20 journalists charged with “membership in terrorist organization” in new indictment; Alican Uludağ acquitted at first hearing; journalists Özgür Avcu and Sercan Yılmaz taken into custody; investigation against 69 journalists dismissed after 9 years

 

Twenty journalists charged with “membership in terrorist organization”

 

The Diyarbakır Chief Public Prosecutor’s Office issued an indictment against 22 people, 16 of whom are journalists who have been in pre-trial detention since 16 June 2022. The indictment accuses all 22 of “membership in a terrorist organization.”

 

The investigation lasted for nine months and 10 days. The indictment was sent to the Diyarbakır 4th High Criminal Court, which has 15 days to decide on whether to accept or reject the case.

 

In police raids conducted as part of the investigation, a total of 22 people, 20 of whom are journalists, were taken into custody. Sixteen of the detained journalists have since been jailed pending trial.

 

Supreme Court Prosecutor seeks reversal of sentences handed to 4 journalists in “Özgür Gündem solidarity trial”

 

The Chief Prosecutor of the Supreme Court of Appeals is seeking the reversal of sentences handed in 2019 to four journalists on charges of “terrorism propaganda” at the end of their trial for participating in 2016’s “Substitute Editor-in-Chief” campaign, organized for showing solidarity with Özgür Gündem newspaper, which was closed by the government later that year.

 

In their opinion issued on 11 February 2022 concerning the appeal by seven journalists sentenced by the trial court, the Chief Prosecutor’s Office requested that the Supreme Court of Appeals reverse the sentences handed to Celal Başlangıç, Fehim Işık, Öncü Akgül and Ertuğrul Mavioğlu, arguing that standing in as editor-in-chief for one day was a symbolic act.

 

The Prosecutor’s Office requested the confirmation of the sentences handed to Hüseyin Aykol, Celalettin Can and Dilşah Kocakaya.

 

The indictment against press labor union DİSK Basın-İş President Faruk Eren, Evrensel columnist İhsan Çaralan, Özgür Gündem Co-Editor-in-Chief Hüseyin Aykol, journalists Celalettin Can, Dilşah Kocakaya, Ömer Ağın, Mehmet Şirin Taşdemir, Veysel Kemer, Yüksel Oğuz, Celal Başlangıç, Fehim Işık, Öncü Akgül and Ertuğrul Mavioğlu was issued in 2017. The trial, overseen by the İstanbul 14th High Criminal Court, concluded on 3 April 2019. Mavioğlu, Işık, Eren, Başlangıç, Çaralan, Akgül, Kocakaya and Can were each sentenced to 1 year and 3 months in prison for “terrorism propaganda” while Aykol was sentenced to 3 years and 9 months in prison on the same charge. Aykol was acquitted of “praising a crime and a criminal offender” and “incitement to commit an offense” charges. Ağın, Kemer, Taşdemir and Oğuz were acquitted of all charges.

 

Alican Uludağ acquitted of “insulting a public official” at first hearing

 

Deutsche Welle (DW) Turkish service reporter Alican Uludağ appeared before the Ankara 67th Criminal Court of First Instance on 28 March 2023 for the first hearing of his trial on charges of “insulting a public official” on account of his report about former Council of Judges and Prosecutors (HSK) member Hamit Kocabey and his son, Nizameddin Kocabey, who is a lawyer.

 

Uludağ and his lawyer attended the hearing. The court rejected Kocabey’s lawyer’s request for a criminal complaint. The prosecutor then submitted their final opinion, requesting Uludağ’s acquittal on the grounds that Uludağ’s report was within the scope of press freedom and the public’s right to information.

 

Ruling in line with the prosecutor’s opinion, the court acquitted Uludağ on the grounds that the elements of the alleged offense were not present.

 

Mustafa Kömüş acquitted in case launched upon Berat Albayrak’s complaint

 

The third hearing in BirGün Responsible Managing Editor Mustafa Kömüş’s trial on charges of “insulting a public official” on account of a report published in the newspaper was held on 28 March 2023 at Anadolu 1st Criminal Court of First Instance. The case was filed upon a complaint by Berat Albayrak, President Recep Tayyip Erdoğan’s son-in-law and a former cabinet minister.

 

Submitting letters of excuse, Kömüş and his lawyer did not attend the hearing. Albayrak’s lawyer was present in court. Issuing an interim ruling at the beginning of the hearing, the judge rejected the letter of excuse submitted by Kömüş’s lawyer on the grounds that the court had granted a continuance to the defense at the end of the previous hearing so that they could prepare their statement in response to the prosecutor’s final opinion.

