2 journalists imprisoned, Sinan Aygül convicted under “disinformation” law; former Zaman employees released after more than 6 years in jail; access to Ekşi Sözlük blocked again; Taraf trial restarts

 

 

Sinan Aygül becomes first journalist to be convicted under “disinformation” law

 

The first hearing in the trial of Bitlis Journalists’ Association Chair Sinan Aygül, who is charged with “spreading false information” under Article 217/A of the Turkish Criminal Code (TCK) over some social media posts, was held at the Tatvan 1st Criminal Court of First Instance on 28 February 2023.

 

Aygül and his lawyers attended the hearing but Aygün refused to present a defense statement in protest of the TCK Article 217/A, which is commonly known as the “disinformation” law as the government claims it was enacted to combat spread of false information and disinformation.

 

The prosecutor presented their final opinion on the case and demanded conviction for Aygül of the impugned crime.

 

The court ruled that Article 217/A, which was passed in Parliament in October 2022, has duly come into force and sentenced Aygül to 1 year in prison. The sentence was then reduced to 10 months as per TCK Article 62. The court did not defer nor suspend the sentence.

 

Aygül was arrested over social media posts on an alleged child abuse incident in Bitlis on 13 December 2022 and placed in pre-trial detention on 14 December. The journalist was then released pending trial on 22 December.

 

Journalists Ali İmat, İbrahim İmat placed in pre-trial detention under “disinformation” law

 

Local journalists Ali İmat and his brother İbrahim İmat from the southern province of Osmaniye were imprisoned pending trial on 27 February for “spreading false information” under the “disinformation” law over their social media posts on the aftermath of the devastating earthquakes.

 

The journalists were sent to Osmaniye Closed Prison.

 

Former Zaman employees Fevzi Yazıcı, Yakup Şimşek released

 

Former Zaman arts director Fevzi Yazıcı and marketing director Yakup Şimşek, who had been tried along with Ahmet Altan, Mehmet Altan and Nazlı Ilıcak in the case publicly known as the “Altans Trial” and had been imprisoned pending trial since 2016 as part of the case, have been released after the Supreme Court of Appeals overturned their convictions.

 

Another imprisoned defendant of the case, former Police Academy lecturer Şükrü Tuğrul Özşengül, had died in prison after a heart attack in July 22. The Supreme Court of Appeals overturned Özşengül’s conviction as well.

 

Yazıcı, Şimşek and Özşengül were given lengthy prison sentences on the charge of “membership in an armed terrorist organization” at the end of their trial in November 2019. The Supreme Court of Appeals originally upheld the convictions but the case was taken up by the Supreme Court’s Assembly of Criminal Chambers following an appeal.

 

The Assembly of Criminal Chambers of the Supreme Court of Appeals ruled for a retrial in its judgment dated 8 December 2022, saying the defendants’ right to defense was violated in the course of original trial and that the verdict was based on “incomplete examination of the facts.”

 

The İstanbul 26th High Criminal Court, which oversaw the original trial, set the date for the first hearing of the retrial as 13 June 2023 and ruled for the immediate release of Yazıcı and Şimşek.

 

The Supreme Court of Appeals overturned verdicts of convictions against Ahmet Altan and Nazlı Ilıcak in 2021, while upholding the prison sentences given to Şimşek, Özşengül and Yazıcı.

 

Retrial of Ahmet Altan, Yasemin Çongar, Yıldıray Oğur, Mehmet Baransu begins

 

The first hearing in the retrial of former Taraf daily executives Ahmet Altan, Yasemin Çongar, Yıldıray Oğur and reporter Mehmet Baransu was held at the İstanbul 13th High Criminal Court on 2 March 2023. The retrial follows an appellate court last year reversing the prison terms given to the defendants.

 

The defendants’ lawyers attended the hearing, which P24 monitored. Of the defendants, Mehmet Baransu joined the hearing via judicial videoconferencing system (SEGBİS) from Silivri Prison, where he has been imprisoned pending trial.

 

Announcing its interim judgement, the court decided to seek assent for Baransu’s file overseen at the Anadolu 2nd High Criminal Court to be merged with the current one; remove the co-plaintiffs from the case and adjourned the trial until 31 May 2023.

 

 

Access to Ekşi Sözlük blocked again

 

Access to Turkey’s one of largest online communities Ekşi Sözlük was blocked again as per a decision of the Ankara 5th Criminal Judgeship of Peace upon an appeal filed by the Information and Communication Technologies Authority (BTK) on 2 March.

