Aziz Oruç acquitted, Dicle Müftüoğlu given jail term; Sinan Aygül detained upon complaint by AKP deputy; Nişmiye Güler acquitted; investigation launched into journalist Oktay Candemir under "disinformation" law

 

Aziz Oruç acquitted, Dicle Müftüoğlu given jail term

An Ağrı court acquitted Mezopotamya Agency editor Aziz Oruç of “membership in a terrorist organization” and “terrorism propaganda,” and sentenced Dicle Fırat Journalists’ Association Co-Chair Dicle Müftüoğlu and her four co-defendants to 6 months in prison for “protecting an offender” at the end of the 11th hearing held on 18 January 2022.

The prosecutor repeated their final opinion on the case and requested acquittal for Aziz Oruç of “membership in a terrorist organization” due to lack of convincing and sufficient evidence. The prosecutor demanded conviction for Oruç and the four co-defendants of “successive terrorism propaganda.”

The prosecutor also requested the court not to convict Müftüoğlu of “aiding a terrorist organization willingly” on the grounds that there was not enough evidence to prove that Oruç was a member in a terrorist organization. However, he demanded that Müftüoğlu and the four co-defendants be sentenced for “protecting an offender," who, according to the indictment, is Oruç himself. 

In its verdict, the court acquitted Oruç of “membership in a terrorist organization” and “terrorism propaganda,” and sentenced Müftüoğlu and the four co-defendants to 6 months in prison for “protecting an offender,” deferring their sentence.

Oruç was arrested and placed in pre-trial detention in Doğubeyazıt, Ağrı on 11 December 2019 as part of the case. He was released later but remains imprisoned pending trial at the Diyarbakır No. 1 High Security Prison as part of another case since 16 June 2022.

Journalist Sinan Aygül detained upon complaint by AKP deputy

 

Journalist Sinan Aygül was taken into custody upon a complaint by governing Justice and Development Party (AKP) MP for Bitlis Vahit Kiler on allegations of “insult” following his reports on alleged corruption in Tatvan, Van on 19 January 2023.

 

Aygül stated that he was detained while he was heading for the police station to give a statement as part of a lawsuit in which he was plaintiff.

 

The journalist was released after he was processed at the police station. 

 

Furthermore, an indictment was drawn up against journalist Sinan Aygül on charges of “violating the workplace immunity” over his column on 12 January 2023.

 

In his column published on 25 August 2020 on Bitlis News, Aygül had reported that the meat planned to be distributed to the poor families by the Turkish Red Crescent (Kızılay) was sent to a hotel owned by the Red Crescent Tatvan Office President Battal Taşar and his brother Cemal Taşar, who is also a deputy for Bitlis from the ruling AKP. Battal Taşar was relieved of his duty as a result of an investigation launched by Kızılay. 

 

Journalist Nişmiye Güler acquitted

The first hearing in the trial of JinNews editor Nişmiye Güler on charges of “terrorism propaganda” over her social media posts was held at the İstanbul 27th High Criminal Court on 19 January 2023.

Güler and her lawyers attended the hearing, which P24 monitored. Güler and her lawyers demanded acquittal on the grounds that the elements of the impugned crime did not exist. The prosecutor presented their final opinion on the case and demanded conviction for Güler.

The court in its verdict ruled that the social media posts did not contain any element of violence and acquitted Güler.

More details from the hearing can be viewed here.

 

Investigation launched into journalist Oktay Candemir under “disinformation” law

An investigation has been launched into journalist Oktay Candemir on charges of “disseminating misleading information” over his news item reporting on an alleged child abuse incident in Muradiye district of the eastern province of Van.

Candemir was summoned to the police station to have his statement received as part of the investigation carried out by Muradiye Prosecutor’s Office as per the “disinformation” law, which came into effect on 18 October 2022.

Candemir left the police station after he gave his statement.

 

Imprisoned journalist Öznur Değer faces new trial

 

A lawsuit has been filed against imprisoned JinNews reporter Öznur Değer on charges of “resisting a public officer” and “violating the Law no. 2911 on Meetings and Demonstrations” as a result of an investigation launched by the Ankara Chief Public Prosecutor’s Office on 19 December 2022. The indictment was accepted by the Ankara 18th Criminal Court of First Instance on 5 January 2023.

 

The first hearing is set for 8 May 2023.

 

Değer was subjected to police violence as she was covering a student protest held on 28 November 2021. In her statement, Değer had said that the police prevented her from filming the protest, hit her arm as she was removed her from the area and detained by being handcuffed from behind. Stating that she was battered while being put into the police vehicle, Değer told that police violence continued in front of the hospital where she was taken for medical examination.

 

 

Değer was imprisoned pending trial and sent to Sincan Closed Women’s Prison on 29 October 2022 for “membership in a terrorist organization” as part of an operation launched by the Ankara Chief Public Prosecutor’s Office.

 

Investigation launched into journalist Pınar Gayıp for 3rd time over same news item

Etkin News Agency (ETHA) reporter Pınar Gayıp faces an investigation on charges of “insult,” “defamation,” “disturbing individuals' peace” and “marking the officials assigned in the fight against terrorism as targets” over her news item published on 30 May 2021 and social media posts on specialized sergeant Musa Orhan, who is accused of raping and causing the suicide of a young woman in 2020 in the southeaster province of Batman. Gayıp had faced investigations over the same news item twice over the past two years.

