Appellate court upholds prison sentences handed in Özgür Gündem trial; RTÜK revokes decision requiring Euronews to obtain license; journalist Hasan Cemal, stage actor Genco Erkal acquitted; government reportedly working on bill to criminalize publishing unapproved data 

 

Regional appeals court upholds prison sentences in Özgür Gündem main trial

 

An appellate court in İstanbul ruled to uphold the 20-year-and-10-month prison sentences handed down in the Özgür Gündem main trial on publisher Kemal Sancılı, managing editor İnan Kızılkaya and chief editors Zana Kaya and lawyer and human rights defender Eren Keskin.

 

At the final hearing of the original trial which took place on 15 February 2021, the İstanbul 23rd High Criminal Court had sentenced Kemal Sancılı, İnan Kızılkaya and Eren Keskin to 6 years and 3 months each in prison for “membership in a terrorist organization,” while Zana Kaya was sentenced to 1 year and 13 months in prison on the charge of “spreading propaganda for a terrorist organization.”

 

Maintaining that the sentences were manifestly insufficient, the İstanbul Chief Public Prosecutor’s Office brought the case to the İstanbul Regional Court of Justice, the appellate court, and demanded that the defendants be separately sentenced for the charges of “disrupting the unity and integrity of the state,” “membership in a terrorist organization” and “making propaganda for a terrorist organization.”

 

Dismissing the prosecution’s appeal, the 27th Criminal Chamber of the İstanbul Regional Court of Justice ruled to uphold the sentences handed down on the journalists.

 

RTÜK revokes the broadcasting license requirement for Euronews

 

The Radio and Television Supreme Council (RTÜK), which previously demanded that the Turkish services of Voice of America (VoA), Deutsche Welle (DW) and Euronews apply for a license to keep their websites accessible in Turkey, revoked the requirement for Euronews in a new decision.

 

RTÜK members İlhan Taşcı and Okan Konuralp announced the decision on social media on 13 April 2022. Stating that the media watchdog decided to back down on its decision in respect of Euronews, Taşcı said the process was yet to be completed for DW and VoA, which had opted not to apply for a broadcasting license. Taşcı wrote: “In today’s Supreme Council meeting, the decision that necessitated tr.euronews.com to obtain a license was reversed since it changed its sections, video categories and broadcasting technique, subject to license. The website will be able to continue broadcasting without a license. However, since DW and VOA failed to apply for a broadcasting license yet, we are currently in the stage where the RTÜK will take the matter to court to block access to their websites. In the event that the Ankara Criminal Court of Peace decides in favor of RTÜK’s request, these two websites will be inaccessible from Turkey.”

 

On 21 February, RTÜK issued a notification requiring the Turkish services of VoA, DW and Euronews to apply for broadcasting licenses so as to continue their broadcasting activities on their websites. The news outlets were given 72 hours to comply with the requirement. In response, DW and VoA declared that they would not be applying for broadcasting licenses and would, instead, file lawsuits against the media watchdog’s decision.

 

RTÜK was authorized to supervise online radio and television broadcasts, including on-demand platforms, by a regulation that came into force on 1 August 2019.

 

Hasan Cemal acquitted at first hearing

 

Journalist Hasan Cemal, a columnist for T24 news portal and the founding president of P24, was acquitted of “insulting the president” at the first hearing of his trial held on 12 April 2022.

 

Cemal, 78, was on trial for two social media posts he shared in 2016 and 2020. The prosecutor asked the court to acquit Cemal, stating that the veteran journalist’s posts should be considered as comments and criticism, and therefore fell within the scope of freedom of expression. P24 monitored the hearing held at the İstanbul 41st Criminal Court of First Instance. You can find more details from the hearing and about the case in our report.

 

Genco Erkal acquitted of "insulting the president"

 

Renowned theater actor Genco Erkal, who was on trial for “insulting the president” over three social media posts from 2016 and 2020, was acquitted at the end of the third hearing held on 14 April 2022 at the İstanbul 16th Criminal Court of First Instance.

