“Disinformation” bill presented to Parliament; journalist Memduh Bayraktaroğlu convicted of “insulting the president;” Eren Keskin and Reyhan Çapan convicted; Bakur retrial gets under way

 

“Disinformation” bill presented to Parliament

 

A 40-article bill drafted by the government to "fight disinformation and false news" was submitted to Parliament on 27 May. The bill, which has long been in the making and was jointly signed by deputies from the ruling AKP and ally MHP, is expected to be passed in Parliament in June.

 

The bill proposes up to three years in prison for "spreading false information pertaining to the internal or external security of the country, public order and general health for the purpose of instigating worry, fear and panic among the public." The sentence could be increased by half in cases where the "perpetrator's identity is concealed or when the crime is committed as an act of [criminal] organization."

 

The bill also amends the Press Law to recognize the status of news websites under the Press Law. It means the news websites will be able to receive public advertisement revenues and their employees will be eligible to apply for press cards. It also brings them, however, under the supervision of the Press Advertising Agency (BİK), widely criticized for favoring pro-government publications while sanctioning critical newspapers.

 

The bill also tightens restrictions on the social media platforms: Social media platforms will have to appoint a representative who is not only a Turkish national but also resides in Turkey. They will also be subject to advertisement bans and bandwidth throttling if they refuse to cooperate with local authorities in information requests.

 

Journalist Bayraktaroğlu convicted of “insulting the president”

 

Memduh Bayraktaroğlu, a columnist for the Korkusuz newspaper, has been sentenced to 1 year 2 months and 17 days in prison for remarks that were deemed to be “insulting the president.”

 

Bayraktaroğlu announced the verdict of conviction in his column on 19 May 2022, saying he was convicted because he had written that President Recep Tayyip Erdoğan “licked an ice cream” offered by his Russian counterpart, Vladimir Putin, at an air show during a visit to Moscow in August 2019. The court decision dated 29 March 2022 says that Bayraktaroğlu’s comments were “belittling” and “tarnished the reputation” of the president and therefore could not be regarded to be within the scope of the freedom of the press.

 

Court fines Eren Keskin, Reyhan Çapan in case over Berkin Elvan coverage

 

An İstanbul court on 24 May 2022 convicted lawyer and human rights defender Eren Keskin, who is also the former co-editor-in-chief of the now-defunct Özgür Gündem newspaper, and Reyhan Çapan, the newspaper’s former responsible managing editor, of “exposing the identity of an underage victim” over the Özgür Gündem’s coverage of Berkin Elvan, who was killed after sustaining a head injury during the Gezi Park protests of 2013.

 

The İstanbul 2nd Criminal Court of First Instance, which oversaw the trial, sentenced Keskin and Çapan to each pay TL 12,500 (713 euros), for five reports published in Özgür Gündem in 2013 and 2014.

 

Keskin and Çapan were originally prosecuted and sentenced in March 2019 by the İstanbul 2nd Criminal Court of First Instance to pay a fine of TL 10,416 but the Supreme Court of Cassation overturned that verdict on 12 October 2020, saying the fine should have been higher, and therefore ordered a retrial.

 

Çayan Demirel’s judicial control measures lifted as Bakur retrial begins

 

A court in the southeastern province of Batman began on 26 May 2022 the retrial of journalist Ertuğrul Mavioğlu and documentary filmmaker Çayan Demirel, who co-directed the documentary Bakur (North), on the charge of "spreading propaganda for a terrorist organization."

 

Demirel and Mavioğlu, who were prosecuted over their 2015 documentary about PKK militants’ withdrawal during the short-lived Peace Process, were each sentenced to 4 years and 6 months in prison at the end of their original trial that was concluded in July 2019, one of the heaviest punishments recorded so far on a "propaganda" charge. A regional court of appeals, however, later overturned the verdict because of the trial court's refusal to apply legal reductions in sentencing, ordering a retrial.

 

The Batman 2nd High Criminal Court ruled at the end of the first hearing of the retrial to lift judicial control measures imposed on Demirel, who attended the court session. The court rejected a similar request made on behalf of Mavioğlu by his lawyer because of his absence in the courtroom. The trial was adjourned until 22 September 2022.

 

Trial of Semiha Şahin and Pınar Gayıp adjourned until September

 

The 18th hearing in the long-running trial of Etkin News Agency (ETHA) news editor Semiha Şahin and reporter Pınar Gayıp on charges of “membership in a terrorist organization” and “spreading propaganda for a terrorist organization” was held on 26 May 2022 at the İstanbul 23rd High Criminal Court.

 

Şahin and Gayıp did not attend the hearing, which was monitored by P24. The prosecutor repeated his final opinion on the case and asked the court to convict Şahin and Gayıp. In his final opinion submitted on 22 March, the prosecutor asked the court to convict Gayıp and Şahin of “membership in a terrorist organization” and “spreading propaganda for a terrorist organization.” He cited the fact that Şahin and Gayıp work for ETHA, along with some of their social media posts and journalistic activities, as evidence to back up the charges.