Gayıp gave her statement in presence of her lawyer as part of the investigation carried out by the Aydın Chief Public Prosecutor’s Office. The journalist said in her statement that the military and other public institutions already accept that Orhan had raped and drove to suicide İpek Er by removing him from his post. She also said the news item and the social media posts in question did not contain any insult, but only the facts.

Prosecutor demands conviction for journalist Ferhat Parlak

 

The second hearing in the retrial of journalist Ferhat Parlak, who is charged with “membership in a terrorist organization” upon an anonymous complaint, was held at the Diyarbakır 11th High Criminal Court on 18 January 2023.

 

 

Parlak and his lawyer Mehdi Özdemir were present in the courtroom for the hearing, during which the prosecutor demanded conviction for Parlak of the impugned crime.

 

The court decided to give additional time to the defense for them to prepare their final statement and adjourned the trial until 8 March 2023.

 

The indictment against Parlak cites anonymous witness statements and a piece of paper allegedly found in the pocket of a PKK member and read “Ferhat Parlak: Press member” as evidence. The prosecutor claims that Parlak “practices journalism upon instructions” from the PKK and demands conviction for the journalist.

The trial of Parlak got under way at the Diyarbakır 11th High Criminal Court in 2019. After having spent 15 months in pre-trial detention, Parlak was released pending trial at the end of the first hearing on 8 July 2019. The court dismissed the case at the end of the sixth hearing, which was held on 7 December 2020.

The 2nd Criminal Chamber of Diyarbakır Regional Court of Justice, acting as appellate court, however, reversed the local court’s judgment and sent the file back to the court for retrial on 1 April 2022.

 

Trial of journalists Canan Coşkun, Barış Pehlivan adjourned

 

The second hearing in the trial of journalists Canan Coşkun and Barış Pehlivan on charges of “marking officials assigned in the fight against terrorism as targets” filed upon a complaint by Akın Gürlek, former presiding judge of the İstanbul 14th High Criminal Court, was held at the İstanbul 34th High Criminal Court on 27 October 2022.

 

Coşkun, Pehlivan and their lawyers attended the hearing, which P24 monitored.

 

In his defense statement, Pehlivan stressed that he was kept behind bars by the İstanbul 34th High Criminal Court Presiding Judge Zafer Taşkın for 6 months over an offense that does not foresee any jail term, and said, “Therefore, I do not expect justice from you.”

Coşkun in her defense statement said, “I wrote on cases that Akın Gürlek oversaw and the verdicts he issued in the news items and tweets that are the subject of this investigation. I included publicly known facts. Writing a news item or making a criticism does not mean marking someone as a target." Coşkun’s lawyer expressed that there was no link between the two defendants and demanded that the files be separated, which was objected by the prosecutor. The court rejected the demand.

 

Akın Gürlek’s lawyer requested to join the case as co-plaintiff and demanded conviction for both journalists. The prosecutor requested that the demand submitted by Gürlek’s lawyer be upheld while the request for the court to summon witnesses, submitted by Pehlivan’s lawyer, be rejected.

 

In its interim decision announced at the end of the hearing, the court accepted Gürlek's request to join the case as a co-plaintiff and rejected Pehlivan’s request to call witnesses. The trial was adjourned until 9 May 2023.

 

Trial of journalist Baransel Ağca adjourned until May

 

The third hearing in the trial of journalist Baransel Ağca on charges of “inciting the people to hatred and enmity” over his social media posts was held at the İstanbul 43rd Criminal Court of First Instance on 17 January 2023.

 

Ağca’s lawyer did not attend the hearing.

 

The court decided to await the translation of letter rogatory sent to an expert and adjourned the trial until 16 May 2023.

 

Ağca is on trial over a Twitter post from December 2020 about the banning of wine consumption in Islam.

 

Trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan adjourned until May

 

The 16th hearing in the trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan on charges of “resisting a public officer” was held at the Antalya 25th Criminal Court of First Instance on 18 January 2023.

 

Neither the journalists nor their lawyers attended the hearing.

 

The court adjourned the trial until 3 May 2023.

 

The journalists were detained while they were covering a protest on 15 November 2015 against the G20 summit held in Antalya. An indictment was filed against the journalists on 30 June 2016.

 

Trial of Ferhat Tunç adjourned until May

The 14th hearing in the trial of singer Ferhat Tunç on charges of “inciting the people to hatred and enmity” over his social media posts criticizing the constitutional referandum of 2017 was held at the Büyükçekmece 4th Criminal Court of First Instance on 18 January 2023.

Neither Tunç nor his lawyer attended the hearing.

The court decided to await the execution of the order for Tunç’s arrest and adjourned the trial until 24 May 2023.

 

 

At least 76 journalists and media workers in prison

There are at least 76 journalists and media employees who are in prison either pending trial or serving sentence in Turkey as of 20 January 2023.

The full list can be accessed here.