 

Albayrak’s lawyer addressed the court next, asking the court to sentence Kömüş as charged.

 

The prosecutor reiterated their final opinion presented during the second hearing held on 18 November 2022, asking the court to sentence Kömüş.

 

Issuing their judgment without taking a recess, the court ruled for Kömüş’s acquittal on the grounds that the elements of the alleged offense were not present.

 

Cafer Solgun acquitted of “insulting a public official”

 

The third hearing in columnist and writer Cafer Solgun’s trial on charges of “insulting a public official” on account of his social media posts was held on 27 March 2023 at the Nazımiye Criminal Court of First Instance.

 

Accepting letters of excuse submitted by Solgun and his lawyer, the court adjourned the case until 31 March. At the fourth hearing held on 31 March, the court issued its judgment, acquitting Solgun on the grounds that the alleged act was not prescribed as an offense by the law.

 

Aslıhan Gençay faces investigation over article

 

The Bakırköy Chief Public Prosecutor’s Office of İstanbul has launched an investigation against writer and journalist Aslıhan Gençay for “publicly spreading false information” in an article publlished on gazetedavul.com website in December 2022. The article included remarks by a lawyer representing journalist Derya Ren, who was imprisoned in October 2022 in Diyarbakır, that she had been subject to strip search and maltreatment at the hands of prison guards.

 

Levent Gültekin stands trial for “insulting the president”

 

Journalist and commentator Levent Gültekin’s trial on charges of “insulting the president” over on-air remarks was adjourned until 12 April 2023. Gültekin wrote on his Twitter account that the prosecutor requested his acquittal at the hearing, which was held at an İstanbul court on 30 March.

 

Release of imprisoned journalists Dilan Oynaş and Abdulkadir Turay postponed by prison management

 

The Ankara Sincan Women’s Closed Prison’s Administration and Observation Board has extendedjournalist Dilan Oynaş’s imprisonment for another six months because the board did not accept Oynaş’s expression of remorse. The Board convened for a fourth time on 27 March 2023 regarding Oynaş’s request for release. Oynaş has been imprisoned since 2016 on charges of “membership in a terrorist organization.”

 

The board initially refused to release Oynaş on 27 April 2022 on the grounds of “lack of good behavior.” Oynaş’s imprisonment was extended for six months on 21 July 2022, during the Board’s second review, on the grounds that she had refused to express remorse. Convening once again regarding Oynaş’s case on 21 January 2023, the Board rejected her release for a third time, citing a disciplinary punishment she had been given. The board’s next meeting is scheduled for 29 April.

 

Separately, journalist Abdülkadir Turay’s release was postponed by three months by the Erzincan L Type Prison Administration and Observation Board on the grounds that Turay has not expressed remorse. Turay, a Mardin-based former reporter for the Dicle News Agency (DİHA), which was closed under a statutory decree, was jailed on 9 May 2016. He was sentenced to 9 years in prison on charges of “membership in a terrorist organization” by the Mardin 2nd High Criminal Court.

 

Tuncay Keser proposed as new RTÜK member from CHP quota

 

Main opposition Republican People’s Party (CHP) proposed that Parliamentary Group Advisor Tuncay Keser replace Okan Konuralp as the new member of the Radio and Television Supreme Council (RTÜK) elected from the CHP quota. Konuralp recently resigned to run as a candidate in the upcoming Parliamentary elections. If elected, Keser will serve in RTÜK for two years.

 

Journalists Özgür Avcu and Sercan Yılmaz taken into custody during news coverage

 

An unidentified person attempted to attack a press statement organized on 26 March 2023 about the recent attack targeting theologian and columnist Cemil Kılıç. Toplumsal news portal reporter Özgür Avcu and cameraman Sercan Yılmaz, who were trying to cover the attack, were taken into custody by the police. Both journalists’ hands were cuffed behind their back.

 

Journalist Ruşen Takva faces investigation for HÜDA PAR post

 

The Van Chief Public Prosecutor’s Office has launched an investigation against journalist Ruşen Takva on the allegation of “inciting hatred and animosity” on account of a social media post in which the journalist commented on HÜDA PAR joining the ruling People’s (Cumhur) Alliance.

 

Takva was recently summoned to the police department under the public prosecutor’s orders to give his statement as part of the investigation.

 

In a Twitter post he shared on 11 March, Takva wrote: “With HÜDA PAR, known for its affiliation to Hezbollah, joining the AKP alliance the electoral fronts have become more evident. Thus, racist, right-wing and [Islamist] reactionary groups, putting their internal conflicts aside, decide to join forces to run in the elections on a single front.”

