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.

Freedom of Expression and the Press in Turkey - 331

Freedom of Expression and the Press in Turkey - 331

Court upholds sentences of five journalists in “disclosure of MİT official” case; Nurcan Yalçın taken into custody; Buse Söğütlü acquitted, faces new criminal complaint; Sedef Kabaş’s lawyers file application with Constitutional Court

 

Journalist Nurcan Yalçın detained, confidentiality order imposed on file

 

Journalist Nurcan Yalçın was detained in the morning hours of 4 February 2022 in a police raid on her home in Diyarbakır. After a search of the house, Yalçın was taken to the Anti-Terror Branch of the Police Department. The grounds for her detention were not disclosed.

 

Yalçın was restricted from meeting with her lawyer for 24 hours. Her lawyer went to the police station to see Yalçın the next morning, after the restriction expired, but this time they were told that a confidentiality order had been imposed on the file.

 

President Erdoğan’s former lawyer files new complaint against İzel Sezer

 

İleri Haber news portal Editor-in-Chief İzel Sezer announced on her social media account on 4 February 2022 that President Erdoğan’s former lawyer Mustafa Doğan İnal has filed a new criminal complaint against her.

 

Sezer said the new complaint was based on their report on an ongoing trial in which she and the website’s former Editor-in-Chief Doğan Ergün are accused due to their coverage of bribery allegations against İnal. Sezer and Ergün are charged with “insult” (TCK 125), “libel” (TCK 267) and “illegally disclosing information obtained through recording private conversations between persons” (TCK 133/3) in the ongoing trial. The accusations stem from two articles published in December 2020.

 

Journalist Hacı Boğatekin taken into custody

 

Gerger Fırat local newspaper’s publisher and Editor-in-Chief Hacı Boğatekin was taken into custody on 4 February 2022 as part of an investigation launched due to a Facebook post he shared on 28 August 2021 about Istanbul Mayor Ekrem İmamoğlu.

 

Boğatekin was taken into custody as per an arrest warrant issued by the Büyükçekmece 3rd Criminal Judgeship of Peace upon a criminal complaint filed by İmamoğlu’s lawyer. The journalist was taken to Adıyaman Courthouse after his statement was taken at the local gendarmerie on the allegation of “inciting the people to hatred and enmity.” Boğatekin was released after his statement was taken by the prosecutor.

 

Court acquits Buse Söğütlü, decides to file new complaint against journalist

 

The seventh and final hearing of journalist Buse Söğütlü’s trial on the charge of “marking a public official who took part in the fight against terrorism as a target” (TMK 6/1) was held at the 23rd High Criminal Court of Istanbul on 3 February 2022. Söğütlü was on trial for her social media posts in which she commented on a case overseen by Judge Akın Gürlek.

 

Delivering its verdict at the end of the hearing, the court acquitted Söğütlü of TMK 6/1 but decided to file a new criminal complaint against the journalist on the charge of “insulting a public official.”

 

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

 

Trial against Hayko Bağdat postponed

 

Journalist Hayko Bağdat’s trial on the charge of “insulting the president” (TCK 299) for his remarks during a TV broadcast was scheduled to be held at the Istanbul 51st Criminal Court of First Instance on 3 February 2022. The hearing was postponed to a later date because a new judge has been appointed to the court.

 

Trial against Selman Keleş to continue in May

 

The ninth hearing of a trial in which journalist Selman Keleş is charged with “violating the Law on Demonstrations” and “terrorism propaganda” was held at the Van 4th High Criminal Court on 3 February 2022.

 

Keleş, a former reporter for the now-defunct Dicle News Agency (DİHA), is on trial for covering a protest march held in Van on 21 November 2015. Keleş’s file was separated from the main file in 2018 on the grounds that he lives abroad.

 

Keleş’s lawyer did not attend the hearing. The court decided to wait for the execution of the arrest warrant for Keleş and adjourned the case until 26 May 2022.