 

The prosecutor in the case requested the court to acquit 83-year-old Erkal, saying he made political comments and citing Article 26 of the Turkish Constitution (freedom of expression and dissemination of thought) and the relevant case-law of the European Court of Human Rights (ECtHR).

 

More details from the hearing, which was monitored by P24, and the case can be found in our report.

 

Draft law foresees up to 3 years in jail for publishing unapproved statistics

 

The government is working on a draft law which introduces up to three years in prison for researchers who publish unofficial data on indicators without first seeking approval of the statistics agency TÜİK, according to a news report by Bloomberg.

 

The report, dated 14 April, said the draft law would bar researchers from publishing any data on any platform without seeking approval from the statistics agency, which would have two months to assess methodology. Those found guilty of violating the law may face between one and three years in jail.

 

“Some of the manipulative statistics presented to the public under the name of scientific study without a clear methodology target both the Turkish Statistical Institute and the confidence in economic indicators,” according to the draft. Citing two officials from the ruling Justice and Development Party (AKP), Bloomberg said the AKP had planned to submit the draft law to Parliament this week but held off while further work is being done on it.

 

The draft law is widely believed to target independent research group ENAG, which has been publishing its own inflation statistics that differ widely from TÜİK’s. ENAG reported an annual inflation rate of 142.63% in March, more than double the official figure of 61.14% for the same month.

 

Writer Ergün Poyraz attacked in Aydın

 

Writer Ergün Poyraz was subjected to battery perpetrated by three individuals outside his house in the Kuşadası district of Aydın province on 11 April 2022. Poyraz was rushed to hospital and taken to intensive care unit.

 

The next day, six individuals were arrested in connection with the attack. Poyraz addressed the media after he was discharged from intensive care, and claimed that Kuşadası Mayor Ömer Günel and a private company, engaged in business dealings with the municipality, which the writer alleged was “famously close to the terrorist organization,” were behind the attack.

 

Following Poyraz’s allegations, Kuşadası Mayor Ömer Günel filed a criminal complaint against the writer. “When he was released from intensive care yesterday, he said, ‘I was beaten by PKK members and the mayor was behind the attack.’ This is a serious accusation. He must have information and documents at his disposal. If so, he should prove his claim; and if not, he should be investigated for insult,” the mayor said.

 

Metin Cihan’s TÜGVA leaks trial adjourned until May

 

The second hearing in the trial of citizen journalist Metin Cihan on the charge of “illegally acquiring and disseminating personal data” for publishing leaked documents from the pro-government foundation Turkey Youth Foundation (TÜGVA) was held on 15 April 2022 at the İstanbul 22nd Criminal Court of First Instance.

 

The documents, which were published by Cihan on his Twitter account in October 2021, show alleged nepotism in appointments to a large number of positions in the military, police department and other state institutions. Cihan is on trial along with a TÜGVA worker, Ramazan Aydoğdu, who is accused of providing the documents to Cihan and has been held in pre-trial detention. Aydoğdu attended the hearing, which was monitored by P24, via judicial videoconferencing system SEGBİS from the prison. Cihan, who lives abroad, was represented by his lawyer.

 

Announcing its interim decision at the end of the hearing, the court accepted TÜGVA’s request to join the case as plaintiff. Lawyers for the defendants argued against the indictment and TÜGVA’s request to join the case, saying TÜGVA was a legal entity and thus cannot possess “personal data.” More details about the case and Friday’s hearing can be found in our report.

 

Two journalists arrested in Diyarbakır

 

Scores of people, including the publisher of Kurdish-language Xwebûn newspaper, Kadri Esen, and journalist Ali Koçer, were arrested in house raids conducted in early hours of 15 April 2022 in Diyarbakır. 

 

The arrests were reportedly a part of an investigation into this year’s Newroz celebrations that were held in March in the province. News reports said warrants were issued for the arrests of a total of 57 people.