 

Investigation against 69 journalists dismissed after nine years

 

An investigation launched in 2014 in İstanbul against 69 journalists on the allegation of “membership in a terrorist organization” was dismissed after nine years.

 

Citing the absence of criminal elements, the İstanbul Chief Public Prosecutor’s Office issued a decision of non-prosecution regarding the 69 journalists and Kurdish media outlets on 13 March 2023.

 

Journalist Özcan Yaman injured in accident

 

Evrensel columnist Özcan Yaman was injured on 28 March 2023 when he was hit by iron bars hanging about two meters off the back of a truck as he was on his way to cover an event organized by the Antakya Art Association. Author Adil Okay, who witnessed the incident, stated that they went to the police station afterwards and filed a complaint.

 

Journalist Merdan Yanardağ appears in court on “insulting the president” charge

 

Tele 1 TV Chief Editor Merdan Yanardağ appeared before the İstanbul 2nd Criminal Court of First Instance on 28 March 2023 for the first hearing of his trial on charges of “insulting the president.” The charge stems from an article series by Yanardağ, titled “Fascism and Islamofascism,” published in BirGün daily in 2022.

 

Yanardağ and his lawyer attended the hearing. Addressing the court for his defense statement, Yanardağ said the article series in question was an academic analysis. Asserting that the term “islamofascism” was a political science concept, Yanardağ said the accusation against him was ideologically motivated. Stating that expressions in his article were not intended as insults, Yanardağ requested to be acquitted.

 

Yanardağ’s lawyer Bilgütay Hakkı Durna also asserted that his client’s article series was a scientific piece of writing. “The indictment, which is the basis of criminal proceedings, does not even specify which statement in the article constitutes the elements of the alleged crime,” the lawyer said.

 

Ruling to wait for the submission of requested documents, the court adjourned the case until 18 July 2023.

 

Trial against journalist Furkan Karabay gets underway

 

Gerçek Gündem news portal editor Furkan Karabay appeared before the İstanbul 2nd Criminal Court of First Instance on 28 March 2023 for the first hearing in his trial on charges of “insult” and “libel.”

The case was launched upon complaints filed by President Recep Tayyip Erdoğan’s former lawyers Ahmet Özel and Mustafa Doğan İnal.

 

Karabay and his lawyer and the lawyers representing the complainants attended the hearing.

 

In his defense statement, Karabay explained that his report that is held as evidence for the accusations was based on allegations regarding the complainants that have been recorded in court minutes. Noting that a lawsuit filed by Ahmet Özel against Alper Cömertoğlu had been rejected, Karabay stated that the name of the other complainant, Mustafa Doğan İnal, was only mentioned in a single sentence in the story and that he had no intention of “insulting” or “defaming” the complainants.

 

Karabay’s lawyer asserted that Ahmet Özel had not granted authorization to an attorney and that therefore the case regarding Özel’s complaint should be dismissed.

 

Özel and İnal’s lawyer requested that the court sentence the journalist as charged.

 

Ruling to grant Ahmet Özel’s lawyers a continuance to submit letters of authorization to the court, the judge adjourned the case until 19 September 2023.

 

The report held as evidence for the accusations was published on 22 June 2022 on Gerçek Gündem. It covered allegations concerning several prosecutors previously based in İstanbul who were appointed to Antalya under a June 2022 decree issued by the Council of Judges and Prosecutors (HSK).

 

Karabay was previously sentenced to 2 years and 3 months in prison on charges of “insulting a public official” over the same report in a trial that only lasted for nine days and concluded on 13 October 2022.

 

Retrial of “Bakur” co-directors Mavioğlu and Demirel adjourned until June

 

The fourth hearing in the retrial of journalist Ertuğrul Mavioğlu and filmmaker Çayan Demirel on charges of “terrorism propaganda” for the documentary they co-directed, “Bakur” (North), was heldon 28 March 2023 at the Batman 2nd High Criminal Court.

 

Demirel and Mavioğlu, who were not in attendance, were represented by their lawyer Erkan Şenses.

 

The prosecutor requested that the court investigate the outcome of the inquiry sent to the 3rd Criminal Chamber of the Supreme Court of Appeals and the continuation of the international travel ban imposed on Mavioğlu. Şenses requested that Mavioğlu’s travel ban be lifted.

 

In its interim ruling, the court decided to wait for the 3rd Criminal Chamber of the Supreme Court of Appeals response regarding their review of a separate case file against Mavioğlu on charges of “terrorism propaganda.” Ordering the continuation of Mavioğlu’s travel ban, the court adjourned the retrial until 20 June 2023.

