Nine journalists jailed since October 2022 released pending trial; judge blocks access to report on blocked websites; Metin Yoksu handed prison sentence; Doğan Akın acquitted in “insult” case; arrest warrant issued for Deniz Yücel; district governor threatens journalist Ahmet Kanbal with death

 

Nine journalists jailed since October 2022 released pending trial

 

Mezopotamya News Agency (MA) Managing Editor Diren Yurtsever, MA Ankara News Manager Deniz Nazlım, MA reporters Berivan Altan, Selman Güzelyüz, Hakan Yalçın, Emrullah Acar and Ceylan Şahinli and JinNews reporters Habibe Eren and Öznur Değer, who were jailed pending trial in October 2022 as part of an investigation launched in Ankara; Yeni Yaşam newspaper distributor Hamdullah Bayram, who was jailed on 20 March 2023; and MA reporter Zemo Ağgöz and former MA intern Mehmet Günhan, who have been released under judicial control measures, appeared before the Ankara 4th High Criminal Court on 16 May 2023 for the first hearing in their trial on charges of “membership in a terrorist organization.”

 

P24 monitored the hearing. All defendants and their lawyers were in attendance. The court first heard statements by the jailed journalists. The journalists’ lawyer Resul Temur requested the release of his clients. The prosecutor then addressed the court, requesting the continuation of the journalists’ imprisonment, citing flight risk and the evidence collected so far.

 

In its interim ruling, the court decided to split the file against Hamdullah Bayram and merge it with an ongoing case overseen by a court in Şanlıurfa and ruled for the continuation of Bayram’s detention. The court ruled to release the rest of the jailed journalists pending trial and to lift the judicial control measures imposed on Zemo Ağgöz and Mehmet Günhan. Also ruling to inquire about whether there are any ongoing investigations or proceedings against MA and JinNews, the court decided to hear journalists Ferhat Çelik and Sadiye Eser as witnesses and to also hear an anonymous witness during the next hearing. The court adjourned the case until 5 July 2023.

 

For further information, see our report.

 

Judge blocks access to EngelliWeb report on blocked websites

 

Access to the Freedom of Expression Association’s (İFÖD) 2021 EngelliWeb Report was blocked by a decision of the Şile Criminal Judgeship of Peace on 18 May 2023. The decision was issued upon a complaint by a yoga instructor named Akif Manaf, who alleged a “violation of his personal rights.”

 

With the same decision, the judgeship also blocked access to online content published on 21 December 2021 on the Association’s website about an access block decision issued for a report about Human Rights Association (İHD) Co-Chair Eren Keskin’s acquittal of the charge of “misuse of public duty” on account of her remarks about Akif Manaf.

 

Access to Ekşi Sözlük blocked again

 

The Information Technologies and Communication Authority (BTK) announced that the new domain for the online forum site Ekşi Sözlük, eksisozluk2023.com, was blocked by the Ankara 6th Criminal Judgeship of Peace in a decision issued on 13 May 2023.

 

Access to Ekşi Sözlük was initially blocked in February, following which Ekşi Sözlük admins moved the website to its new domain. The forum site said in a statement on its Twitter account that they were aware of an access blocking decision but were not informed about the details, adding that they have not yet been formally notified of any court decision.

 

Journalist Metin Yoksu sentenced in “propaganda” case

 

The fourth hearing in journalist Metin Yoksu’s trial on charges of “terrorism propaganda” on account of a news photo was held at the Istanbul 23rd High Criminal Court on 15 May 2023.

 

P24 monitored the hearing. Yoksu, who did not attend the hearing, was represented by his lawyer, Ali Deniz Ceylan.

 

Reiterating their final opinion, first submitted during the first hearing of the case, the prosecutor asked the court to sentence the journalist as charged.

 

Addressing the court in response to the prosecutor’s final opinion, Yoksu’s lawyer reminded the court of the Constitutional Court’s judgments in which the top court held that the law enforcement collecting evidence through cyber patrol activity was unlawful, saying: “It would be a mistake to deem evidence collected through cyber patrol as real evidence and to take these into consideration while rendering a judgment.” Asserting that the photo held as the grounds for the accusation did not contain any violence or propaganda, the lawyer requested Yoksu’s acquittal.

