Five police officers to face trial for using force against journalist; RTÜK fines TV channels for broadcasting opposition leader’s statement; Derya Okatan acquitted; Zelal Tunç handed down prison term; appellate court upholds Aslı Erdoğan’s acquittal; Uğur Dündar ordered to pay fine

RTÜK fines TV channels for broadcasting opposition leader’s statement

The Radio and Television Supreme Council (RTÜK) issued on 30 May 2022 administrative fines against four television channels for broadcasting a video in which the main opposition leader Kemal Kılıçdaroğlu claimed substantial amount of money had been transferred to the US via foundations close to the government.

 

RTÜK ordered Halk TV, Tele 1, KRT TV and Flash TV to pay 3 percent of their monthly advertisement revenues as fines. “This is a decision that should go down in history,” İlhan Taşcı, an opposition member of RTÜK who objected to the decision, wrote on Twitter. “It means RTÜK is engaged in intimidating broadcasters by fining them for broadcasting the opposition leader’s statements even when the network of relations and the documents he revealed are all out in the open.”

 

Okan Konuralp, another RTÜK member from the opposition, similarly called the decision a “milestone in the history of RTÜK.” He said: “This is the first time during my term that a political party leader is directly the target of sanctions. This is not a punishment against the four television channels for broadcasting Mr. Kılıçdaroğlu’s statement. They went beyond that and mean to tell him [Kılıçdaroğlu] ‘we will attempt to silence you by punishing the television channels.”

 

RTÜK also fined FOX TV separately for a news broadcast, in which newscaster Selçuk Tepeli angrily knocked a glass full of water off the desk in reaction to a report focusing on the problems of agriculture and farmers.

 

 

Police officers perpetrating violence against Gökhan Biçici to appear before judge

 

Five police officers who used force against Gökhan Biçiçi, the editor-in-chief of dokuz8HABER news portal, when he was covering Gezi protests in İstanbul will face trial after nine years.

 

Biçici was subjected to violence when following the Gezi protests in Şişli, İstanbul on 16 June 2013. The İstanbul Chief Public Prosecutor’s Office launched an investigation after Biçici filed a complaint against the officers involved but it eventually decided in 2014 that there was no ground for prosecution. Biçici then applied to the Constitutional Court. The Constitutional Court ruled on 8 June 2021 unanimously that Biçici’s right to freedom of expression and the press was violated as a result of the police intervention and sent the file to the İstanbul Public Chief Public Prosecutor’s Office for a reinvestigation so that the consequences of the violation could be remedied.

 

The Prosecutor’s Office launched an investigation following the Constitutional Court judgment but ruled again not to prosecute the police officers 3 December 2021, citing the statute of limitations. Biçici’s lawyer then filed an objection to the İstanbul 6th Criminal Judgeship of Peace, which ruled on 5 April 2022 that the application of the statute of limitations was against the procedure and norms. Following that decision, the İstanbul Chief Public Prosecutor’s Office finally drafted an indictment against the police officers A.E., F.K., G.D., O.E. and Y.U. on the charges of “exceeding the limits of the authority to use force”, “insult” and “actual bodily harm.”

 

The indictment was accepted by the İstanbul 48th Criminal Court of First Instance. The first hearing of the trial will be held on 30 June 2022.

 

Police break up Gezi Protest commemoration, detain journalists

 

At least six journalists were detained as the police broke up a demonstration held in İstanbul on 31 May 2022 on the ninth anniversary of the Gezi Protests. More than 100 people were reported to have been arrested during the demonstration in the Taksim area.

 

In addition to detentions, many journalists were also battered by the police forces, according to the Turkish Journalists’ Union (TGS) and several news reports. Journalists who were detained during the police intervention were identified as Ozan Demiriz from Halk TV, Dilan Polat, Sevda Doğan and Derin Aydoğdu from Flash TV, BirGün correspondent Gökay Başcan and Evrensel correspondent Meltem Akyol. They were released early in the morning on 1 June after giving their statements to the police.

AFP photo reporter Bülent Kılıç and journalist Hayri Tunç were hit with tear gas at close range during the police intervention, while a large number of journalists including TELE 1 correspondent Engin Açar were prevented from filming the demonstration.

On the same day, the security forces also prevented journalists from filming the protests held in Ankara and İzmir to mark the Gezi anniversary. In İzmir, photojournalist Berkcan Zengin fell to the ground after being violently pushed by police officers. At least three reporters were prevented from entering the demonstration site in Ankara.

