Court abides by the Supreme Court of Appeals judgment to overturn convictions in Gezi defendants’ retrial; journalist Sıddık Güler released; Neşe İdil sentenced; Furkan Karabay faces new investigations, one court case; RTÜK fines 5 TV channels; prosecution requests conviction for Barış Terkoğlu and Ahmet Zeki Üçok

 

Journalist Sıddık Güler released from prison 

Journalist Mehmet Sıddık Güler, who was imprisoned in the eastern province of Van on 18 December 2023 after his sentence on “terrorism propaganda” charge had been upheld by the Supreme Court of Appeals, was released on 19 February 2024.

Güler, the editor-in-chief of the news portal Serhat News, was sentenced to 2 years, 4 months and 3 days in prison on 24 January 2018 by the Van 4th High Criminal Court over his social media posts. The prison term was later upheld by the 3rd Criminal Chamber of the Supreme Court of Appeals.

Speaking to Expression Interrupted after his release from Van Open Prison, Güler pointed out that his probation will continue for a year. Güler said, "I will continue to report to a law enforcement office for one year as part of probation. For the first three months, I will have to do so four days a week, then it will be reduced to three days a week, then two days a week. I may be out of prison, but I can't say I'm completely free."

Gerçek Gündem editor Furkan Karabay faces 2 new investigations and 1 new court case

Gerçek Gündem editor Furkan Karabay was called in to give a statement on suspicion of “insulting the president” and “insult” over some expressions he used during a program hosted by journalist Mirgün Cabas on YouTube on 19 January 2024.

A separate investigation was launched against Karabay on suspicion of “denigrating the Turkish nation and the state of the Republic of Turkey” over a news report titled, “Odanın sahibi terör savcısı çıktı! Başsavcılık soruşturma başlattı” (“Owner of the room revealed to be counter-terrorism prosecutor! Chief prosecutor begins investigation”).

Karabay was to give a statement at the Istanbul Courthouse on 26 February 2024.

Meanwhile, a court case has been filed against Karabay on charges of “marking persons assigned with the fight against terrorism as targets” and “insulting a public official” over a news report titled “Mafya davasında rüşvet kavgası tutanaklarda” (Bribery fight in mafia case minutes) for which Karabay was held in remand for 10 days earlier this year.

The first hearing of the trial is to be held at the Istanbul 24th High Criminal Court on 16 May 2024.

RTÜK issues fines to five TV channels

The Radio and Television Supreme Council (RTÜK) has issued an administrative fine to NOW TV (formerly known as Fox TV), on grounds that a news report broadcasted under the headline “Çökmeköy” in its prime time news program violated broadcasting principles and that it conveyed “contorted” and “unverified” information.

The second penalty was issued over the program “Merve Yıldırım ile Benden Söylemesi." RTÜK began an investigation after receiving a petition from the Ülkü Ocakları (Grey Wolves) Education and Culture Foundation’s lawyers and fined NOW TV 2 percent of its advertisement revenue for “broadcasting in breach of the principle of truth” in the news report headlined “MEB Çocukları Kime Teslim Edecek” (“Who Will the Ministry of Education Have Working with Children”).

RTÜK has also issued a fine of 2 percent of revenue to Tele 1 for broadcasting “against the truth” due to journalist Rıza Zelyut saying that the ruling Justice and Development Party (AKP) had split the country into camps based on ethnic and religious identities at a political talk show aired on Tele 1. Tele 1 was also fined 2 percent of its advertisement revenue for televised statements that “hurt national sentiment.”

RTÜK has also claimed that the expressions used by pro-Kurdish DEM Party MP Ali Bozan on Flash Haber’s “Serbest Kürsü” program were in breach of the Law no. 6112 on television and radio broadcasting. MP Bozan had said, “We say that we will run our own candidates in Kurdistan in the election” and “CHP candidates were supported in Kurdistan to beat back AKP-MHP fascism in Turkey.” Flash Haber was issued the penalty of three broadcast suspensions and the maximum administrative fine on grounds of the provision that broadcasts cannot be “against the existence and independence of the state of the Republic of Turkey, the inviolable integrity of the state with the country and the nation and the principles and revolutions of Kemal Atatürk.”

RTÜK has also imposed sanctions on TGRT Haber for not abiding by a broadcast ban issued by a court and to TV 52 for “commentary exceeding the limits of criticism that targeted the President’s office.”