 

Şahin’s lawyer Özcan Karakoç told the court that the prosecutor’s final opinion was the same as the indictment. He noted that employment at ETHA was not a crime and asked for the acquittal of Şahin.

 

Gayıp’s lawyer Kader Tonç said the trial process was full of unlawfulness since the beginning of the investigation and argued that there was no evidence submitted into the case file that would justify a conviction verdict. “The impugned crime is not clear. It is a violation of the freedom of expression and the press to issue a conviction verdict as a result of an investigation that was conducted unlawfully,” she said, demanding Gayıp’s acquittal.

 

The court adjourned the trial until 14 September 2022 for further examination of the file.

 

Vice News trial adjourned until November

The 14th hearing in the trial of two Vice News journalists and their translator who were detained in August 2015 when reporting in Diyarbakır during military operations in the region was held on 26 May 2022 at the Diyarbakır 8th High Criminal Court.

As part of the trial, Vice News cameraman Philip John Pendlebury is charged with “aiding a terrorist organization,” while reporter Jake Hanrahan stands accused of “aiding a terrorist organization,” “terrorism propaganda” and “violating the Law on Prevention of the Financing of Terrorism.” Translator Mohamed Ismael Rasool is similarly charged with “aiding a terrorist organization” and “violating the Law on Prevention of the Financing of Terrorism.” Hanrahan and Pendlebury were imprisoned pending trial until September 2015, while Rasool was released in January 2016.

Defense lawyers attended the hearing, while the defendant journalists were not present. The court ruled to wait and follow up for the response of the Ministry of Justice to the letter requesting that the statements of the journalists be received in the UK, adjourning the trial until 29 November 2022.

Eren Tutel’s trial adjourned until November

 

The third hearing in the trial of Eren Tutel, BirGün newspaper sports editor, for “insulting a public official” on the basis of his news report over Turkish Wushu Federation was held on 24 May 2022 at the İstanbul 2nd Criminal Court of First Instance.

 

Tutel’s lawyer Tolgay Güvercin and plaintiff’s lawyer Mustafa Gülcü were present at the hearing, monitored by P24. The plaintiff’s lawyer Gülcü stated that the news in question had “distorted the truth” and that it was an attack on the reputation of the plaintiff. Gülcü asked for the conviction of Tutel saying the news went beyond the freedom of expression.

 

Tutel’s lawyer Güvercin reminded, on the other hand, that a journalist could not be expected to investigate all material aspects of an issue like a public prosecutor and requested the journalist’s acquittal.

 

The prosecutor asked for the submission of the case file to his office to prepare his final opinion. The court ruled to send the file to the prosecutor’s office and adjourned the trial until 17 November 2022.

 

Barış Barıştıran’s retrial adjourned until October

 

The retrial of Barış Barıştıran, the former executive director of Özgür Gün TV that was closed down under a statutory decree, continued at the Diyarbakır 8th High Criminal Court on 24 May 2022.

 

Barıştıran is charged with “terrorism propaganda” 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 returned the file to the trial court.

 

Barıştıran did not attend the hearing. His lawyer, Resul Temur, was present in the courtroom.

 

The court stated that the Radio and Television Supreme Council (RTÜK) responded for the warrant about whether the DTK congress was broadcast on Özgür Gün TV in parts or as a whole by sharing related fooatges.

 

Deciding to send the file to an expert for the preparation of an expert report on the footage shared by RTÜK, the court adjourned the trial until 13 October 2022.

 

Burhan Ekinci’s trial adjourned

 

The fifth hearing in the trial of journalist Burhan Ekinci on the charge of “terrorism propaganda” over his social media posts was held on 26 May 2022 at the İstanbul 30th High Criminal Court.

 

The lawyer for Ekinci demanded his client’s statement to be taken in Germany, where he currently resides.

 

The court rejected the demand for Ekinci to testify in Germany, saying that a letter rogatory sent to Germany was rejected in pursuant to Article 2 of the European Convention on Mutual Legal Assistance in Criminal Matters. Ruling to wait the execution of the arrest warrant issued against Ekinci, the court adjourned the trial until 27 September 2022.

Nazan Özcan testifies in investigation launched into news report

 

An investigation was launched by the İstanbul Chief Public Prosecutor’s Office against journalist Nazan Özcan upon a complaint filed by President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal for “insult” and “defamation” over a news report.

 

Özcan gave her statement on 25 May 2022 at the İstanbul Police headquarters, denying the accusations against her and stating that the news in question was part of journalism. 

 

The news report in question covers a lawsuit brought by İnal against news portal İleri Haber journalists Doğan Ergün and İzel Sezer over an article that covered allegations of bribery, which were published in a book written by journalists Barış Terkoğlu and Barış Pehlivan.

 

At least 52 journalists and media workers in prison

 

As of 27 May 2022, at least 52 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.