Expression Interrupted

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.

File referred to prosecutor's office for final opinion to be drafted in "expert S.B." case

File referred to prosecutor's office for final opinion to be drafted in

The trial of journalists Barış Pehlivan, Suat Toktaş, Seda Selek, Kürşad Oğuz and Serhan Asker has been adjourned until 20 November 2026

TANSU PİŞKİN, ISTANBUL

The sixth hearing in the trial of journalists Barış Pehlivan, Suat Toktaş, Seda Selek, Kürşad Oğuz and Serhan Asker, who are facing charges of “broadcasting recorded conversations via the press” and “recording private conversations between individuals” in connection with a report aired on Halk TV regarding the expert witness S.B., a matter raised by the imprisoned Istanbul Mayor Ekrem İmamoğlu, was held at the Istanbul 54th Criminal Court on 12 June 2026.

The defendants did not attend the hearing, which was monitored by P24, though their lawyers were present.

Speaking at the hearing, Beliz Özkan, the lawyer for Kürşad Oğuz, requested that her client be heard again in court to resolve the contradictions in the case file.

The court rejected this request on the grounds that it would “not add anything new to the case file.”

Buse Şahin, the lawyer for Seda Selek, stated that her client was being tried as a defendant due to her role as moderator of the program broadcast at the time in question, and requested Selek’s acquittal on the grounds that the elements and characteristics of the impugned crime had not been established.

Özge Naz Akkaya, the lawyer for Barış Pehlivan, also requested her client’s acquittal on the grounds that the material and moral elements of the impugned crime had not been established, whilst Serhat Çetin, the lawyer for Suat Toktaş, stated that they were reiterating the defenses presented at previous hearings.

The trial prosecutor requested that the case file be handed over to the parties so that they could either submit requests for further investigation, if any, or present their final opinion on the case.

The court, having decided to send the file to the trial prosecutor, ruled that the opinion on the case should be served on the defendants and their defense counsel so that they could present their defenses against the opinion, should the opinion be submitted between hearings. The case was adjourned until 20 November 2026.

Regarding the case

Istanbul Metropolitan Municipality (İBB) Mayor Ekrem İmamoğlu stated at a press conference held on 27 January 2025 that the expert witness in certain investigations concerning the municipalities of Beşiktaş and Esenyurt, as well as himself, was Satılmış Büyükcanayakın. Journalist Barış Pehlivan was initially detained on the grounds that a recording of a telephone conversation with the expert witness, whose name İmamoğlu had disclosed, had been broadcast on Halk TV. Subsequently, Halk TV Editor-in-Chief Suat Toktaş, Halk TV Coordinator Kürşad Oğuz, Halk TV presenter Seda Selek and Halk TV Managing Director Serhan Asker were detained. Whilst the four journalists were released, a decision was made to remand Suat Toktaş in custody. Following the completion of the investigation, an indictment was prepared and it was decided that the first hearing would take place on 4 March 2025.

Journalists Barış Pehlivan and Kürşad Oğuz face charges of “recording private conversations between individuals”, “influencing a judicial officer”, and “broadcasting the recorded conversations via the press or media”, and Suat Toktaş, Seda Selek and Serhan Asker were charged with “publishing the recorded conversations through the press or media” and “influencing a judicial officer”. At the first hearing of the case on 4 March 2025, the court ordered the release of journalist Toktaş, who had been in custody since 30 January.

The court acquitted all defendants of the charge of “influencing a judicial officer”, but regarding the charge of “eavesdropping on and recording private conversations between individuals”, it ruled that the case file should be referred to the mediation office as the mediation procedure required for the case had not been completed. The court also ruled that the travel ban on all defendants should remain in force.

At the hearing on 14 January 2026, the travel ban on the defendants was lifted, and a decision was made to have the expert witness, who was listed as a complainant in the case, brought before the court by force.

At the hearing on 13 February, it emerged that the expert witness, who was listed as a complainant in the case, had submitted a petition to the court between sessions; it was learned that the expert’s request, in which he stated that he “wished to make a statement immediately”, had been accepted and an interim hearing had been convened, and it came to light that the defendants and their lawyers had not been informed of this hearing.

In his statements during the interim hearing, the expert witness stated: “I was unaware that he had recorded me; I certainly did not consent to being recorded; subsequently, a friend of mine called to tell me that my voice recordings had been published on social media.” The defence lawyers, arguing that holding an interim hearing without notifying them violated the right to a fair trial, had filed a motion to recuse the judge; however, the court had rejected this motion.

Background of the case

At a press conference held on 27 January 2025, Istanbul Metropolitan Mayor Ekrem İmamoğlu stated that S.B. was the expert in certain investigations concerning Beşiktaş, Esenyurt municipalities, and himself. Journalist Barış Pehlivan was initially detained on the grounds that a recording of a phone conversation with the expert named by İmamoğlu was broadcast on Halk TV. Subsequently, Halk TV Editor-in-Chief Suat Toktaş, Halk TV Coordinator Kürşad Oğuz, Halk TV presenter Seda Selek, and Halk TV Managing Director Serhan Asker were also detained. While the four journalists were released, Suat Toktaş was placed in pre-trial detention. Upon completion of the investigation, an indictment was filed, and the first hearing was scheduled for 4 March 2025.

Journalists Barış Pehlivan and Kürşad Oğuz were charged with “recording private conversations between individuals,” “influencing a person performing judicial duties,” and “publishing the recorded conversations in the press” while Suat Toktaş, Seda Selek, and Serhan Asker were charged with “publishing the recorded conversations in the press and media” and “influencing a judicial officer.”

At the end of the first hearing, the court decided to release journalist Toktaş, who had been detained since 30 January 2025.

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