 

Cumhuriyet reporter Nagihan Yılkın faces a compensation lawsuit for TL 400,000

 

An investigation was launched against Cumhuriyet newspaper reporter Nagihan Yılkın over a news report titled “Valilikte yolsuzluk ve rüşvet ağı ortaya çıktı” (“Corruption and bribery network in the governor’s office revealed”), which, ultimately, turned into a compensation lawsuit against the journalist for TL 400,000.

 

Access to Yılkın’s news report at issue was previously blocked upon the complaint of Gaziantep Governor Davut Gül, Yılkın announced on Twitter on 12 April 2022.

 

SADAT sues Evrensel, columnist over article

 

SADAT, a private security firm with close ties to the government, has filed a lawsuit against daily Evrensel and journalist Yusuf Karadaş, accusing them of “damaging its commercial reputation” in an article published in October 2021.

 

The article, titled "SADAT, the shady organization of the government” refers to SADAT as a “private army” designed to serve President Recep Tayyip Erdoğan’s domestic and foreign policy objectives.

 

SADAT’s lawyers said in a petition submitted to the Büyükçekmece 3rd Criminal Court of First Instance in İstanbul that the article harmed its commercial reputation and disrupted commercial activities. The company demanded 25,000 liras (1,578 euros) for non-material damages.

 

New criminal lawsuit filed against Arafat Dayan

 

Journalist Arafat Dayan is charged with “making propaganda for a terrorist organization” under Article 7/2 of the Anti-Terror Law (TMK) over his social media posts in a new indictment.

 

Issued by the Mersin Chief Public Prosecutor’s Office on 25 March 2022, the indictment cites five social media posts Dayan shared in November 2020 on Twitter as evidence for the accusation.

 

The indictment was accepted by the Mersin 7th High Criminal Court. In the preliminary proceedings report, dated 6 April 2022, the court issued an arrest warrant against Dayan. The first hearing in the trial will be held on 7 October 2022.

 

Appellate court ordered Ali Ergin Demirhan to pay compensation

 

An Istanbul court ordered editor Ali Ergin Demirhan to pay state broadcaster TRT TL 20,000 in respect of non-pecuniary damage over a news article published on 8 July 2019 on sendika.org.

 

According to a news report published on 13 April 2022 on sendika.org, TRT filed a compensation lawsuit against Demirhan over a news article titled “TRT onurlandırıldı: Türkiye’nin ‘terörist’ saydığı HTŞ’den plaket aldılar” (“TRT was honored: They received a plaque from Tahrir al-Sham, a ‘terrorist organization’ according to Turkey”), however the lawsuit was dismissed by the İstanbul 8th Civil Court of First Instance.

 

Following the appeal filed by TRT, the 4th Civil Chamber of the İstanbul Regional Court of Justice overturned the decision of the first instance court and ordered Demirhan to pay TL 20,000 (1,263 euros) on the grounds that the news report at issue was false. Sendika.org reported that the total amount they were ordered to pay would exceed TL 30,000 (1,894 euros), including the lawyer fees and the interest.

 

Ceren Sözeri’s trial to resume in October

 

The sixth hearing in the compensation lawsuit filed by pro-government Turkuvaz Media Group against Ceren Sözeri, an academic and a columnist for Evrensel daily, was held on 13 April 2022 at the İstanbul 2nd Commercial Court of First Instance.

 

The case stems from an article Sözeri penned, titled “AKP’ye kim oy kaybettirdi” (“Who Caused the Slide in AKP’s Votes?”), published on 7 April 2019. Turkuvaz Media Group is seeking TL 200,000 in non-pecuniary damage in the lawsuit.

 

P24 monitored the hearing, attended by Sözeri’s lawyer. The plaintiff in the case, Serhat Albayrak, the CEO of Turkuvaz Media Group and brother of President Erdoğan’s son-in-law and former Finance Minister Berat Albayrak, was also represented by a lawyer.

