Lawyer Efkan Bolaç acquitted; “Egemen operation plan” and “MGK” cases merged; journalists blocked, attacked, taken into custody while covering elections; Red Crescent executive files lawsuit against BirGün daily

 

Lawyer Efkan Bolaç acquitted of “insulting the president”

 

The third hearing in lawyer Efkan Bolaç’s trial on charges of “insulting the president” was held at the Istanbul 52nd Criminal Court of First Instance on 1 June 2023. The accusation stemmed from Bolaç’s social media posts in which he had shared cartoons by Carlos Latuff that depicted Berkin Elvan and the deadly Soma mine disaster.

 

P24 monitored the hearing. Bolaç and his lawyers were in attendance.

 

Presenting their final opinion, the prosecutor requested Bolaç’s acquittal, saying that his social media posts contained harsh criticism and that the legal elements of the alleged offense were not present.

 

President Erdoğan’s lawyer requested that the court sentence Bolaç.

 

Deciding that the social media posts in question were undiplomatic and irreverent but not insulting, the court ruled for Bolaç’s acquittal.

 

“Egemen operation plan” retrial merged with retrial of “MGK” case against Baransu

 

The second hearing in the retrial of the “Egemen operation plan” case against former Taraf executives Ahmet Altan, Yasemin Çongar, Yıldıray Oğur and reporter Mehmet Baransu was held at the Istanbul 13th High Criminal Court on 31 May 2023.

 

P24 monitored the hearing. Lawyers representing the defendants were in attendance. Baransu, the only jailed defendant in the case, addressed the court from the Silivri Prison via the judicial videoconferencing network SEGBİS.

 

The regional court of justice had argued in their reversal judgment that the present case should be merged with another case against Baransu, overseen by the Istanbul Anadolu 2nd High Criminal Court. Citing “legal and de facto connection between the cases,” the prosecutor also requested that the case be merged with the other file in which Baransu is charged with “disclosing information that should remain confidential for reasons related to the security and political interests of the state.”

 

Baransu’s lawyer Çiğdem Koç objected, saying there was no de facto connection between the two files and that therefore the joinder would be unlawful.

 

Çongar and Altan’s lawyer Figen Albuga Çalıkuşu also objected, saying the file overseen by the Anadolu 2nd High Criminal Court was only connected with Baransu and not the rest of the defendants in the present case.

 

Oğur’s lawyer Gülçin Avşar also asked the court to reject the prosecutor’s request, saying the file overseen by the Anadolu 2nd High Criminal Court did not contain any accusations against her client.

 

The court ruled that the present case be merged with the file overseen by the Istanbul Anadolu 2nd High Criminal Court, which will now oversee both files. The next hearing in the case will be held on 13 November 2023.

 

In the original case overseen by the Anadolu 2nd High Criminal Court, Baransu and Taraf’s former responsible editor Murat Şevki Çoban stood trial over a news report titled “Gülen’i bitirme kararı 2004’te MGK’da alındı” (Decision to finish off Gülen was taken at the 2004 National Security Council meeting), which was published in November 2013. At the final hearing in that case, the court acquitted Çoban but sentenced Baransu to a combined prison term of 17 years and 1 month on four different charges: “Securing confidential information related to the security of the state,” “Disclosing confidential information related to the security of the state,” “Unauthorized acquisition of documents and information concerning MİT’s duties and operations” and “Disclosing the contents of documents and information concerning MİT’s duties and operations through the press.” The sentence given to Baransu was later overturned by a regional court of justice, which also ordered a retrial.

 

Turkish Red Crescent executive files TL 250,000 lawsuit against BirGün

 

Turkish Red Crescent Supervisory Board member Şehmus Yıldırım filed a lawsuit against BirGündaily, seeking TL 250,000 in non-pecuniary damages over the newspaper’s 9 May 2023 report headlined “Önce tutuklandı sonra zengin oldu” (First arrested then became rich).

 

The complaint filed by Yıldırım’s lawyer claimed that BirGün’s reports on the public tenders Yıldırım had allegedly won “humiliated the plaintiff” and “his spiritual existence was damaged by being unfairly vilified.”

 

Jailed journalist denied medical examination for speaking in Kurdish

 

Xwebûn newspaper editor Zeynel Bulut, who was jailed in Diyarbakır on 16 June 2022 along with 15 fellow journalists, was denied medical examination because he was speaking with the doctor in Kurdish.

