Journalist Faik Akgün dismissed for reporting on university student’s death by suicide as courts block access to 17 reports; prosecutors request sentence for writer Yavuz Ekinci, journalist Ruken Demir; access to ETHA website blocked twice in 10 days

 

Two journalists detained while covering protest in Istanbul

 

Gazete Karınca reporter Yadigar Aygün and Yeni Demokrasi reporter Tuba Apaydın were taken into custody in Istanbul’s Taksim on 14 January 2022 while covering a demonstration by university students over the death of Enes Kara by suicide. Kara, a medical student, died after posting a video on the pressures he faced at a religious community dormitory in Elazığ province. A total of 83 students were detained together with the journalists. Those detained were released the next morning following procedures at the police station.

 

Imprisoned journalist Ferhat Çiftçi diagnosed with CIDP

 

Jailed journalist Ferhat Çiftçi, the former Gaziantep representative of the shuttered Kurdish newspaper Azadiya Welat, recently sent a letter about his medical condition to journalist Hüseyin Aykol.

 

He has been diagnosed with Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), Çiftçi said in his letter. He explained that his condition caused problems such as loss of balance and strength, loss of smell and taste, severe nausea and coordination disorder.

 

Çiftçi, who was arrested on the charges of “membership in a terrorist organization” and “terrorism propaganda” on 16 February 2011 and subsequently sentenced to 21 years and 8 months, is currently imprisoned in Tekirdağ No. 1 F Type Closed Prison.

 

Trial against Rojda Oğuz postponed until April

 

The fifth hearing of a trial in which journalist Rojda Oğuz is charged with “membership in a terrorist organization” and “terrorism propaganda" was held at the Van 4th High Criminal Court on 13 January 2022.

 

Oğuz, who lives abroad, did not attend the hearing while her lawyer also submitted a letter of excuse. The court decided to grant a continuance to other defendants who have yet to make their statements and to send the case file to the prosecution in the next hearing. The case was adjourned until 21 April 2022.

 

Oğuz was arrested on 8 January 2016 on the grounds that she participated in protest marches organized by Van Yüzüncü Yıl University students on different dates. She was released after spending four months in pre-trial detention.

 

Courts block access to 17 reports about Enes Kara suicide

 

Access to 17 reports on university student Enes Kara’s recent death by suicide, including those by BirGün, Cumhuriyet, Halk TV, Tele 1, Sol and T24 news portals, has been banned. The access blocking decisions were rendered by the İskenderun 2nd Criminal Judgeship of Peace on 13 January 2022 and the Ankara 8th Criminal Judgeship of Peace on 12 January 2022.

 

The judgeships cited “violation of personal rights” as the grounds for the decisions, based on Article 9 of the Internet Law. The Constitutional Court recently ruled that the provision should be amended because it lacked fundamental safeguards for the protection of freedom of expression and the press.

 

Journalist who reported on death of Enes Kara dismissed

 

Faik Akgün, the former managing editor of Elazığ-based local newspaper Günışığı, said that he was forced to resign on 12 January 2022 after he reported on the death of university student Enes Kara.

 

Speaking to Evrensel, Akgün stated that he also received numerous threats following his report. Akgün stated that the publisher and editor-in-chief of the newspaper, Nafiz Koca, also had his report removed from the newspaper’s website.

 

The newspaper management did not fire Akgün since the publication must have a certain number of employees to be eligible for public ad revenues. Instead Akgün was dismissed from his post as managing editor “due to poor performance.”

 

Court rules for continuation of arrest warrant for Ziya Çiçekci

 

The eighth hearing of the trial against journalist Ziya Çiçekci on the charge of “terrorism propaganda” due to several posts shared in 2017 on Yeni Özgür Politika newspaper’s social media account was held on 12 January 2022.

 

Çiçekci did not attend the hearing. The prosecutor requested the continuation of the arrest warrant issued for Çiçekci. The Istanbul 33rd High Criminal Court ruled to wait for the execution of the arrest warrant and adjourned the case until 11 May 2022.

 

Access to ETHA website blocked twice in 10 days

 

Access to the website of the Etkin news agency (ETHA) was blocked by a decision of the Diyarbakır 4th Criminal Judgeship of Peace on 12 January 2022 on the grounds of “national security and the protection of public order.” It marked the second access ban for ETHA since the beginning of the year. ETHA’s website was also blocked for access on 6 January 2022 by the same court.

 

Prosecutor demands sentence for Ruken Demir

 

The eighth hearing of the trial against journalist Ruken Demir on the charge of  “membership in a terrorist organization” was held at the Izmir 19th High Criminal Court on 11 January 2022.

 

Demir, who did not attend the hearing, was represented by her lawyer. Presenting their final opinion, the prosecutor asked the court to sentence Demir as charged. Granting Demir and her lawyer time for their statements in response to the prosecutor’s final opinion, the court set 9 February 2022 as the date for the next hearing.