Journalists who were subject to police violence filed a complaint against the police officers involved in 3 June at the İstanbul Courthouse.

Journalist Dicle Müftüoğlu taken into custody

 

Dicle Fırat Journalists’ Association (DFG) Co-Chair and Mezopotamya News Agency editor Dicle Müftüoğlu was arrested on 3 June after she was summoned to the Diyarbakır Police Directorate to give her statement as part of an investigation.

 

Müftüoğlu’s house was also raided earlier in the day. The reason for her arrest was not immediately disclosed.

 

TELE 1 reporter detained in Hagia Sophia during interview

 

TELE 1 reporter Engin Açar was detained at Hagia Sophia while conducting an interview about reports of physical damage to the historic building following its conversion from museum to a mosque. After giving his statement at the police, Açar was released later in the same day.

 

Açar was detained on the grounds that he was shooting with his mobile phone, although it was seen that the police officers did not intervene in the tourists doing the same.

 

Derya Okatan acquitted

The sixth hearing in the trial of journalist Derya Okatan, who is charged with “defamation” for an article published by the Etkin News Agency (ETHA) during her term as the responsible managing editor, was held on 31 May 2022 at the İstanbul 39th Criminal Court of First Instance.

The article, published on 1 May 2016, was titled “Mersin Kadın Platformu: Tacizci avukat Onur Kale’yi teşhir ediyoruz” (Mersin Women’s Platform: We are exposing molester lawyer Onur Kale.”

Okatan, who did not attend, was represented by her lawyer Mehmet Ali Koç at the hearing. The presiding judge did not allow journalists to enter the courtroom, citing pandemic measures. Announcing the verdict at the end of the hearing, the judge ruled for the acquittal of Okatan, concluding that she didn’t have wrongful intention, nor negligence in relation to the impugned offence. More details on the hearing can be found here.

Appellate court upholds acquittal of Aslı Erdoğan

 

A regional court of appeals upheld on 31 May 2022 a lower court verdict ordering the acquittal of novelist and columnist Aslı Erdoğan in a retrial where she was charged with “terrorism propaganda” for a series of articles published in the now-defunct Özgür Gündem newspaper.

 

Ruling that the evidence against Erdoğan was not sufficient for conviction, the appellate court rejected the İstanbul Chief Public Prosecutor’s Office’s arguments that were brought forward for the acquittal decision to be reversed.

 

The İstanbul 23rd High Criminal Court had acquitted Erdoğan on 10 February 2022, ruling that the elements of the offence did not exist.

 

 

Journalist Zelal Tunç sentenced to prison

 

The first hearing in the retrial of JinNews reporter Zelal Tunç, who is charged with “insulting a public official” for a news report titled “Yıkımı yapıp kaybolmuşlar” (They destroyed and then disappeared), was held on 31 May 2022 at the Muradiye Criminal Court of First Instance in Van.

 

Tunç and her lawyers did not attend the hearing. Announcing its verdict at the end of the session, the Van court convicted Tunç of “insulting a public official” and sentenced her to 11 months and 20 days in prison. The announcement of the verdict was deferred.

Tunç was previously sentenced to 8 months and 22 days in prison for “insulting” Harun Yücel, who was appointed as a trustee to take over the Muradiye district municipality. The conviction was later overturned after Tunç’s lawyer filed an appeal on the grounds that her client’s defense statement had not been heard in the course of trial, which had been held on the basis of “simple trial procedure.”

 

Uğur Dündar ordered to pay compensation

 

The first hearing in the retrial of Uğur Dündar on the charge of “insulting a public official” was held at the Küçükçekmece 2nd Criminal Court of First Instance on 1 June 2022.

 

Dündar is accused of “insulting” then Transportation Minister Binali Yıldırım over a column he penned on 5 April 2014.

 

Dündar and his lawyers attended the hearing. The prosecutor insisted that the sentences in the article “Thank God, his surname is Binali! It could have been Milyonali!” constituted insult and asked the court to convict the seasoned journalist. Dündar, on the other hand, rejected the accusations saying he was lauded even by Yıldırım as an impartial and trustworthy journalist.

 

The sentences in question contain a pun on Yıldırım’s name, whose first three letters also mean a “thousand” in Turkish. “Milyon” means million.

