Saturday Mothers trial adjourned due to arrests; Musa Anter case dropped on statute of limitations; journalist Hatice Şahin sentenced to 6 years and 3 months of imprisonment; the Governorate of İstanbul refuses permission for investigation into police intervention on Gezi anniversary

Saturday Mothers/People trial adjourned due to arrests at the courthouse

 

The fifth hearing in the trial of 46 people who were arrested in a police intervention in the 700th gathering of the Saturday Mothers/People on 25 August 2018 on charges of “not voluntarily dispersing illegal meetings despite warning” was held at the İstanbul 21st Penal Court of First Instance on 21 September 2022.

The defendants who had not yet given their defense statements were expected to give their statements at the hearing, which P24 monitored. However, the police broke up a press release that demonstrators wanted to hold outside the courthouse before the hearing and arrested many people including defendants and attorneys.

 

Many people, including workers’ union DİSK Press-Labor President Faruk Eren, human rights defenders and lawyers were arrested. The police also physically obstructed Artı TV reporter Meral Danyıldız and Medyascope reporter Edanur Tanış who were covering the press statement.

 

Lawyer Eren Keskin said “A peaceful demonstration concerning the case was prevented through utterly disregarding our constitutional rights. People have been arrested through a practice of rule of state over the rule of law. Therefore, we will not make defence statement today.” Lawyer Ahmet Cihan stated that with the detention of some of the defendants and attorneys, a shadow had been cast over the judicial process. Lawyer Metin İriz said that conditions for a fair trial had been violated with the detention of defendants’ attorneys, and demanded additional time for the defense until the next hearing. Arzu Kayaoğlu, attorney for some of the defendants, made a formal complaint before the court about all officers who had detained her clients and colleagues.

 

The defendants who attended the hearing stated that they would not be defending in court as their lawyers had been taken into custody.

 

The court decided to allow additional time until the next hearing for defendants to prepare their defense with their lawyers present, but rejected defense's request for a formal complaint against the police officers who perpetrated violence. The trial was adjourned until 3 February 2023.

 

Musa Anter case dropped due to statute of limitations

A court in Ankara, which oversees the long-running trial into the killing of journalist and author Musa Anter in Diyarbakır on 20 September 1992, ruled on 21 September to discontinue the prosecution on statute of limitations.  

The final opinion of the prosecution previously submitted to the court argued that “the statute of limitations had been exceeded for Musa Anter, as the identified date of the crimes impugned to the defendants now exceeded 30 years, which is the extraordinary duration of the statute of limitations as per relevant articles of the Turkish Criminal Code which were in effect at the time.”

 

Journalist Hatice Şahin sentenced to 6 years and 3 months of imprisonment

 

The 10th hearing in the trial of Yeni Yaşam newspaper reporter Hatice Şahin on charges of “membership in a terrorist organization” was held at the Diyarbakır 9th High Criminal Court on 19 September 2022.

While Şahin did not attend, her attorney Resul Temur was present at the hearing, which was monitored by P24. More details from the hearing can be accessed in our report here. 

The court sentenced Şahin to 6 years and 3 months of imprisonment and decided to keep an international travel ban on her in place, awaiting finalization of the verdict.

Şahin was arrested along with 145 people on 9 October 2018 as part of an investigation into the Democratic Society Congress (DTK) in Diyarbakır and was released under an international travel ban 19 October 2018.

The indictment listed secret witness statements, telephone calls with news sources and Diyarbakır-İstanbul plane tickets as evidence for the charges brought against Şahin.

 

Journalist Nurcan Yalçın sentenced to 30 months of imprisonment

 

The third hearing in the trial of journalist Nurcan Yalçın on charges of “knowingly and willingly aiding a terrorist organization” over her reporting on the street barricades set up in Diyarbakır’s Sur district prior to military operations in the region in 2015 and the content of some of her news reports was held at the Diyarbakır 4th High Criminal Court on 22 September 2022.

