and Ağırel were released pending appeal based on the time they spent in pre-trial detention. The file against Acarer was separated.