 

In view of the fact that the case file lacked the details pertaining to the social and economic situation of the defendants, Albayrak’s lawyer requested that the missing information be provided by their lawyer so as to avoid dragging out the proceedings. In response, Sözeri’s lawyer rejected the request, as she was not informed of the social and economic situation of her clients.

 

Ruling to issue a memo to law enforcement to investigate the social and economic situation of the defendants, the court adjourned the trial until 5 October 2022.

 

Deniz Yücel’s trial postponed to September

 

The third hearing in the trial of Deniz Yücel, a reporter for Die Welt, on the charges of “insulting the president” (TCK 299) and “publicly degrading Turkish nation, the State of the Republic of Turkey, the Grand National Assembly of Turkey, the government of the Republic of Turkey and the judicial bodies of the state” (TCK 301) over three articles he penned in 2016 was held on 12 April 2022 at the İstanbul 2nd Criminal Court of First Instance.

 

P24 monitored the hearing, attended by Deniz Yücel’s lawyer Erselan Aktan. Recalling the Vedat Şorli v. Turkey judgment delivered by the European Court of Human Rights (ECtHR), Aktan said, “The court has the authority to rule for acquittal even now. I demand that my client be acquitted without awaiting the response to letters rogatory.”

 

Ruling to wait for the response to letters rogatory issued for Yücel’s statement to be taken in his country of residence, the court adjourned the trial until 29 September 2022.

 

Trial of Sibel Hürtaş postponed

 

The second hearing in the trial of journalist Sibel Hürtaş on the charge of “resisting police officers in order to prevent them from performing their duty” under Article 265 of TCK was held on 12 April 2022 at the Ankara 37th Criminal Court of First Instance. The case was filed upon a criminal complaint by four police officers who forcefully detained the journalist as she was covering a demonstration on 3 July 2020 in Ankara in protest against the government’s draft law for the establishment of multiple bar associations in provinces. 

 

Sibel Hürtaş and her lawyer Sercan Aran attended the hearing, during which journalist Sultan Özer was heard as a witness. In her statement, Özer stated that Hürtaş was not involved in a physical attack against police officers in any shape or form. Özer said: “When Sibel came to the area, she said she was a journalist and wanted to pass through the [police] barricade, but the police did not allow her to enter the area. Later, she could enter the area in the vehicle of a deputy. I realized that their chiefs were pointing towards Sibel Hürtaş and police officers in plain clothes were circling around her. Then, all of a sudden, there was a brawl and I saw officers in plain clothes grab Sibel’s arm and drag her towards a vehicle. Then, she was forcibly put into the vehicle. Sibel resisted only to the point of holding herself back so as not to get in the vehicle, and said, ‘I am a journalist. You cannot prevent me from performing my duty.’ She was not involved in any assault. After she was released from custody, I saw that she had bruises on her arms and I took her pictures.”

 

At the first hearing held on 9 November 2021, the court decided to have complainant police officers forcibly brought to the courtroom. Ruling to inquire as to why the warrant to forcibly bring police officers to the courtroom was not executed, the court adjourned the trial until 27 October 2022. 

 

 

İsmail Saymaz acquitted of the “insult” charge

 

Journalist İsmail Saymaz was acquitted in the latest hearing of a trial, in which he was charged with “insult” on the basis of a criminal complaint by Büreyde Öncel, a self-professed cult leader. The hearing took place on 15 April 2022 at the İstanbul 16th Criminal Court of First Instance. 

 

A criminal lawsuit was filed against Saymaz over his 2020 remarks concerning the cult leader, in which he said that Öncel was prosecuted for sexual abuse of minors, on the charge of “insult” at the İstanbul 35th Criminal Court of First Instance. Saymaz was charged with “insult” in yet another lawsuit, over his article titled “Şehvetiye Tarikatı ile davamız var” (“We will go on trial with the Lustful Cult”), in which he mentioned the said case against him, published in May 2021 in Sözcü newspaper, at the İstanbul 16th Criminal Court of First Instance. 