Yalçın did not attend the hearing, while her attorney Resul Temur was present. Reiterating the opinion of the prosecution delivered during the first hearing on 17 May 2022, the prosecutor demanded conviction against Yalçın for the impugned crime. Delivering a defense statement against the opinion of the prosecution, attorney Temur emphasized that his client was a journalist and demanded acquittal.

The court sentenced Yalçın to 2 years and 6 months of imprisonment.

 

Journalist Kadri Esen sentenced to 15 months of imprisonment

 

The first hearing in the trial of Kadri Esen, the publisher of the Xwebûn weekly published in Kurdish, on charges of “terrorism propaganda” over a social media post was held at the Diyarbakır 10th High Criminal Court on 21 September 2022.

 

Esen, who appeared before the court with his attorney Resul Temur, stated that he had posted the content subject to the charges for purposes of reporting the news. Stating that he had not intended to carry out propaganda, Esen rejected the charge.

 

Attorney Temur citing European Court of Human Rights (ECtHR) case-law, demanded his client’s acquittal as the material elements of the impugned crime did not exist.

 

The court sentenced Esen to 15 months of imprisonment for the crime of “terrorism propaganda.” The sentence was deferred.

 

Journalist Rabia Önver sentenced to 18 months and 27 days of imprisonment

 

The second hearing in the trial of journalist Rabia Önver on charges of “terrorism propaganda” was held at the Van 2nd High Criminal Court on 23 September 2022.

 

The panel of judges ruled that Önver had committed the impugned crime “repeatedly and in succession” and sentenced Önver to 18 months and 27 days of imprisonment.

 

The court ruled to defer the announcement of the verdict.

 

Appellate court overturns verdict of conviction in trial of journalist Perihan Kaya

 

The 9th Criminal Chamber of the Diyarbakır Regional Court of Justice has overturned a verdict of conviction against journalist Perihan Kaya delivered on charges of “terrorism propaganda.” The appellate court decision cited lack of clarity on whether the article on “committing a crime repeatedly and in succession” applied to Kaya.

Journalist Kaya had faced trial on charges of “terrorism propaganda” and “membership in a terrorist organization” due to her membership in the now-defunct Free Journalists’ Association (ÖGC), social media posts, phone conversations with her colleagues and secret witness testimonies. The Diyarbakır 10th High Criminal Court, which had ruled on the case at the first hearing on 24 March 2021, sentenced Kaya to 15 months in jail for “terrorism propaganda.”

 

Governor’s Office denies permission for investigation into police intervention during Gezi anniversary demonstration

 

The İstanbul Governor’s Office has refused to authorize an investigation into police officers who violently removed journalists at a demonstration held to mark the ninth anniversary of the Gezi Protests.

On 31 May 2022, the anniversary of the Gezi Protests, nine journalists were assaulted while reporting and six journalists were detained with behind the back handcuffing. The Journalists Union of Turkey (TGS) and journalists’ union DİSK Basın-İş had filed an official complaint with the İstanbul Chief Public Prosecutor’s Office on 3 June 2022 over the treatment of journalists and demanded the prosecution of police officers involved for “abuse of duty,” “torture,” “maltreatment,” “threat,” “insult,” “wilful injury” and “violation of the freedom to work and employment.”

Following the official complaint, the prosecutor’s office had issued a written application with the Governor’s Office of İstanbul for the identification of suspected public employees and permission to investigate.

In the response signed by the Governor of İstanbul Ali Yerlikaya, it was stated that the public employees could not be identified. The written response further stated that there was no need for a permission for an investigation against the police officers or for a disciplinary inquiry and therefore the case file would be dropped.

 

Police assault DHA reporters while covering fire in Sivas

 

Demirören News Agency (DHA) reporters Hüsnü Ümit Avcı and Arife Defne Arslan, who were filming a fire that broke out on the roof of a four story building in the central Anatolian province of Sivas faced police intervention.