 

Case file sent to prosecutor’s office in retrial of Zaman columnists

 

The third hearing of the retrial of former Zaman columnists Şahin Alpay, Ali Bulaç, Mümtazer Türköne, Ahmet Turan Alkan and editor Mehmet Özdemir was held at Istanbul 13th High Criminal Court on 11 January 2022.

 

Alkan, whose conviction on the charge of “membership in a terrorist organization” was overturned by the Supreme Court of Appeals in March 2021, appeared before the court as the fifth defendant in the retrial. The court decided to abide by the Supreme Court of Appeals ruling regarding Alkan. Alpay, Bulaç and Türköne and their lawyers were also in attendance.

 

The court heard two witnesses during the hearing, including former Zaman columnist Hüseyin Gülerce, who told the court in his testimony that neither Alpay nor his four co-defendants had any ties with the Gülen network or received any instructions from the movement.

 

In its interim ruling, the court ordered the continuation of the judicial control measures imposed on all defendants. Ruling to wait for the execution of the arrest warrant issued for Özdemir and to send the case file to the prosecutor’s office for the preparation of their final opinion, the court adjourned the retrial until 7 April 2022.

 

A report on the hearing, monitored by P24, can be accessed here.

 

Former Zaman journalist Recai Morkoç imprisoned 

 

Former Zaman and Cihan news agency editor Recai Morkoç was reportedly arrested on 11 January when he was trying to cross the border with Greece. Morkoç, who previously spent 16 months behind bars, was convicted of "membership in a terrorist organization. His sentence was upheld by the Supreme Court of Appeals as well. 

 

Retrial of journalist Barış Barıştıran gets under way

 

The retrial of journalist Barış Barıştıran, the former responsible editor of the shuttered local TV station Özgür Gün TV, on the charge of “terrorism propaganda” began at the Diyarbakır 8th High Criminal Court on 11 January 2022.

 

Barıştıran is on trial for airing a congress by the Democratic Society Congress (DTK) in 2016. The journalist was acquitted in March 2021. After the prosecutor objected to his acquittal, the 2nd Criminal Chamber of the Diyarbakır Regional Court of Justice reversed the trial court’s judgment in September 2021 and remanded the file to the trial court.

 

Following the reversal of Barıştıran’s acquittal, the trial court ruled to drop the charge if Barıştıran pays a judicial fine of TL 20,000 pursuant to Article 75 of the Turkish Penal Code (TCK) for the charge under Article 7/2-3 of the Anti-Terror Law (TMK) and to proceed with the retrial if the prepayment is not made.

 

Barıştıran refused to make the prepayment and the retrial got underway this week. Barıştıran’s lawyer Resul Temur was present in the courtroom. Temur said his client refused the prepayment because he did not commit any crime.

 

The prosecutor asked the court to hear Barıştıran’s statement. Temur said Barıştıran was currently overseas and asked the court to deliver its judgment in the absence of his client.

 

In its interim ruling, the court decided to inquire of the Diyarbakır Police Department about whether Özgür Gün TV had aired the March 2016 DTK congress in its entirety or in episodes. The court set 17 February 2022 as the date for the second hearing.

 

Prosecutor demands sentence for Yavuz Ekinci

 

Novelist and short story writer Yavuz Ekinci appeared before the Istanbul 34th High Criminal Court on 11 January 2022 for the second hearing of his trial on the charge of “terrorism propaganda” under Article 7/2 of the Anti-Terror Law (TMK). The accusation stems from eight Twitter posts Ekinci shared in 2013 and 2014 and a joint statement he had signed against the ISIS attack on the Syrian town of Kobani.

 

P24 monitored the hearing. Ekinci and his lawyer were in attendance.

 

The prosecutor submitted their final opinion during the hearing, demanding that Ekinci be sentenced as charged. Granting Ekinci and his lawyer time for their statements in response to the prosecutor’s final opinion, the court set 31 March 2022 as the date for the third hearing.

 

Prosecutor demands acquittal for Sonbahar and Karakurt

 

The 12th hearing of a trial in which journalists Sema Karakurt and Eylem Sonbahar and 15 other defendants are charged with “violating the Law on Public Demonstrations and Assemblies” was held at the Antalya 7th Criminal Court of First Instance on 11 January 2022.

 

Karakurt, a former reporter for Antalya Sokakları, and Dokuz8 reporter Sonbahar are on trial for covering demonstrations against the G20 summit held in Antalya on 15-16 November 2015. The court adjourned the case to a later date because the defendants did not attend the hearing.