 

Access to the website was blocked on 21 February by the BTK and the ban was approved by the Ankara 4th Criminal Judgeship of Peace on 22 February. On 2 March, the ban was removed by the same court upon an objection from the Ekşi Sözlük administration but BTK took that decision to the Ankara 5th Criminal Judgeship of Peace, which acts as an appeals court, demanding its reversal. The latter court’s decision is final.

 

Top court rules right violation for Saturday Mothers/People

 

The Constitutional Court has concluded an individual application filed by Maside Ocak from Saturday Mothers/People concerning a police intervention against the group’s 700th weekly vigil on 25 August 2018. The top court ruled that the police intervention constituted a violation of Article 34 of the Constitution, which protects freedom of peaceful assembly and demonstration and ordered the applicant be paid a compensation of TL 13,500.

 

The Constitutional Court judgment, which is dated 16 November 2022 but was published recently, dismissed Ocak’s claim that the police intervention also violated the ban on maltreatment.

 

The İstanbul Beyoğlu District Governorship had banned the 700th vigil of Saturday Mothers to be held on 25 August 2018. The police acting on this ban had broken up the meeting and detained 23 people, including Maside Ocak. Ocak had filed a criminal complaint against the police officers involved but the prosecutors ruled there was no ground to prosecute, after which Ocak had applied to the Constitutional Court.

 

BirGün reporter, employees detained during news coverage

 

BirGün daily reporter Asena Tunca was violently detained while she was covering a demonstration called by the opposition SOL Party in Kadıköy, İstanbul in protest of government’s earthquake measures on 1 March 2023.

 

BirGün employees Ezgican Ceylan and Ahmet Can Sarıkaya were also detained during the police intervention against the protest.

 

Journalist Gökhan Özbek arrested under “disinformation” law

 

Gökhan Özbek, the owner of 23 Derece news portal, was arrested during a police raid on his house on 1 March 2023.

 

His lawyer Gizay Dulkadir said that Özbek was arrested on suspicion of “spreading false information” under the “disinformation” law. Özbek was released on 2 March.

 

Academic Ahmet Ercan detained over earthquake posts

 

Geophysicist Övgün Ahmet Ercan was arrested on 28 February 2023 over his social media posts about the twin earthquakes of 6 February. Ercan was arrested for “inciting people to hatred and enmity” but the accusation was changed to “spreading false information” following his questioning by the police and the prosecutor. He was released by a court with an international travel ban on 1 March 2023.

 

The Malatya Chief Public Prosecutor’s Office had launched an investigation against Ercan over his tweet claiming that women who survived the earthquakes were sexually assaulted because the army was not deployed to the disaster area in the immediate aftermath of the earthquakes.

 

Investigation launched into journalist Ahmet Sesli’s quake posts

 

An investigation has been launched into journalist Ahmet Sesli’s social media posts on the aftermath of the earthquakes.

 

In his posts, Sesli had stated that the death toll could be higher than officially announced and had given information about the burial protocols in the quake zones.

 

Journalists covering Community House’s protests battered, obstructed

 

On 28 February, the police broke up a demonstration held by the Community House members in İstanbul in protest of forceful evacuation of Sevgi Park in Hatay.

 

The police detained eight Community House members and battered the journalists who were covering the demonstration.

 

The police also broke up a Community House press statement held in Ankara and detained 14 people including Community House President Nebiye Merttürk. The journalists were prevented from filming during the incident. All the detainees were released on the same day.

 

RTÜK fined TV channels nearly TL 8 million for earthquake broadcasts

 

The Radio and Television Supreme Council (RTÜK) opposition member İlhan Taşçı said on 1 March that the media watchdog fined televisions TL 7 million 990 thousand in total over their earthquake coverage.

 

“This is a sign of what will come in the run-up to the elections,” Taşcı wrote.

 

Trial of journalist Rüstem Batum adjourned until July

 

The 10th hearing in the trial of journalist Rüstem Batum, who is charged with “insulting the president” and “inciting people to hatred and enmity” was held at the İstanbul 5th Criminal Court of First Instance on 28 February 2023.

 

Batum, who lives abroad, was represented by his lawyer at the hearing.

 

The court decided to await the execution of the order for Batum’s arrest and adjourned the trial until 13 July 2023.

 

Trial of journalists İsminaz Temel, Havva Cuştan adjourned until June

 

The 20th hearing in the trial of 23 people including Etkin News Agency (ETHA) editor İsminaz Temel and reporter Havva Suçtan, who are charged with “membership in a terrorist organization” and “terrorism propaganda,” were held at the İstanbul 27th High Criminal Court on 2 March 2023.