 

The police officer who kicked and punched the journalists to prevent them from recording images of the fire in central Sivas on 17 September 2022 was captured live in video. Avcı and Arslan filed an official complaint against the officer, who also attempted to break their cameras and video recorders.

 

Sivas Governor Yılmaz Şimşek expressed regret at the incident and said that the necessary administrative procedures would be launched against the police officer.

 

Police obstruct journalists at the Mahsa Amini protest in Taksim

 

The police broke up a demonstration held in Taksim, İstanbul on 20 September 2022 to protest the death of Mahsa Amini in Iran under suspicious circumstances after being arrested for “not complying with women’s covering rules.”

 

The police officers tried to obstruct the media workers reporting on the demonstration by forcibly removing them with their shields. One police officer threatened journalist Emre Orman by saying “I’ll see you alone later.”

 

Police obstruct journalists covering the Justice Watch in İstanbul

 

The Justice Watch protest, started by relatives of ill inmates, took place at Bağcılar Square in İstanbul on 17 September 2022. Relatives of the inmates who attempted to march towards the district square to read out a press statement were encircled by the police. The police assaulted seven of the relatives of detainees and other attendees and detained them, handcuffing from behind.

 

İstanbul Directorate of Security Branch Director for Security Hanifi Zengin was seen assaulting JinNews reporter Marta Sömek by grasping her arm. Police officers also perpetrated violence against journalists reporting at the scene and prevented them from obtaining images and recordings.

Constitutional Court: “No violation” in detainee not being provided with the Evrensel newspaper

The Constitutional Court has ruled there was “no violation of the freedom of expression” in an application filed by prisoner Mustafa Koca over copies of the Evrensel newspaper being withheld from him.

 

Koca had applied to the Constitutional Court on 2 September 2021 for “violation of the freedom of expression” due to prison authorities refusing to provide him with copies of the Evrensel newspaper. Ruling on Koca’s application dated 26 July 2022, the Constitutional Court justified the prison not allowing copies of the Evrensel newspaper by citing the Press Advertising Agency’s decision to bar Evrensel from publishing public advertisements.

 

Journalist Baransel Ağca’s trial adjourned until January

 

The third hearing in the trial of journalist Baransel Ağca on charges of “public denigration of religious values embraced by a part of the society” was held at the İstanbul 43rd Criminal Court of First Instance on 20 September 2022.

 

Ağca’s lawyer Baran Kaya attended the hearing, which P24 monitored. Attorney Kaya argued that the court should immediately rule for acquittal without resort to a rogatory process, given that the elements of the impugned crime did not exist and for the sake of procedural economy.

 

Lawyer Kaya reminded the court that the case was based on an investigation report by the İstanbul Counter Cybercrime Branch Directorate, and added: “On 19 February 2020, the Constitutional Court overturned law enforcement’s authority for cyber patroling issued in 2018. Therefore, cyber patroling legally constitutes abuse of duty.” Stating that page 7 of the report indicated that a law enforcement officer had attempted to hack and take over Ağca’s account, attorney Kaya said that this was a case of cybercrime. Attorney Kaya demanded additional time to inform the court of his client’s address abroad.

 

The court adjourned the trial until 17 January 2023 to allow time for notification of Ağca’s address abroad.

 

The indictment prepared by the Office of Investigation of Press Crime of the İstanbul Chief Public Prosecutor’s cited the social media post dated 25 December 2020 by Ağca as evidence, in which he spoke humorously of the ban on wine consumption in Islam.

 

Court adjourns the trial of 3 journalists on the complaint of Erdoğan’s former attorney

 

The first hearing in the trial of journalists Can Bursalı, Barış Terkoğlu and Independent Turkish service Editor-in-Chief Nevzat Çiçek for “insult” and “defamation” upon the complaint of President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal was held at the İstanbul 2nd Criminal Court of First Instance on 20 September 2022.