 

Rendering its judgment at the end of the hearing, the court sentenced Yoksu to 1 year and 3 months in prison for “terrorism propaganda.” The court deferred the sentence.

 

Journalist Doğan Akın acquitted of “insult” at his first hearing

 

T24 Editor-in-Chief Doğan Akın appeared before the Istanbul 2nd Criminal Court of First Instance on 18 May 2023 for the first hearing of his trial on charges of “insulting a public official.” The case was launched upon a complaint filed by Industry and Technology Minister Mustafa Varank.

 

P24 monitored the hearing, where Akın and lawyers representing both sides were in attendance.

 

Addressing the court for his defense statement, Akın said the report held as the grounds for the accusation did not contain any insult and was not intended as an insult.

 

Akın’s lawyer Aslı Kazan asserted that the report did not contain any defaming remarks and requested her client’s acquittal of the alleged offense. Varank’s lawyer asked the court to sentence Akın as charged.

 

Presenting their final opinion, the prosecutor requested Akın’s acquittal on the grounds that the legal elements of the alleged offense were not present.

 

The court ruled for Akın’s acquittal since the act imputed to the journalist was not prescribed in the law.

 

Journalist Cengiz Çandar given judicial fine

 

The third hearing of journalist Cengiz Çandar’s trial on charges of “praising a crime or a criminal offender” on account of a social media post he had shared was held at the Istanbul 30th Criminal Court of First Instance on 16 May 2023.

 

Çandar, who was elected a Diyarbakır deputy from the Party of Greens and the Left Future (YSP) in the 14 May 2023 parliamentary election, did not attend the hearing. He was represented by his lawyer. Reminding the court that his client has been elected a MP, the lawyer requested that the proceedings be suspended as per Article 83/2 of the Constitution.

 

The prosecutor asked the court to reject the request, arguing that Çandar has not yet been given the official document verifying his status as an MP.

 

The court rejected Çandar’s lawyer’s request, saying that the election results have not yet been finalized and that the current circumstance did not require the suspension of the proceedings.

 

The prosecutor then reiterated their final opinion, asking the court to sentence Çandar as charged.

 

Addressing the court in response to the prosecutor’s final opinion, Çandar’s lawyer said the social media post held as the grounds for the accusation should be deemed within the scope of the freedom of expression and requested Çandar’s acquittal.

 

Issuing its judgment at the end of the hearing, the court sentenced Çandar to a judicial fine of TL 4,500 on charges of “praising a crime or a criminal offender.”

 

Journalist Barış Pehlivan briefly imprisoned, marking his fourth time in prison

 

Journalist Barış Pehlivan was briefly sent to prison on 17 May 2023 for “breaching a previous probation order” because he was indicted on account of an article he wrote in Cumhuriyet daily on 30 March 2023. Pehlivan was released the same day, a few hours after he surrendered to an open prison.

 

Speaking to reporters before his brief arrest, Pehlivan said this was the fourth time he was going to prison, adding: “Six different cases have been filed against me because of the articles I wrote in Cumhuriyet newspaper. However, the judiciary did not take those cases into account. But when Barış Terkoğlu and I wrote the book ‘SS,’ the seventh case filed against me was held as the grounds for me to go back to an open prison.”

 

Investigation against journalist İsmail Arı dismissed

 

An investigation launched against BirGün reporter İsmail Arı on the allegation of “disseminating misleading information” on account of his coverage of corruption allegations regarding the Turkish Red Crescent was dismissed by the press crimes investigation bureau under the Istanbul Chief Public Prosecutor’s Office.

 

Arı, who was summoned to the Prosecutor’s Office last week, was told that the Turkish Red Crescent Society and “Kızılay İçecek,” the society’s mineral water brand, had filed complaints against him due to his 21 March report headlined “Halkı zehirlemişler” (they poisoned the people), about claims that a supermarket chain had detected arsenic in mineral water bottled and sold by the Turkish Red Crescent in 2019.