 

The court sentenced Dündar to 11 months and 20 days in prison on the charge of “insult.” His prison sentence was then commuted to a judicial fine of TL 10,500 (591.83 euros).

 

Prosecutor seeks conviction against Engin Eren

 

The 30th hearing of 66 defendants including Engin Eren, a former reporter for the shuttered pro-Kurdish Dicle News Agency (DİHA), was held at Batman 2nd High Criminal Court on 3 June 2022. The defendants are charged with “membership in a terrorist organization,” “violating the Law on Military Forbidden Zones and Security Zones and the Law on Demonstrations and Public Meetings.”

 

Presenting the opinion as to the accusations, the prosecutor requested that Eren be convicted for the impugned offences.

 

The court granted time for the defendants and their lawyers to prepare their defense against the prosecutor’s opinion and adjourned the trial until 14 October 2022.

 

“Insult” case against Charlie Hebdo editors, cartoonist adjourned

 

The second hearing in a trial where three executives of the French satirical magazine Charlie Hebdo -- Julien Serignac, Gérard Biard and Laurent Sourisseau -- and cartoonist Alice Petit are charged in absentia with “insulting the president” was held at the Ankara 2nd Criminal Court of First Instance on 1 June 2022.

 

The accusation stems from a caricature of President Recep Tayyip Erdoğan that was published on the cover of the weekly’s 28 October 2020 issue.

 

Ruling to await response for the rogatory letter which was issued on 19 November 2021 to get ID information and addresses of the defendants in France, the court adjourned the trial until 1 December 2022.

 

Investigation launched against journalist Rabia Çetin

The İzmir Chief Public Prosecutor’s Office has launched an investigation against journalist Rabia Çetin on the charge of “marking people assigned in fight against terrorism as a target.” News reports said the investigation stemmed from Çetin’s social media post about a trial launched against the father of Deniz Poyraz, an employee of the pro-Kurdish Peoples’ Democratic Party’s (HDP) who was killed in an armed attack on a party building in June 2022.

On 30 May 2022, police officers went to Çetin’s house in İstanbul and called the journalist to testify. Çetin then gave her statement in Kağıthane District Police Department, where she was asked about the social media post in question. Announcing the investigation on Twitter, Çetin said, “Bekir Bozdağ (Minister of Justice) had said that there was not a single person who was prosecuted over a tweet. He was right, the investigation was launched on the charge of ‘marking a prosecutor involved in fight against terrorism as a target’ because I retweeted a tweet about the case brought against Deniz Poyraz’s father. So yes, not because of a tweet but a retweet!”

Çetin had retweeted the following tweet posted by the Twitter account named Deniz Poyraz Davası (Deniz Poyraz Case): “The prosecutor who did not conduct an effective investigation to shed light upon the assault and murder and prevented the real perpetrators from being uncovered, filed a lawsuit on the charge of terrorism propaganda against #DenizPoyraz’s grieving father.”

Journalist Berivan Altan faces “incitement” investigation

 

The Ankara Chief Public Prosecutor’s Office has launched an investigation against Mezopotamya Agency reporter Berivan Altan on the charge of “inciting hatred and hostility.”

 

Mezopotamya reported on 2 June that the investigation stemmed from Altan’s news article titled “Ankara’da Kürt aileye ırkçı saldırı: Kadın ve çocuklar mahalleden çıkarıldı” (Racist attack against Kurdish family in Ankara: Women and children were taken out of the neighborhood). Altan gave her statement as part of the investigation at the Ankara Police Directorate.

İsmail Saymaz’s trial adjourned

The latest hearing in the trial of journalist İsmail Saymaz, who is charged with “insult” over a column he wrote on an alleged incident of sexual abuse involving a religious group, was held at the İstanbul 35th Criminal Court of First Instance on 31 May 2022.

The hearing, attended by lawyers, was monitored by P24. Representing Saymaz, lawyer Aslı Kazan requested that the hearing be recorded via judicial videoconferencing system (SEGBİS). Accepting Kazan’s request, the court ordered for technical staff to install the SEGBİS and adjourned the hearing until 15 June 2022.

Can Dündar’s trial adjourned until October

 

The 16th hearing in a trial in which exiled journalist Can Dündar, the former editor-in-chief of Cumhuriyet newspaper, is prosecuted for participating in a solidarity campaign launched to support now-defunct Özgür Gündem newspaper took place on 31 May 2022 at the İstanbul 22nd High Criminal Court.