 

Bursalı and attorneys for the parties attended the hearing, which was monitored by P24. Terkoğlu and Çiçek did not attend the hearing. Following identification of defendants, Bursalı said “My name was not written out in full in the complaint petition. As I was not served court papers, I demand additional time to prepare my defense.” Bursalı’s lawyer Melike Polat said that they had not been served papers for the case and that they had become aware of the court case after being informed by the other defendant Barış Terkoğlu. Attorney Polat thereby demanded additional time to prepare a defense. Terkoğlu’s lawyer demanded acquittal on the grounds that the elements of the crime did not exist. Mustafa Doğan İnal’s lawyer stated that they upheld their complaint.

 

The court accepted Bursalı and his lawyer's demand for additional time and adjourned the trial until 26 January 2023.

 

In the book Metastaz 2: Cendere he co-authored with Barış Pehlivan, Barış Terkoğlu had written of claims that Erdoğan’s former lawyer İnal had received TL 15 million in legal representation fees from the İstanbul Metropolitan Municipality (İBB). Bursalı had written of these claims in a news item published in Independent Turkish on 3 December 2020. The indictment had claimed that allegations concerning the İBB giving procuration to İnal despite him not being a lawyer on the staff of the İBB had “harmed the honor, dignity and social reputation” of İnal.

 

Osman Akın and Veysi Sarısözen’s trial adjourned until December

 

The 11th hearing in the trial of former managing editor Osman Akın and columnist Veysi Sarısözen of the Yeni Yaşam newspaper on charges of “repeated and successive organization propaganda” based on some articles appearing in the newspaper, was held at the İstanbul 13th High Criminal Court on 21 September 2022.

 

The hearing, which Akın and Sarısözen’s lawyers did not attend, was held summarily. The court ruled to await the execution of the order it issued for the detention of Sarısözen and adjourned the trial until 21 December 2022.

 

Hayko Bağdat’s trial adjourned

 

The 10 hearing of journalist Hayko Bağdat’s trial on charges of “terrorism propaganda” based on some of his social media posts was held at the İstanbul 28th High Criminal Court on 22 September 2022.

 

Bağdat’s attorneys reminded the court that their client had still not delivered a statement and repeated their request that a letter rogatory be prepared.

 

The court rejected Bağdat’s lawyers’ request on the grounds that competent judicial authorities in Germany had refused the court’s request with emphasis on the freedom of expression. The court decided to await the execution of the order for the arrest of Bağdat and adjourned the trial until 16 February 2023.

 

Trial of directors Çayan Demirel, Ertuğrul Mavioğlu adjourned until December

 

The second hearing in the retrial of Çayan Demirel and Ertuğrul Mavioğlu, who directed the documentary film “Bakur” on charges of “terrorism propaganda” was held at the Batman 2nd High Criminal Court on 22 September 2022.

 

While Demirel and Mavioğlu did not attend the hearing, their attorneys were present. While President of the Batman Bar Association Erkan Şenses was present in the courtroom, Mavioğlu’s attorney Seda Kip and Demirel’s attorney Meral Hanbayat Yeşil attended the hearing from İstanbul through the judicial video-conferencing system (SEGBİS).

 

The 3rd Criminal Chamber of the Supreme Court of Appeals had notified the court in writing that the appeals process regarding Mavioğlu’s sentencing to 15 months of imprisonment by the İstanbul 14th High Criminal Court for “terrorism propaganda” for participating in a solidarity campaign with the now-defunct Özgür Gündem newspaper by acting as the symbolic editor-in-chief for a day was still ongoing.

 

The court ruled to await the outcome of the appeals process for the “terrorism propaganda” case concerning Ertuğrul Mavioğlu currently being examined by the 3rd Criminal Chamber of the Supreme Court of Appeals. The court also decided to uphold the ban on traveling abroad on Mavioğlu on grounds that he had not provided a defense against the remitter of the appeals court, and he had not attended the hearing. The trial was adjourned until 22 December 2022.

 

 

At least 69 journalists and media workers currently in prison

 

There are at least 69 journalists and media employees who are in prison either pending trial or serving sentence in Turkey as of 26 September 2022.

 

The full list can be accessed here.