Decision not to prosecute journalist Yıldız Tar

The Diyarbakır Chief Public Prosecutor’s Office issued a decision not to prosecute journalist Yıldız Tar on 20 February 2024. The investigation against Tar on suspicion of “marking persons assigned with the fight aganist terrorism as targets” had been launched over their article published on the news portal Artı Gerçek, headlined “Şöhret olmak isteyen hakim ve savcılar memleketi” (“Land of judges and prosecutors who want to become celebrities”), because Tar had stated the name of the prosecutor in charge of an investigation that led to the detention of five journalists who had written about the relocations of a public prosecutor and a judge involved in the trial of 18 journalists in Diyarbakır.

The prosecutor’s office stated that Tar's act was within the scope of journalistic activities and that the contents of the column should be taken to fall under the freedom of the press.

Top court issues reasoned judgment on “disinformation” law

The Constitutional Court has issued its reasoned judgment regarding an application filed by deputies of the main opposition Republican People’s Party (CHP) demanding the annulment of Article 217/A of the Turkish Penal Code (TCK), commonly known as the “disinformation” law.

The court had rejected the application in November 2023. The reasoned judgment published on 23 February 2024 reveals that the decision had been taken by a majority vote of six votes in favor of the annulment of the law and nine against.

The reasoned judgment states that false information could “pose a risk to Turkey’s internal and external security and important public interests such as those to do with public order and general health.”

Constitutional Court President Zühtü Arslan, who opposed the majority decision, said, “A mono-typical approach is the greatest obstacle to pluralist thought that is the basis of a democratic society.”

The law, enacted in October 2022, was widely criticized by journalists’ associations and freedom of expression groups as yet another judicial tool to silence dissenting views and critical information. More than 40 criminal investigations have been initiated against journalists under Article 217/A since its entry into force.

Fine issued to Die Welt reporter Deniz Yücel approved by court of appeals

An appellate court has approved a judicial fine handed to Die Welt newspaper reporter Deniz Yücel over a social media post that he shared concerning a former Istanbul deputy chief public prosecutor who ran the investigation that led Yücel to be held in remand for a year.

Yücel had been sentenced to a judicial fine of TL 7,080 by the Istanbul 24th Criminal Court of First Instance on the charge of “insulting a public official.”

The appeal was examined by the 24th Criminal Chamber of the Istanbul Regional Court of Justice. The court rejected the application by Yücel’s lawyers and approved the judgment of the Istanbul 24th Criminal Court of First Instance.

Burhan Ekinci’s trial adjourned until September

The 10th hearing in the trial of journalist Burhan Ekinci on the charge of “spreading terrorist organization propaganda” over his social media posts was held at the Istanbul 30th High Criminal Court on 23 February 2024.

P24 monitored the hearing, attended by Ekinci’s lawyer. Ekinci, who resides abroad, did not attend the hearing.

The court ruled to await the execution of the order for Ekinci’s arrest and adjourned the trial until 3 September 2024.

Pınar Gayıp’s trial adjourned

The 14th hearing in the trial of Etkin News Agency (ETHA) editor Pınar Gayıp on the charge of “membership in a terrorist organization” was held at the Istanbul 26th High Criminal Court on 22 February 2024.

P24 monitored the hearing, attended by Gayıp’s lawyer. Gayıp did not attend the hearing.

Gayıp’s lawyer Sezin Uçar said, “As my client is a journalist, I request the lifting of the judicial control measures.”

The court ruled to uphold the judicial control measures and adjourned the trial until 6 June 2024.

The trial of Gayıp at the Eskişehir 2nd High Criminal Court on the charge of “membership in a terrorist organization” was merged with the case file on grounds that both cases were on the same charge.

Prosecution requests sentencing for Barış Terkoğlu and Ahmet Zeki Üçok

The second hearing in the trial of journalist Barış Terkoğlu and former İYİ Party Deputy Chairperson Ahmet Zeki Üçok on the charge of “repeatedly insulting a public official” was held at the Istanbul 2nd Criminal Court of First Instance on 22 February 2023. The accusation stems from Terkoğlu’s articles “Hatırlı FETÖ’cüler nasıl kurtarılıyor” (“How are respected FETÖ members saved”) and “Savcı bey geliyorum, bu yazıyı da ekleyin” (“Mr. Prosecutor, I’m on my way, add this article to the list”), published in Cumhuriyet newspaper in April 2023.

P24 monitored the hearing, which was attended by Terkoğlu, Üçok and his lawyer.

Terkoğlu, who is facing trial for reporting on claims made by prosecutor Gökalp Kökçü, who filed a petition with the Council of Judges and Prosecutors (HSK) for being pressured into closing certain cases during his time at the Istanbul Courthouse, said that both of his articles subject to the accusations were in keeping with the apparent truth.