 

Dündar is accused of “printing or publishing statements of a terrorist organization” and “spreading propaganda for a terrorist organization” for editing the newspaper for a day as part of the solidarity campaign in June 2016. The accusations stem from two articles that were published on the day when Dündar was the symbolic editor-in-chief of the newspaper.

 

The court adjourned the trial until 13 October 2022, ruling to wait for the execution of a standing warrant for Dündar’s arrest and the return of rogatory letter from abroad.

 

 

Velat Öztekin’s trial adjourned until November

 

The second hearing in the trial of Velat Öztekin, a former reporter of the shuttered Kurdish newspaper Azadiya Welat, on the charge of “insulting the president” over two cartoons he shared on social media in 2015 and 2016 was held at the Diyarbakır 7th Criminal Court of First Instance on 31 May 2022.

 

The court adjourned the trial until 8 November 2022, ruling that the response to a warrant to forcibly bring Öztekin to the court be awaited.

 

In the previous hearing, the court had ordered for Öztekin, who did not attend the hearing because he was abroad, to be brought to the next hearing by force for his defense statement to be heard.

 

Trials of Hayko Bağdat adjourned

 

The seventh hearing in the trial of journalist Hayko Bağdat on charges of “insulting the president” and “inciting hatred and hostility” resumed on 1 June 2022 at the Istanbul 50th Criminal Court of First Instance.

 

P24 monitored the hearing, which was attended by his lawyer Merve Ömeroğlu. Bağdat, who lives abroad, did not attend the hearing. Ömeroğlu asked for the deficiencies in the file to be completed and the return of rogatory letter from abroad to be awaited.

 

The court accepted the request and adjourned the case until 7 December 2022.

 

Separately, the ninth hearing of another trial against Hayko Bağdat on the charge of “spreading propaganda for a terrorist organization” was held on 2 June 2022 at the İstanbul 28th High Criminal Court.

 

Ruling to wait for the execution of the arrest warrant issued against Bağdat, the court adjourned the trial until 22 September 2022.

 

“Boğaziçi exhibition trial” adjourned until September

 

The sixth hearing of the trial in which seven university students are charged with “inciting hatred and hostility” for taking part in protests against the appointment by President Recep Tayyip Erdoğan of Melih Bulu as the rector of Boğaziçi University was held at the İstanbul 21st Criminal Court of First Instance on 1 June 2022.

 

The indictment, issued on 24 February 2021, accuses all seven students over a depiction of the Kaaba in an exhibition, which was put together on 29 January 2021 on the Boğaziçi campus as part of protests against the appointment of Bulu.

 

P24 monitored the hearing, which was attended by the lawyers representing the defendants. The court in its interim decision dated 17 November 2021 had asked the security forces to carry out an open source survey with respect to the image in question, and to prepare a report that would include both positive and negative reactions.

 

The judge announced that the survey had arrived. The defendants’ lawyers asked for time to prepare a statement against the 21-page report. Accepting the request, the court adjourned the trial until 28 September 2022.

 

Trial against İdris Yayla adjourned until October, expert report awaited

 

The 10th hearing of a trial in which 28 defendants including journalist İdris Yayla and jailed Kurdish politician Sebahat Tuncel are charged with “violating the Law on Assemblies and Demonstrations” was held at the Batman 1st Criminal Court of First Instance on 2 June 2022.

 

Yayla, the publisher of the Batman-based news portal Jiyan Haber, is on trial for covering a 2016 demonstration and a gathering to read out a press statement in Batman province against the appointment of trustees by the government to replace the elected mayors in the region.

 

The defendants did not attend the hearing and were represented by their lawyers. In its interim ruling at the previous hearing, the court had decided to have the security camera footage examined by an expert to determine whether the defendants were in the area of the demonstration and whether police had warned the protesters to disperse.

 

In the expert report, it was stated that Yayla and the other defendants were present during the gathering in question.

 

Ruling to send the expert report to the lawyers representing the defendants and wait for the execution of the arrest warrant issued for three defendants, the court adjourned the trial until 4 October 2022.

 

Journalist Cem Bahtiyar’s “propaganda” trial adjourned

 

The fifth hearing in the trial of journalist Cem Bahtiyar was held at the Balıkesir 3rd High Criminal Court on 2 June 2022. Bahtiyar stands trial on the charge of “terrorism propaganda” over some of his social media posts.