 

Journalist Hayko Bağdat’s trial to continue in September

 

The ninth hearing in journalist Hayko Bağdat’s trial on charges of “insulting the president” and “inciting hatred and animosity” on account of his social media posts and an article he wrote was heldon 29 March 2023 at the İstanbul 50th Criminal Court of First Instance.

 

Ruling to wait for the response to the letter rogatory for Bağdat’s statement to be taken abroad, the court adjourned the case until 27 September 2023.

 

Prosecutor’s final opinion expected in trial against Erdem Avşar

 

The first hearing of Yeniçağ newspaper Managing Editor Erdem Avşar’s trial on charges of “insult” and “libel” was held on 28 March 2023 at the İstanbul 2nd Criminal Court of First Instance. The case was launched upon a complaint filed by Serhat Albayrak.

 

The court accepted Albayrak and his lawyers’ request to join the case.Ruling to send the case file to the Chief Public Prosecutor’s Office for the draftişng of their final opinion, the court set 14 September 2023 as the date for the next hearing.

 

Journalist Sibel Hürtaş’s trial to continue in September

 

The fourth hearing of journalist Sibel Hürtaş’s trial on charges of “resisting [law enforcement] to prevent the performance of their duty” was held on 30 March 2023 at the Ankara 37th Criminal Court of First Instance.

 

The case was launched upon a complaint by four police officers who violently detained Hürtaş as she was covering a protest in Ankara on 3 July 2020 against the draft law for the establishment of multiple bar associations.

 

P24 monitored the hearing. Hürtaş and her lawyers were in attendance.

 

Ruling to inquire of the Ankara Police Department about whether Serkan Çakmak was head of the Security Branch and whether he was on duty on the day of the incident, the court decided that, depending on the response from the Police Department, Çakmak attend the next hearing to testify as a witness. The court adjourned the case until 26 September 2023.

 

A report about the hearing can be accessed here.

 

Journalist Oktay Candemir handed judicial fine for “insult”

 

Journalist Oktay Candemir appeared before the Van 5th Criminal Court of First Instance on 30 March 2023 for the the third hearing of his trial on charges of “insulting a public official” on account of a social media post.

 

Candemir and his lawyer Erhan Çiftçiler attended the hearing. Presenting their final opinion, the prosecutor requested that the court sentence Candemir as charged.

 

Addressing the court in response to the prosecutor’s final opinion, Candemir’s lawyer asserted that Candemir’s social media post was within the scope of the freedom of expression and information and requested his acquittal.

 

Issuing its judgment at the end of the hearing, the court sentenced Candemir to a judicial fine of TL 7,080 on charges of “insulting a public official.”

 

Candemir’s post criticized the former Governor of Van Mehmet Emin Bilmez, who replaced the city’s mayor as a government-appointed trustee in 2019.

 

Trial against Can Dündar and İnan Kızılkaya to continue in October

 

The 21st hearing of a trial in which Can Dündar, the former editor-in-chief of Cumhuriyet daily, and İnan Kızılkaya, the former responsible managing editor of the now-defunct Özgür Gündem newspaper, are charged with “insulting a public official” was held at the İstanbul 2nd Criminal Court of First Instance on 30 March 2023.

 

The defendants and their lawyers were not in attendance. Ruling to wait for the execution of the arrest warrant issued for Dündar, the court set 26 October 2023 as the date for the next hearing.

 

Dündar and Kızılkaya are accused on account of an article published in Özgür Gündem on 22 June 2016, the day on which Dündar symbolically edited the newspaper as part of the “Substitute Editor-in-Chief” solidarity campaign. The article was about judgments rendered by Bekir Altun, the former judge of the İstanbul 1st Criminal Judgeship of Peace. The indictment was issued following a complaint filed by Altun.

 

Trial against journalists Aziz Oruç and Ersin Çaksu adjourned

 

The 10th hearing of journalists Aziz Oruç and Ersin Çaksu’s trial on charges of “publicly denigrating the state of the Turkish Republic and its military and security forces” was held on 30 March 2023 at the İstanbul 2nd Criminal Court of First Instance.

 

The journalists did not attend the hearing. Ruling to await the execution of the arrest warrant for Çaksu, the court adjourned the case until 26 October 2023.

 

The journalists are accused over several news articles published between 21 October and 1 November 2016 in the now-defunct newspaper Özgürlükçü Demokrasi. Oruç and Çaksu’s files were separated at the final hearing of the original trial, held on 28 November 2019, because their statements could not be taken. Oruç has been jailed since 16 June 2022 as part of another case file.

 

At least 69 journalists and media workers in prison

 

As of 31 March 2023, there are at least 69 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

 

The full list can be accessed here.