 

The court decided to keep the international travel ban against the journalists in place and send the file to the prosecutor’s office for final opinion on the case to be drafted. The trial was adjourned until 13 June.

 

Prosecutor demands conviction for pop-star Gülşen

 

The third hearing in the trial of popstar Gülşen Bayraktar Çolakoğlu, who is charged with “inciting people to hatred and enmity” over her remarks on religious high schools in Turkey was held at the İstanbul 11th Criminal Court of First Instance on 1 March 2023.

Gülşen and her lawyers attended the hearing, which P24 monitored.

 

The prosecutor presented their final opinion on the case and demanded conviction for Gülşen of the impugned crime.

 

Gülşen’s lawyer Altın Mimir objected to the prosecutor’s opinion, saying none of the elements of the crime attributed to Gülşen existed.

 

İlker Göktaş, also a lawyer for Gülşen, said “This is not a lawful indictment. An offense requires intention to come into existence. My client does not have such an intent.”

 

The court accepted defense lawyers’ requests for additional time to prepare their final statements and adjourned the trial until 3 May 2023.

 

Trial of Ceren Sözeri adjourned until June

 

The eight hearing in a compensation case targeting academic and Evrensel daily columnist Ceren Sözer was held at the İstanbul 2nd Commercial Court of First Instance. Sözeri is charged with “harming commercial reputation” upon a criminal complaint filed by the pro-government Turkuvaz Media Group over a column published on 7 April 2019.

 

Sözeri’s lawyer Devrim Avcı and plaintiff Serhat Albayrak’s lawyer attended the hearing, which P24 monitored.

 

The court decided to await the response to the writ issued to determine the defendants’ financial conditions and adjourned the trial until 21 June 2023.

 

Trial of İHD Co-Chair Öztürk Türkdoğan adjourned for 2 weeks

 

The second hearing in the trial of Human Rights Association Co-Chair Öztürk Türkdoğan, who is charged with “denigrating the state of Turkish Republic” over an article titled “Stop Denying the Armenian Genocide for Justice and Truth” that appeared on the association’s website on 24 April 2017, was held at the Ankara 24th Criminal Court of First Instance on 2 March 2023.

 

Türkdoğan and his lawyers attended the hearing, which P24 monitored.

 

The court decided to send the file to the prosecutor’s Office for their final opinion on the case to be drawn up and adjourned the trial until 16 March 2023.

 

Trial of journalist Cem Bahtiyar adjourned until September

 

The seventh hearing in the trial of journalist Mete Cem Bahtiyar on charges of “terrorism propaganda” was held at the Balıkesir 3rd High Criminal Court on 2 March 2023.

Bahtiyar’s lawyers submitted a letter of excuse and did not attend the hearing.

 

The trial was adjourned until 21 September 2023.

 

Trial of journalists Taylan Öztaş, Tunahan Turhan, Vedat Örüç adjourned until September

 

The seventh hearing in the trial of 38 people including journalists Taylan Öztaş, Tunahan Turhan and Vedat Örüç, who are charged with “violating the Law no. 2911 on Meetings and Demonstrations” was held at the Anadolu 13th Criminal Court of First Instance on 28 February 2023.

 

Neither the journalists nor their lawyers attended the hearing.

 

The court adjourned the trial until 21 September 2023.

 

Trial of writer Gökhan Yavuzel adjourned until May

 

The sixth hearing in the trial of writer Gökhan Yavuzel, who is charged with “inciting people to hatred and enmity” over a social media post was held at the Ankara 7th Criminal Court of First Instance on 2 March 2023.

 

The court adjourned the trial until 3 May 2023.

 

Trial of Danish journalist Madds Anneberg adjourned until June

 

The sixth hearing in the trial of Danish journalist Mads Anneberg on charges of “unauthorized entry into a military zone” was held at the Edirne 2nd Criminal Court of First Instance.

 

The case was adjourned until 14 June 2023.

 

Anneberg and two other foreign journalists were detained on 3 March 2020 by the gendarmerie near the border with Greece as they were covering refugee movements in the area. Anneberg and the other journalists were later charged with entering military restricted zones but his case file was separated in the course of the trial.

 

 

At least 69 journalists and media workers in prison

 

With the release of Fevzi Yazıcı and Yakup Şimşek on 2 March and the imprisonment of Ali İmat and İbrahim İmat on 27 February, the number of journalists and media employees who are in prison either pending trial or serving sentence in Turkey remain unchanged at 69 as of 5 March 2023.

 

The full list can be accessed here.