Bahtiyar and his lawyer submitted their excuse and did not attend the hearing. The court adjourned the trial until October 2022.

Trial of İsminaz Temel, Havva Cuştan to continue in June

 

The 15th hearing of a trial in which Etkin News Agency (ETHA) editor İsminaz Temel, reporter Havva Çuştan and 21 other defendants, including members and executives of the Socialist Party of the Oppressed (ESP), are charged with “membership in a terrorist organization” and “terrorism propaganda” was held at the İstanbul 27th High Criminal Court on 15 February 2022.

 

P24 monitored the hearing, which was attended by the lawyers representing the defendants. Temel and Cuştan did not attend the hearing. The lawyers requested that the judicial control measures imposed on their clients be lifted.

 

The court ruled for the continuation of the judicial control measures imposed on the defendants and adjourned the trial until 8 November 2022.

 

Aziz Oruç’s trial adjourned

 

The eighth hearing in the trial of journalists Aziz Oruç and Dicle Müftüoğlu on charges of “membership of a terrorist organization” and “spreading propaganda for a terrorist organization” was held on 3 June 2022 at the Ağrı 2nd High Criminal Court.

 

Oruç was arrested near the border with Iran in the Ağrı province in December 2019, after being pushed by Iranian border forces into Turkey. Three other people, including Müftüoğlu, were put on trial for aiding him.

 

Announcing its verdict at the end of the hearing, the court ruled to keep an international travel ban on the defendants in place and grant Müftüoğlu the leave to not attend future hearings. The trial was adjourned until 28 September 2022.

 

Trial of Devrim Ayık to resume in June

 

The 35th hearing of the trial of former Özgür Halk magazine employee Devrim Ayık on the charge of “membership in a terrorist organization” was held on 3 June 2022 at the İzmir 2nd High Criminal Court.

 

Both Devrim Ayık and his lawyer attended the hearing. Ayık, who is suffering from a critical illness, was brought to the İzmir courthouse from the Eskişehir H Type Prison, where he is held in pre-trial detention.

 

In its interim decision, the court panel rejected Ayık’s request for release, and ruled for separation of his file from other defendants in the case. The first hearing of the trial following the separation of the file will be held on 17 June 2022.

 

Ramazan Ölçen’s trial adjourned until October

 

The ninth hearing of the trial of Ramazan Ölçen, the former publisher of the shuttered Kurdish language daily Azadiya Welat, on the charge of “membership in a terrorist group” was held on 30 May 2022 at the 11th High Criminal Court of Diyarbakır.

 

Ölçen, residing abroad, and his lawyer Resul Temur did not attend the hearing by submitting their excuse. The court adjourned the trial until 26 October 2022.

 

 

ECtHR rules Kılıç’s detention violates freedom of expression, right to liberty

 

The European Court of Human Rights (ECtHR) ruled on 31 May that the detention of Amnesty Turkey’s former chair Taner Kılıç is a violation of Article 5/1 (right to liberty and security) and Article 10 (freedom of expression) of the European Convention on Human Rights. The ECtHR condemned Turkey to pay Taner fine of 24,500 euros and additional 10,000 euros for legal expenses.

 

Kılıç was among the 11 defendants who were detained in a police raid during a meeting titled “Protection and Digital Security of Human Rights Defenders” in İstanbul’s Büyükada in June 2017. He was then held in pre-trial detention for more than 14 months. In July 2020, he was sentenced to six years and three months. The verdict is currently pending at the Supreme Court of Appeals.

 

Kazım Güleçyüz wins press card appeal

 

Yeni Asya Editor-in-Chief Kazım Güleçyüz has won a lawsuit against the Presidency’s Directorate of Communications over the latter’s refusal to renew his press card.

 

The Ankara 6th Administrative Court ruled on 31 May that the Directorate of Communications’ refusal to renew Güleçyüz’s press card was unlawful.

 

The court also ruled that a verdict of conviction against Güleçyüz issued in 1999 could not be a ground to reject his press card application because sufficient time has passed for the conviction to be removed from the journalist’s criminal record.

 

 

At least 52 journalists and media workers in prison

 

As of 6 June 2022, at least 52 journalists and media workers are in prison, either pending trial or convicted in Turkey.

 

The full list can be accessed here.