Terkoğlu said: “In my articles, I wrote just the initials of the prosecutors. They do not contain a single insulting element, nor did I have the intent to insult.”

Terkoğlu’s lawyer Enes Ermaner said that the expressions his client had used in his articles were based on the defense petition prosecutor Gökalp Kökçü had presented to the HSK inspector. Ermaner requested the court to obtain a copy of prosecutor Kökçü’s petition from the HSK. Ermaner also requested the court to inquire whether an investigation had been started against Gökalp Kökçü pertaining to his petition.

In his defense statement, Üçok reminded the court that the Istanbul Deputy Chief Public Prosecutor and Istanbul Anadolu Chief Public Prosecutor were listed as complainants in the case file and said: “Here, there can be no impartial trial. Therefore, I request that the case be transferred to a court in another province.”

Üçok’s lawyer Fuat Selvi said: “The article subject to the case comes under the freedom of the press and expression. There are no insults or intention to insult in the article. I request the acquittal of my client.”

The prosecutor, who presented their final opinion, requested sentencing for Terkoğlu and Üçok for the alleged crime. Terkoğlu and Üçok’s lawyers requested time to prepare a counter-statement against the prosecution’s opinion.

The court granted the defendants additional time but rejected their other requests. The trial was adjourned until 30 May 2024.

Prosecution requests sentencing for Gözde Bedeloğlu on charge of “insulting a public worker”

The second hearing in the trial of BirGün newspaper columnist Gözde Bedeloğlu on the charge of “insulting a public official” was held at the Istanbul 2nd Criminal Court of First Instance on 22 February 2024. The case was launched upon a complaint filed by Nationalist Movement Party (MHP) MP Sermet Atay.

P24 montored the hearing, attended by Bedeloğlu’s lawyer. Complainant Sermet Atay’s lawyer presented an excuse not to attend the hearing.

Delivering their final opinion, the prosecutor requested that the court sentence Bedeloğlu as charged.

Bedeloğlu’s lawyer requested time to prepare a counter-statement against the proseuctor's final opinion. The court accepted the request and adjourned the trial until 23 May 2024.

Bedeloğlu is on trial for her article titled “Dünden bugüne ‘devleti koruyanlar’” (“Those ‘protecting the state’ from the past until the present”), published on BirGün's online edition on 9 April 2023.

Trial for the assault against journalist Ardıl Batmaz continues

The third hearing in the trial of the police officer bodyguard of the Elazığ Mayor Şahin Şerifoğulları, who assaulted journalist Ardıl Batmaz while he was reporting in sight of former Minister of the Interior Süleyman Soylu and Minister for the Environment, Urbanization and Climate Change Murat Kurum on the charge of “actual bodily harm” was held at the Elazığ 5th Criminal Court of First Instance on 22 February 2024.

Batmaz, his lawyers Kader Arat and Zilan Şan attended the hearing, while the defendant police officer was not present.

Speaking at the hearing, Zilan Şan and Kader Arat said that according to a new court expert’s report, Elazığ Mayor Şerifoğulları, who said “take away that dog” before the incident, was the instigator of the assault against Batmaz and should be included in the file as a defendant. The lawyers furthermore requested that the person known as “Individual 5,” who had assaulted Batmaz but could not be identified, should be identified and included in the file and that the charges should include  “violation of the freedom to work and employment.”

The court accepted the request for the identification of “Individual 5” by sending a writ to the relevant law enforcement unit and decided to consider the addition of the charge of “violation of the freedom to work and employment” along with the judgment. The request to include Elazığ Mayor Şerifoğulları as a defendant in the case was rejected.

The trial was adjourned until 27 June 2024.

JinNews Managing Editor Safiye Alağaş’s trial adjourned until June

The third hearing in the trial of JinNews Managing Editor Safiye Alağaş on the charge of “membership in a terrorist organization” over her reporting was held at the Diyarbakır 5th High Criminal Court on 22 February 2024.

While Alağaş did not attend the hearing, her lawyer Gülistan Ataş was present.

The court ruled to wait for the submission of missing elements in the file and adjourned the trial until 11 June 2024.

Journalist Rojda Oğuz’s trial on “disinformation" charge adjourned until June

The second hearing of the trial of journalist Rojda Oğuz on the charge of “disseminating misleading information” was held at the Bakırköy 19th Criminal Court of First Instance on 22 February 2024.

No parties attended the hearing.

The court ruled to issue a letter rogatory for Oğuz, who resides abroad and adjourned the trial until 6 June 2024.