 

After taking Arı’s statement, the prosecutor decided that there was no need to launch legal proceedings because the elements of the alleged offense were not present.

 

Investigation against journalist Canan Kaya dismissed

 

An investigation launched against Medya Koridoru Concessionaire and Editor-in-Chief Canan Kaya on the allegation of “spreading false information” on account of her broadcast about earthquakes was dismissed by the prosecutor’s office.

 

Referring to the freedom of the press, the prosecutor carrying out the investigation wrote in the dismissal decision that “intent” was “required for the offense of spreading misleading information” to have taken place.

 

The investigation was launched by the Press Crimes Investigation Bureau under the İstanbul Anadolu Chief Public Prosecutor’s Office on 18 March on account of Kaya’s YouTube broadcast dated 13 February 2023.

 

District governor threatens journalist Ahmet Kanbal with death

 

Ercan Kayabaşı, the district governor of Nusaybin, who is also the government-appointed trustee running the local Nusaybin Municipality, threatened journalist Ahmet Kanbal with death on his social media account after Kanbal asked him why the portrait of Mustafa Kemal Atatürk, the founder of the Turkish Republic, was removed from the frame on the wall in Kayabaşı’s office during a visit from an AKP deputy.

 

Claiming that Mezopotamya News Agency reporter Kanbal’s question was meant as “propaganda,” Kayabaşı wrote: “Your mountain rats had tried this one time. [They] ended up in a yellow [body] bag.”

 

Kanbal said that he would file a complaint against Kayabaşı.

 

Court issues arrest warrant for journalist Deniz Yücel

 

The sixth hearing in German-Turkish journalist Deniz Yücel’s trial on charges of “publicly denigrating the Turkish nation and the State of the Turkish Republic” and “insulting the president” was held at the İstanbul 2nd Criminal Court of First Instance on 18 May 2023.

 

P24 monitored the hearing. Since the Ministry of Justice has not initiated the procedure for Yücel’s statement to be taken in Germany, the court decided to issue an arrest warrant for Yücel.

 

The next hearing will be held on 17 October 2023.

 

Retrial of journalist Perihan Kaya to continue in November

 

The second hearing in journalist Perihan Kaya’s retrial on charges of “terrorism propaganda” was held at the Diyarbakır 10th High Criminal Court on 17 May 2023.

 

Neither Kaya nor her lawyer attended the hearing. The court set 10 November 2023 as the date for the next hearing.

 

In the original trial, Kaya was sentenced to 1 year and 3 months in prison for “terrorism propaganda” on account of her membership in the Free Journalists Association (ÖGC), which was closed under a statutory decree; her social media posts; her phone conversations with fellow journalists; and based on testimony by an anonymous witness, on the allegation that she “was part of the press organization of KCK.” However, the sentence was overturned by a regional court of justice, which ruled that the trial court should have taken into consideration the provision regarding “successive crimes” prescribed in Article 43 of the Turkish Penal Code because Kaya had “committed the propaganda offense many times through social media.”

 

Case against journalist Baransel Ağca to continue in November

 

The fifth hearing in a case in which journalist Baransel Ağca is charged with “inciting hatred and animosity” was held at the Istanbul 43rd Criminal Court of First Instance on 16 May 2023.

 

Ruling to wait for the response to the letter rogatory for Ağca’s statement to be taken abroad, the court adjourned the case until 7 November 2023.

 

The indictment issued by the press crimes investigation bureau under the Istanbul Chief Public Prosecutor’s Office accuses Ağca over a social media post he shared on 25 December 2020, in which he joked about Islam forbidding alcohol.

 

At least 62 journalists and media workers in prison

 

Following the release of Diren Yurtsever, Emrullah Acar, Berivan Altan, Öznur Değer, Hakan Yalçın, Habibe Eren, Ceylan Şahinli, Selman Güzelyüz and Deniz Nazlım earlier this week, as of 18 May 2023 there are at least 62 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

 

The full list can be accessed here.