 

Final hearing of Mehmet Şahin’s trial set for 10 February

 

The 11th hearing of columnist Mehmet Şahin’s trial on the charge of “establishing and managing a terrorist organization” on account of his alleged involvement in the Democratic Society Congress (DTK) and public statements he attended between the years 2010 and 2013 was held at Diyarbakır 5th High Criminal Court on 3 February 2022.

 

Şahin and his lawyer Resul Temur were present at the hearing. The court ruled not to hear the secret witnesses who had testified against Şahin. The prosecutor reiterated their final opinion, in which he demanded that Şahin be sentenced for “membership in a terrorist organization” (Article 314/2 of the TCK).

 

Granting Şahin and his lawyer time for their final defense statements, the court adjourned the case until 10 February 2022.

 

Court upholds sentences of five journalists in “disclosure of MİT official” case

 

The 3rd Criminal Chamber of the Istanbul Regional Court of Justice has upheld the judgment rendered in the trial against six journalists and one municipal press officer over news coverage and social media posts about a National Intelligence Organization (MİT) operative killed in Libya in February 2020.

 

Journalists Barış Pehlivan, Barış Terkoğlu, Hülya Kılınç, Ferhat Çelik, Aydın Keser, Murat Ağırel and Erk Acarer and municipal press officer Eren Ekinci were charged with “disclosing classified information crucial to the security of the state” and “exposing the contents of documents and information concerning intelligence operations” in the trial, which concluded in September 2020.

 

Kılınç and Pehlivan were sentenced to 3 years and 9 months while Çelik, Keser and Ağırel were each sentenced to 4 years, 8 months and 7 days for “exposing the contents of documents and information concerning intelligence operations” (Article 27 of MİT Law) at the final hearing of the trial, overseen by the Istanbul 34th High Criminal Court. All defendants except Acarer were acquitted of “disclosing classified information related to the security of the state” (TCK 329). The file against Acarer, who lives abroad, was separated.

 

Sedef Kabaş’s lawyers lodge application with Constitutional Court

 

Lawyers representing journalist Sedef Kabaş, who was jailed on the charge of “insulting the president” (TCK 299) on 22 January 2022, filed an individual application with the Constitutional Court on 2 February 2022, seeking her immediate release.

 

The application was filed after a criminal court of first instance rejected the objection to Kabaş’s detention. Kabaş is behind bars due to her remarks during a recent political discussion show on TELE1.

 

The application claims that Kabaş’s detention violates the right to liberty and security enshrined in Article 19 of the Constitution, and freedom of expression and freedom of the press, safeguarded in Articles 26 and 28, respectively. The lawyers request that Kabaş be released immediately through precautionary measures and that the application be given priority status and examined in accordance with pilot case procedures.

 

Ahmet Kanbal’s lawyer files recusal motion

 

The second hearing of a trial in which Mezopotamya news agency (MA) reporter Ahmet Kanbal is charged with “marking an official assigned with the fight against terrorism as a target” (TMK 6/1) and “insulting a public official” (TCK 125) was held at the Aydın 3rd High Criminal Court on 2 February 2022.

 

Kanbal is on trial for sharing an excerpt from an interview with Human Rights Association (İHD) Co-Chair Eren Keskin on his Twitter account. The case was launched upon a complaint by Lt. General Musa Çitil, the deputy commander of the Gendarmerie.

 

Kanbal and his lawyer Erdal Kuzu addressed the court from Mardin via the judicial videoconferencing network SEGBİS. Çitil and his lawyer did not attend.

 

Reiterating their final opinion, the prosecutor asked the court to sentence Kanbal pursuant to Article 6/1 of the Anti-Terror Law.

 

Kanbal’s lawyer told the court that the complainant is a public official and that therefore he should tolerate harsh criticism. The lawyer also asked the court to inquire of the Information and Communication Technologies Authority (BTK) whether an access ban had been imposed on the website of the newspaper that published the article. Kuzu requested that the court accept their demands for a fair trial and stated that they would make their statement in response to the prosecutor’s final opinion later.