Journalist Pelin Özkaptan’s “terrorism propaganda” trial gets underway

The first hearing in the trial of journalist Pelin Özkaptan on the charge of “terrorism propaganda” was held at the Istanbul 13th High Criminal Court on 22 February 2024.

Özkaptan and her lawyer Emine Özhasar were present at the hearing.

The hearing began with identification, after which Özkaptan and her lawyer delivered their defense statements. Özkaptan said that journalism and news items could not be the subject of legal charges.

In its interim order, the court ruled to convey the case file to the prosecutor’s office for the preparation of the final opinion and adjourned the trial until 28 May 2024.

Vice News trial adjourned until June 2024

The 19th hearing in the long-running trial of Jake Hanrahan, reporter for the US-based Vice News, and camera operator Philip Pendlebury on terrorism-related charges was held at the Diyarbakır 8th High Criminal Court on 21 February 2024.

While the defendants did not attend the hearing, journalists Hanrahan and Pendlebury’s lawyer was present.

Speaking first at the hearing, lawyer Törehan Büyüksoy said that the defense statements of the journalists taken in the English language in the UK were lacking and that the missing or erroneous translation of some words in the defense statements led to contradictions with other statements provided by the defendants. Büyüksoy requested the translations to be carried out by an expert with a good command of the English language and Turkish law.

The prosecutor requested the court to accept the request of the journalists’ lawyer.

The court accepted the request and ruled that the case file be conveyed to the prosecutor’s office for the preparation of the final opinion after the translation had been submitted to the court.

The trial was adjourned until 26 June 2024.

Case against journalist Canan Coşkun dismissed in retrial

The second hearing in the retrial of journalist Canan Coşkun on the charge of “marking persons assigned with the fight against terrorism as targets” was held at the Istanbul 14th High Criminal Court on 22 February 2024.

P24 monitored the hearing, attended by Coşkun and her lawyer.

Presenting their final opinion, the prosecutor requested the court to dismiss the case due to the lapse of the probatory period of five years.

The court ruled to dismiss the case due to the 5-year long probationary period resulting from the deferment of the announcement of the judgment on Coşkun approved on 21 March 2018 having lapsed.

Court abides by judgment to overturn convictions of 3 Gezi trial defendants

The first hearing in the retrial of Mücella Yapıcı, Yiğit Ali Ekmekçi and Ali Hakan Altınay on the charge of “violation of the Law no. 2911 on Meetings and Demonstrations” was held at the Istanbul 13th High Criminal Court on 21 February 2024. The 18-year imprisonment sentences handed to the defendants on the charge of “aiding an attempt to overthrow the government” had been overturned by the 3rd Criminal Chamber of the Supreme Court of Appeals in September 2023.

P24 monitored the hearing, which was attended by the defendants’ lawyers. The defendants did not attend the hearing.

Yapıcı’s lawyer Fikret İlkiz and Ekmekçi’s lawyer Hasan Fehmi Demir requested the acquittal of their clients.

Altınay’s lawyer Tora Pekin said: “History is not written through court rulings. The duty of the judiciary is to identify crimes and criminals and to distinguish between those who should be in jail and those who should not be. We have been asked for our statement regarding the decision to overturn the verdict on the three defendants, including my client. Gezi is not a crime and defendants in this case are not criminals. The case contains not a shred of evidence that could cast a shadow of doubt over this fact. And the most important duty of judges is to decide on the freedom of a person.”

Abiding by the Supreme Court of Appeals judgment to overturn, the court ruled to lift the judicial control measures on Yapıcı, Ekmekçi and Altınay.

The court also ruled to convey a writ to the Istanbul Police Department to request information on whether CCTV or image recordings of defendants in relevant events exist and whether the defendants have been investigated for “opposition to Law no. 2911” in incidents related to Gezi Park and adjourned the trial until 22 May 2024.

Prosecution requests sentencing for Hayko Bağdat

The 11th hearing in the trial of journalist Hayko Bağdat on the charge of “insulting the president” and “inciting the people to hatred and enmity” over an article and social media posts was held at the Istanbul 50th Criminal Court of First Instance on 21 February 2024.

P24 monitored the hearing, attended by lawyers for the parties.

President Erdoğan’s lawyer said they upheld their complaint about Bağdat and requested sentencing for the defendant.

Presenting their final opinion, the prosecutor requested the court to acquit Bağdat of the charge of “inciting the people to hatred and enmity” and sentence the journalist on the charges of “insulting a public official” and “insulting the president.”

Bağdat’s lawyer Emine Özhasar requested time to prepare a statement against the prosecutor’s opinion. The court accepted the request for additional time and adjourned the trial until 10 July 2024.