 

Presenting their final opinion, the prosecutor asked the court to separate the file against two defendants who face arrest warrants and demanded acquittal for the remaining 13 defendants, including Karakurt and Sonbahar, on the grounds that the protest was not illegal and that no calls for dispersal had been made by law enforcement.

 

Ruling to separate the file against two defendants, the court adjourned the case until 15 February 2022.

 

New subpoena to be issued for witness in Eser and Topaloğlu’s trial

 

The latest hearing of the trial against journalist Sadiye Eser and Mezopotamya News Agency reporter Sadık Topaloğlu on the charge of “membership in a terrorist organization” (TCK 314/2) was held at the Istanbul 22nd High Criminal Court on 11 January 2022.

 

P24 monitored the hearing. Eser and Topaloğlu did not attend. Their lawyers Özcan Kılıç and Siyabend Dunlayıcı were present in the courtroom.

 

Lawyer Kılıç reminded the court that the accusations against the journalists were based on testimony by Özgür Baran, a witness who has yet to testify before the court. Stating that the said witness has apparently been intentionally avoiding appearing in court, Kılıç asked the court to decide to not hear the witness. Topaloğlu’s lawyer made the same request and demanded the journalist’s acquittal.

 

In its interim ruling, the court decided to issue a new subpoena for witness Özgür Baran to testify in court and set 12 May 2022 as the date for the next hearing.

 

Court rules for continuation of arrest warrant for Rüstem Batum

 

Journalist and former TV talk show host Rüstem Batum’s trial on the charge of “insulting the president” (TCK 299/1) resumed at the Istanbul 41st Criminal Court of First Instance on 11 January 2022.

 

Accepting the letters of excuse submitted by Batum’s lawyers and ruling to wait for the execution of the arrest warrant for Batum, the court adjourned the case until 5 April 2022.

 

The accusation stems from Batum’s remarks during a political discussion show that aired on İMC TV on 10 September 2015.

 

Trial against İskender Kahraman sent to Court of Jurisdictional Disputes

 

The first hearing of journalist İskender Kahraman’s trial on the charge of “terrorism propaganda” was held at the Hakkari 2nd High Criminal Court on 11 January 2022. Kahraman is on trial for the articles he wrote about Turkey’s 2018 military operation on the Syrian city of Afrin, published on the news portal Yüksekova Haber.

 

The court decided that Ankara 22nd High Criminal Court should have jurisdiction over the case and sent the file to the Court of Jurisdictional Disputes.

 

Trial against Selman Keleş postponed

 

The 13th hearing of the trial against self-exiled journalist Selman Keleş on the charge of “membership in a terrorist organization” was held on 11 January 2022 at the Van 5th High Criminal Court. Keleş’s lawyer submitted a letter of excuse. The court postponed the trial to a later date.

 

Keleş, a former reporter for the now-defunct news agency Dihaber, was arrested in March 2017 for shooting photos of the barriers placed in front of the Van City Hall along with fellow journalist Arif Aslan. Both journalists were released pending trial at the first hearing of their trial, held on 21 November 2017. Keleş later settled in Switzerland, where he was granted asylum. His file was separated at the hearing held on 3 September 2020. The indictment alleges that the journalists were photographing the city hall and its vicinity “for reconnaissance.”

 

Fatih Yaşlı briefly detained on “insult” allegation

 

Academic and columnist Fatih Yaşlı was taken into custody in Ankara on 10 January 2022 due to a social media post. Yaşlı was detained due to a complaint on the allegation of “insult” by a social media user named Feyza Öznur. He was released after giving his statement at the courthouse.

 

Investigation against three journalists dismissed

 

An investigation launched against journalists Ahmet Kanbal, Merdan Yanardağ and Murat Taylan for their reports on nine people including soldiers arrested in Nusaybin on “bribery” and “human trafficking” allegations has been dismissed. The investigation against the journalists was launched by the Mardin Chief Public Prosecutor’s Office on the allegation of “violating the confidentiality of an investigation.”

 

Investigation against MA reporters Altıntaş and Sezgin dismissed

 

An investigation launched against Mezopotamya News Agency reporters Mahmut Altıntaş and Enes Sezgin by the Istanbul Chief Public Prosecutor's Office on the allegation of “violating the Law on Public Demonstrations” has been dismissed.

 

The two journalists were detained while covering a protest by the youth branch of the Peoples' Democratic Party (HDP) in Taksim after the Kadıköy District Governor’s Office banned a concert planned to be held on 16 November 2021. The Prosecutor’s Office decided not to prosecute the journalists and the protesters, stating that no camera footage from the protest was available and that the banner carried by the protesters did not constitute a crime.

 

At least 59 journalists and media workers in prison

 

Following Recai Morkoç's imprisonment earlier this week, there are at least 58 journalists and media workers in prison in Turkey, as of 14 January 2022. 

 

The full list can be accessed here.