 

Journalist Hikmet Tunç presents her defense statement in retrial

 

JinNews reporter Hikmet Tunç gave her defense statement as part of her retrial on the charge of “insult” on 8 April 2022. Tunç was sentenced to 8 months and 22 days in prison for “insulting” Harun Yücel, who was appointed as a trustee to the local Muradiye Municipality in Van province by the government.

 

The accusation stemmed from Tunç’s news report titled “Yıkımı yapıp kaybolmuşlar” (“They vanished after the destruction”). Tunç’s lawyer appealed against the court’s verdict, which was rendered in a “simple trial procedure,” where Tunç’s defense statement was not taken.

 

In her defense statement given at the Van 4th Criminal Court of First Instance as part of the retrial, Tunç said that her news report fell within the scope of journalism. Stating that there was no element of insult in her news report, Tunç said, “My news article concerning the government-appointed trustee cites a report prepared by a political party. The report was listing the irregularities perpetrated by the trustee and I covered those.”

 

Tunç’s news report in dispute claimed that government-appointed trustee Harun Yücel gave tenders to companies in the amount of TL 4 million 500 thousand for a project involving the landscaping and recreation of Muradiye Waterfall, but the companies disappeared before completing the project. Yücel filed a criminal complaint against Tunç for “insult” on the allegation that she “made false news.”

 

Ahmet Sever’s “insult” case postponed

 

The 10th hearing in the trial where journalist Ahmet Sever, a former press advisor to President Abdullah Gül, is charged with “insulting a public official” under Article 125 of the Turkish Penal Code (TCK) took place on 14 April 2022 at the İstanbul 2nd Criminal Court of First Instance. The accusations stem from Sever’s book titled “İçimde Kalmasın: Tanıklığımdır” (“I Wanted to Get It Out of My System: My Testimony”), originally published in 2018.

 

The hearing began after a 5-hour delay. Filiz Aydın, Sever’s lawyer, was in attendance. The complainant Mustafa Varank, Minister of Industry and Technology, was also represented by a lawyer. Citing COVID-19, the presiding judge did not allow press members or spectators to observe the hearing.

 

Ruling to wait for the response to letters rogatory issued for Sever’s statement to be taken in his current country of residence, the court adjourned the trial until 6 October 2022.

 

The case is based on a complaint filed by Minister of Industry and Technology Mustafa Varank.

 

HDP press employee Vedat Dağ handed down a prison sentence of 10 years and 3 months

 

The 12th hearing in the trial where Vedat Dağ, the press relations officer for the Diyarbakır branch of the Peoples’ Democratic Party (HDP), is charged with “threat” under Article 106 of the TCK, “membership in a terrorist organization” under Article 314 of the TCK and “making propaganda for a terrorist organization” under Article 7/2 of the Anti-Terror Law (TMK) was held on 13 April 2022 at the Diyarbakır 11th High Criminal Court.

 

The prosecutor reiterated their final opinion, submitted in the previous hearing, and asked the court to punish Dağ on the charges of “membership in a terrorist organization” and “making propaganda for a terrorist organization.”

 

In her defense statement in response to the prosecutor’s final opinion, Dağ’s lawyer Gulan Çağın Kaleli rejected the accusations and asked the court to acquit Dağ, 

 

Announcing its decision at the end of the hearing, the court sentenced Dağ to 6 years and 3 months on the charge of “membership in a terrorist organization”; to 1 year and 6 months on the charge of “making propaganda for a terrorist organization,” and to 2 years 6 months on the charge of “threat” in prison.

 

54 journalists and media workers behind bars

 

Over the past week, we have received information that two journalists who were on our list of imprisoned journalists -- former Zaman and Cihan News Agency reporter Beytullah Özdemir and Cihan News Agency Ankara news editor Kazım Canlan -- have been released in different dates upon serving their sentences. Both Zaman newspaper and the Cihan News Agency were shut down by an emergency decree in the aftermath of the July 2016 coup attempt.

As of 16 April 2022, at least 54 journalists and media workers are in prison in Turkey, either in pre-trial detention or serving a sentence.

You can see the updated list here.