Compensation case against journalist Barış Pehlivan adjourned until July

The third hearing in a compensation case worth TL 10,000 against journalist Barış Pehlivan filed by Deputy Minister of Defense Alpaslan Kavaklıoğlu was held at the Ankara 23rd Civil Court of First Instance on 20 February 2024.

The court ruled to await the outcome of the case against Pehlivan overseen by the Ankara 2nd Criminal Court of First Instance and adjourned the lawsuit until 11 July 2024.

Özgür Gündem retrial adjourned

The third hearing in the retrial of the now-defunct Özgür Gündem newspaper's former executives and columnists Hüseyin Aykol, Ayşe Batumlu, Eren Keskin and Reyhan Çapan on charges of “terrorism propaganda” and “incitement to commit crime” over articles published in the newspaper was held at the Istanbul 14th High Criminal Court on 20 February 2024.

P24 monitored the hearing, attended by Hüseyin Aykol, who was the former co-editor-in-chief of the newspaper, through the judicial video-conferencing network SEGBİS. Lawyers for the defendants were also present.

Aykol said that his lawyer followed up on the hearings and requested to be exempted from future hearings.

The court accepted Aykol’s request. Ruling to wait for the submission of missing elements in the case file, the court adjourned the retrial until 6 June 2024.

“Özgür Gündem solidarity trial” adjourned until May 2024

The ninth hearing in the retrial of Reporters Without Borders (RSF) Turkey representative Erol Önderoğlu, human rights defender Şebnem Korur Fincancı and journalist and writer Ahmet Nesin for participating in a solidarity campaign for Özgür Gündem newspaper before it was shut down by statutory decree was held at the Istanbul 13th High Criminal Court on 20 February 2024.

P24 monitored the hearing, attended by Önderoğlu and his lawyer.

The court ruled to await the response to the instructions sent abroad for obtaining a defense statement from Ahmet Nesin and adjourned the trial until 29 May 2024.

Neşe İdil sentenced on the charge of “terrorism propaganda”

The second hearing in the trial of journalist Neşe İdil on the charge of “terrorism propaganda” was held at the Istanbul 22nd High Criminal Court on 20 February 2024. The charge stemmed from 10 social media posts that also included links to news items that have been shared by the journalist.

P24 monitored the hearing, attended by İdil’s lawyer. İdil did not attend the hearing.

The prosecutor repeated the prosecution’s final opinion  that was presented at the previous hearing and requested sentencing for İdil for the crime of “terrorism propaganda.”

In his defense statement, İdil’s lawyer Fatih Aydın said that the contents of the posts subject to the charges were not crimes according to Supreme Court of Appeals case-law.  Aydın said that his client had used her freedom of expression and freedom of the press as a journalist and requested her acquittal.

The court sentenced İdil to 1 year and 3 months of imprisonment on the charge of “terrorism propaganda”. The announcement of the judgment was deferred.

Final hearing for Elif Akgül and Haluk Kalafat to be held in May 2024

The third hearing in the trial of journalists Elif Akgül and Haluk Kalafat on the charge of “publicly denigrating the Turkish nation” under Article 301 of the Turkish Penal Code (TCK) was held at the Istanbul 2nd Criminal Court of First Instance on 20 February 2024.

P24 monitored the hearing, attended by Akgül, Kalafat and their lawyers.

The prosecutor repeated their final opinion that was presented at the previous hearing and asked the court to sentence Akgül and Kalafat as charged.

Delivering her statement against the opinion, Akgül said: “I am on trial for presenting a book. I am here over a translation about which I did not even express an opinion. The prosecutor avoids stating which expression constituted an insult. I reject the charge and request my acquittal.”

Kalafat also rejected the charges and requested his acquittal in his defense statement.

Lawyer Emine Özhasar, who represents the journalists, said that the case was filed after the expiry of the statute of limitations established in the Press Law and therefore requested that the case be dismissed, or should the court disagree, the acquittal of both of her clients.

The court adjourned the trial until 9 May 2024 to examine the petitions submitted by Akgül and Kalafat’s lawyer.

The indictment against Akgül and Kalafat was issued on 9 December 2022 as a result of an investigation, launched upon approval by the Ministry of Justice on 24 June 2021, over a complaint filed with the Presidency’s Communication Center (CİMER), which claimed that “Armenian Genocide propaganda” was made in six news articles published on the news portal bianet in 2015, 2018 and 2019, when both journalists were employed by bianet.

At least 31 journalists and media workers in prison

As of 23 February 2024, there are at least 31 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here.