Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.
If Okatan accepts the court’s proposal in 10 days, her trial for “making propaganda for a terrorist organization” will be dismissed
ALTAN SANCAR, ANKARA
The third hearing in the trial where journalist Derya Okatan is charged with “making propaganda for a terrorist organization” over a series of social media posts shared on Etkin News Agency’s (ETHA) accounts at a time when she was the responsible managing editor of the agency was held on 21 April 2022 at the Ankara 4th High Criminal Court.
Announcing its interim decision at the end of the hearing, the court offered Okatan the “advance payment” procedure pursuant to Article 75 of the Turkish Penal Code (TCK), which would see the journalist pay TL 25,025 to cover a judicial fine and costs. According to the court’s proposal, should Okatan consent, the journalist will be required to pay TL 25,000 in respect of a judicial fine commuted from a 1250-day penalty of imprisonment that would be presumably handed down on her as per Article 7/2 of the Anti-Terror Law (TMK), which criminalizes “making propaganda for a terrorist organization,” at the end of the trial if she would be convicted, and TL 25 in respect of costs and expenses. In the event that Okatan accepts the court’s proposal within 10 days after being notified by the judge, the amount determined can be paid in three installments at monthly intervals.
If Okatan accepts the court’s proposal, the case against her will be dropped. If not, the trial will continue as usual and the next hearing will take place on 22 September 2022.
“The social media posts fall within press freedom”
P24 monitored the hearing, which started after approximately a 3-hour delay. Okatan and her lawyer Nuray Özdoğan were in attendance.
Reiterating their opinion on the case, submitted to the court at the previous hearing, at the outset of the hearing, the prosecutor argued that Okatan used the agency’s Twitter account when she was the responsible managing editor of the agency. Stating that the photos showing the armed members of the banned Kurdistan Workers’ Party (PKK) and the Marxist-Leninist Communist Party (MLKP) and footage depicting the groups’ insignia were discovered when police searched her house, the prosecutor went on to list a number of posts shared in 2018 on ETHA’s Twitter and Facebook accounts. The prosecutor argued that it had been proven that Okatan had successively made propaganda for the PKK and the MLKP, and asked the court to punish the journalist, seeking a sentence above the minimum prison term prescribed by Article 7/2 of the TMK.
The accusations against Okatan stem from the social media posts shared on ETHA’s Twitter and Facebook accounts during the Turkish Armed Forces’ (TSK) “Operation Olive Branch” in the Syrian city of Afrin in 2018. The posts at issue include the-then latest developments from the joint operation of TSK and Free Syrian Army in Afrin, as well as news reports and statements from the conflict zone.
In her defense statement in response to the prosecutor’s opinion, Okatan stressed that even though she was the responsible managing editor of ETHA, she was not in charge of the posts shared on the agency’s social media accounts. Asserting that standing trial for posts she did not share was contrary to the principle of individuality of criminal responsibility, Okatan said that the posts at issue included news reports and should therefore be considered within the scope press freedom.
Okatan’s lawyer Nuray Özdoğan addressed the court next, and argued that it was not proven that Okatan had shared the social media posts in question, which included news reports. Özdoğan stated that Okatan was prosecuted not for the news reports published by ETHA, but due to the agency’s social media posts, even though her position as the responsible managing editor of the agency did not cover social media activity. Özdoğan also noted that the law enforcement emphasized in their report that those who shared the posts should be identified by their IP numbers.
Özdoğan stated that journalistic work was carried out on behalf of the public, and that the trials against journalists due to their news reports created a chilling effect. She also asserted that the prosecution failed to obtain any evidence from the digital material confiscated at her client’s house, and establish a connection between her client and the alleged crime. The lawyer said that evidence integrity was compromised in the case, further alleging that the laptop submitted to her by the property and evidence unit was broken.
When asked for her final remarks prior to the interim decision, Okatan stated that she was a journalist and demanded her acquittal.
Okatan’s trial is based on an investigation launched in 2019 by the Ankara Chief Public Prosecutor’s Office. Previously, the Ankara 4th High Criminal Court asked the İstanbul 29th High Criminal Court whether they would assent to merging the case files against Okatan, since the journalist was also on trial on a similar charge at the latter. The İstanbul 29th High Criminal Court did not assent to the request. Okatan was subsequently acquitted of all charges in the trial overseen by the İstanbul court.