 

The court rejected the request, upon which the lawyer said their request was legal and the court’s rejection of their request violated the right to access to the courts. Stating that the court has lost its impartiality with this decision, Kanbal’s lawyer demanded the recusal of the judges.

 

The court unanimously rejected the request for recusal on the grounds that it was “not in compliance with procedural law” and “aimed at prolonging the proceedings.” Granting Kanbal and his lawyer time to appeal against the rejection of their recusal motion, the court postponed the case to 2 March 2022.

 

Ferhat Tunç’s trial on “inciting hatred” charge to continue in June

 

The 11th hearing of exiled musician Ferhat Tunç’s trial on the charge of “inciting hatred and enmity” (TCK 216) due to his social media posts was held at the Büyükçekmece 4th Criminal Court of First Instance on 2 February 2022. The court decided to wait for the execution of the arrest warrant issued for Tunç and adjourned the case until 29 June 2022.

 

Journalist Mustafa Hoş says he is being followed by trolls

 

Journalist Mustafa Hoş stated during a broadcast on KRT TV on 2 February 2022 that he was being followed by the government’s online trolls. Hoş said the trolls knew his address and had other information about him such as where he had been to and when. Hoş said some of them even called him on the phone and threatened to come to his house.

 

Journalist Nişmiye Güler faces investigation on “terror” allegations

 

Jin News reporter Nişmiye Güler was taken from her home in Istanbul on the morning of 2 February 2022 and brought to the Istanbul Courthouse to give her statement as part of an investigation launched by the Bismil Chief Public Prosecutor's Office in 2021 on allegations of “membership in a terrorist organization” and “terrorism propaganda.”

 

Güler gave her statement to the prosecutor conducting the investigation via the judicial video-conferencing network SEGBİS. The accusations stem from Güler’s Twitter posts. The investigation was launched based on testimony by a witness named Gül Tanrıverdi.

 

After taking Güler’s statement, the prosecutor referred the journalist to the Bismil Criminal Judgeship of Peace, which released the journalist under a ban on leaving the country and a signature obligation.

 

Investigation against MA reporter Emrullah Acar dismissed

 

The Malatya Chief Public Prosecutor's Office has dismissed an investigation against Mezopotamya News Agency reporter Emrullah Acar on the allegation of “membership in a terrorist organization.” Acar was detained in a house raid in Şanlıurfa on 19 November 2021 and was released six days later under judicial control measures.

 

Trial against Ramazan Ölçen to continue in May

 

The eighth hearing of former Azadiya Welat publisher Ramazan Ölçen’s trial on the charge of “membership in a terrorist organization” was held at the 11th High Criminal Court of Diyarbakır on 2 February 2022.

 

Ölçen, who lives abroad, did not attend the hearing. His lawyer Resul Temur was in attendance.

 

The presiding judge said that the Ministry of Justice has not yet responded to a request for Ölçen’s defense statement to be taken through a rogatory letter. Ruling to wait for the execution of the arrest warrant for Ölçen, the court adjourned the case until 30 May 2022.

 

Retrial of Önderoğlu, Fincancı and Nesin to continue in June

 

The retrial of Reporters Without Borders (RSF) Turkey Representative Erol Önderoğlu, Turkish Medical Association (TTB) Central Committee President Şebnem Korur Fincancı and journalist Ahmet Nesin resumed at the Istanbul 13th High Criminal Court on 1 February 2022.

 

This was the third hearing of the retrial, ordered by an appellate court that reversed the acquittals of Önderoğlu, Fincancı and Nesin. All three are accused of “terrorism propaganda” (TMK 7/2) “incitement to commit an offense” (TCK 214) and “praising a criminal offense or an offender” (TCK 215) for symbolically editing Özgür Gündem for one day in 2016 in an act of solidarity with the pro-Kurdish newspaper before it was permanently closed by the government.

 

P24 monitored the hearing, attended by Önderoğlu and the defendants’ lawyers.

 

Ruling to wait for the response to a rogatory letter issued for Ahmet Nesin’s statement to be taken in his current country of residence and to inquire about former Özgür Gündem managing editor İnan Kızılkaya’s permanent address in order to issue a witness summons for the journalist, the court set 14 June 2022 as the date for the next hearing.

