In the expert opinion prepared by lawyer Benan Molu, Ağca’s trial is examined in the light of international and European human rights principles

The Punto 24 Platform for Independent Journalism (P24) has prepared an expert opinion on the trial of journalist Baransel Ağca charged with “inciting the people to hatred and enmity” and “denigration” governed by paragraph 3 of article 216 of the Turkish Penal Code (TPC) over a Twitter post on 25 December 2020 that did not feature news content.

In an April 2021 inquiry report prepared concerning Ağca, who is on trial due to a Twitter post on the banning of wine drinking in İstanbul, this post was included alongside four other posts with reporting content concerning Minister of Interior Süleyman Soylu. The indictment only lists the first post.

The expert opinion features a comprehensive examination of whether the charges against Ağca comply with European human rights standards, especially the judgments of the European Court of Human Rights (ECtHR), which govern the right to the freedom of expression and the press and are binding on Turkey. The expert opinion, prepared upon the request of Ağca’s attorney Baran Kaya, was prepared by lawyer Benan Molu, registered with the Bar Association No. 1 of İstanbul, who is an expert on European human rights law and individual applications to the Constitutional Court and the ECtHR.

The expert opinion discusses the principles for the freedom of the press and expression and the crime of denigrating religious values established by the European Convention on Human Rights (ECHR), the ECtHR, Parliamentary Assembly of the Council of Europe (CoE), the Venice Commission, CoE Commissioner for Human Rights, CoE Committee of Ministers and CoE Platform to Promote the Protection of Journalism and Safety of Journalists.

The expert opinion argues that “this judicial intervention which carries the risk of Ağca being sentenced to imprisonment of six months to one year in duration due to a tweet that does not contain any hate speech or encouragement to attacks or violence is not acceptable as a necessary and proportionate intervention in a democratic society.”

According to the expert opinion, the inquiry into Ağca’s social media accounts as part of the “virtual patrol” activities that the Constitutional Court deemed unconstitutional and annulled in February 2020 and the use of these posts to file a court case give rise to concerns over the lawfulness of the trial and the possibility that Ağca may be facing legal ramifications due to his reporting. The expert opinion states: “The present case gives rise to serious concerns that the various interventions that target the use of the freedom of expression and of the press by journalists could violate article 18 of the ECHR in connection with article 10. In fact, as P24 has observed, Ağca has faced numerous investigations, prosecution and threats due to his reporting on the death of Yelda Kaharman [who died under suspicious circumstances] and related allegations of corruption. The trials, among which those described above also feature and which are being monitored by P24, lead to concerns that Ağca is being subjected to judicial harassment to silence or punish him due to his reporting. Indeed, as stated by Ağca’s lawyer, the tweet subject to the trial was added to an eight-page inquiry report prepared on Ağca due to the tweets he posted about the Minister of Interior. An inquiry into the social media posts of Ağca that relies on a regulation that has been annulled gives rise to this concern.”

The next hearing for the trial being held by the İstanbul 43rd Criminal Court of First Instance is scheduled for 17 January 2023.