 

Compensation case against Çiğdem Toker adjourned until March

 

The seventh hearing of a compensation case filed against Sözcü columnist Çiğdem Toker by T3 Foundation over her article published on 28 January 2019 was held at Istanbul’s Küçükçekmece 10th Civil Court on 1 February 2022.

 

The court heard Istanbul Municipal Council member Tarık Balyalı as a witness during the hearing. Granting the parties time to submit their statements, the court adjourned the case until 31 March 2022.

 

President Erdoğan’s son-in-law Selçuk Bayraktar and his brother are among the top level executives of the Turkish Technology Team Foundation (T3), which is seeking TL 80,000 in non-pecuniary damages in the lawsuit.

 

Eren Tutel’s trial on “insult” charge adjourned until May

 

The second hearing of the trial against BirGün newspaper sports editor Eren Tutel on the charge of “insulting a public official” (TCK 125) was held at the Istanbul 2nd Criminal Court of First Instance on 1 February 2022. Tutel is on trial for his reports on allegations about the Turkish Wushu Federation (TWF) and its executives.

 

Addressing the court for his defense statement, Tutel said his reports were based on documents and statements by athletes from the Wushu Federation.

 

The lawyer representing the plaintiffs Abdurrahman Akyüz and Elif Akyüz claimed that Tutel’s reports were based on a “personal grudge the journalist holds against her clients.”

 

Granting Tutel’s lawyer a continuance for their defense statement in writing, the court adjourned the case until 24 May 2022.

 

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

 

“Insult” case against İsmail Saymaz to continue in May

 

Journalist İsmail Saymaz’s trial on the charge of “insult” (TCK 125) due to an article in which he wrote about a sexual abuse incident that had taken place in a religious cult resumed at the Istanbul 35th Criminal Court of First Instance on 1 February 2022. The prosecutor demanded that Saymaz be sentenced for “insulting” the cult leader. The court adjourned the case until 31 May 2022.

 

Özgür Boğatekin questioned on “terrorism propaganda” allegation

 

Local journalist Özgür Boğatekin, the news director of Gerger Fırat newspaper, was called in for questioning on the allegation of “terrorism propaganda” following an anonymous tip-off. Boğatekin went to the Gerger District Police Headquarters on 1 February 2022 to give his statement. The journalist was questioned about his profile photo on his social media account in which he makes a victory sign; a post he had shared about Taybet İnan, whose body remained on the street for seven days during the curfews in Silopi; and a report on a child who was attacked by wild animals in a snow-covered village.

 

Evrensel columnist Sevda Karaca faces new investigation due to 2020 article

 

Evrensel newspaper columnist Sevda Karaca was summoned to the courthouse to give her statement as part of an investigation launched by Aydın Chief Public Prosecutor's Office on the allegations of “targeting an official who took part in the fight against terrorism,” “insult and libel” and “terrorism propaganda” upon a complaint filed by Deputy Commander of the Gendarmerie Lt. General Musa Çitil.

 

Evrensel reported on 31 January 2022 that this was the second time Karaca was being summoned to give her statement due to her article published on 28 August 2020, which was titled “Musa Orhan’ı koruyan devlet kadınlara ne söylüyor?” (What the state that protects Musa Orhan is telling women). A previous criminal complaint Çitil had filed in 2020 for the same article by Karaca on the same allegations had been dismissed by the Istanbul Chief Public Prosecutor's Office.

 

Canan Kaya summoned to courthouse upon complaint by Demirören

 

Journalist Canan Kaya announced on her social media account on 31 January 2022 that she was summoned to give her statement by two police officers who came to her house. Kaya announced that she will give her statement to the prosecutor's office during the week. The summons was due to a complaint filed against her by the Demirören group.

 

At least 60 journalists and media workers in prison

 

As of 5 February 2022, at least 60 journalists and media workers are in prison in Turkey, either in pre-trial detention or serving a sentence.

 

The full list can be accessed here.

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