 

Bulut was taken to the Gazi Yaşargil Research and Training Hospital on 14 May due to an illness he was suffering. As Bulut was describing his symptoms in his native language, the soldiers who accompanied the journalist to the hospital told him that he “should speak in Turkish.”

 

Reacting to the soldiers, Bulut said: “Don’t be racist. Kurdish is my mother tongue. I express myself better in Kurdish.” The doctor examining Bulut also told the soldiers that the patient should speak in whichever language he expresses himself better. However, the soldiers handcuffed Bulut and took him back to the prison without letting the doctor complete his examination.

 

Bulut said he will file a complaint about the incident.

 

Journalists covering elections blocked, attacked, taken into custody

 

Dokuz8HABER reporter Fatoş Erdoğan was attacked by an AKP representative as she was covering the voting process in a middle school in Istanbul’s Kağıthane district on 28 May. The AKP representative took the journalist’s phone by force and kicked her and pulled her hair. Erdoğan suffered minor injuries due to the attack.

 

KRT TV reporter Sultan Eylem Keleş was prevented from broadcasting as she was covering the elections at a school in Istanbul’s Kadıköy district by an AKP-member city councilor of Kadıköy Municipality, who was the AKP representative in charge of the school.

 

A group of representatives from the Party of Greens and the Left Future (YSP), who went to the Yeniköy neighborhood in the Haliliye district of Şanlıurfa province upon reports that their observers were not allowed to vote, was attacked by a group wielding sticks and stones. During the scuffle, the camera of a Mezopotamya news agency reporter who was covering the incident was destroyed.

 

Journalist Vedat Aker, who was recording footage of a convoy of cars celebrating the presidential election result in Batman city center, was taken into custody.

Journalist Çiğdem Toker, who appeared as a guest commentator on Fox TV’s special broadcast on election night, was targeted by pro-AKP media outlets including Yeni Şafak, Takvim, Sabah, Yeni Akit and A Haber for saying: “Democracy is not limited to the ballot box. We need to support voters and citizens to express themselves in other areas of politics and we need to strive for this.”

 

RTÜK launches investigation against 6 TV channels

 

The Radio and Television Supreme Council (RTÜK) announced that it has drafted a report on Fox TV regarding journalist Çiğdem Toker’s on-air commentary concerning the elections on 28 May. The broadcasting watchdog also said it has launched investigations against Halk TV, Tele 1, KRT, TV 5, Flash Haber and Sözcü TV over their election night coverage, alleging their programs “contained commentary that denigrated the people.”

 

Governor denies investigation against police officer who threatened journalists

 

The Van Governor’s Office did not authorize the opening of an investigation against the police officer who threatened journalists with killing them, saying the officer “had reached for his gun in self-defense.”

 

Journalists covering a march that was intended to be held after a “Peace Day” demonstration organized by the Peoples’ Democratic Party (HDP) in Van province on 1 September 2022 were assaulted and threatened by the police.

 

Mesut Bağcı, one of the journalists covering the march, was assaulted by the police, who also broke his camera. A plainclothes officer who introduced himself as a member of the Anti-Terror Branch threatened to kill Mezopotamya News Agency reporter Berivan Kutlu and JinNews reporter Zelal Tunç, saying, “I’ll shoot you and no one will be able to find you,” and also drew his weapon against JinNews reporter Elfazi Toral.

 

Journalist Hakkı Boltan detained at police department

 

Journalist Hakkı Boltan, who was among 216 people facing arrest warrants as part of an investigation carried out by the Diyarbakır Chief Public Prosecutor’s Office, was taken into custody on the allegation of “membership in a terrorist organization” at the Diyarbakır Police Department, where he had gone to give his statement on 29 May.

 

Following the completion of procedures at the police department, Boltan was brought to the Diyarbakır Courthouse on 30 May. There, the prosecutor who took his statement referred Boltan to a criminal judgeship of peace, seeking his release under judicial control measures. The judge released Boltan under judicial control measures.

 

AKP-member councilor attacks journalist Ali Macit inside City Hall

 

The Istanbul Municipal Council convened at the City Hall in Saraçhane quarter on 30 May for a regular meeting. While CHP Group Deputy Chairman Tarık Balyalı was speaking, the AKP-member councilors left the assembly hall. Reportedly, a civilian swore at AKP Councilor Uğur Korkmaz as he was leaving the session. During the brawl, Korkmaz physically attacked Medyascope reporter Ali Macit, who was covering the incident, and prevented him from shooting footage.

 

Following the incident, Macit was also targeted on social media.

 

Russian journalist denied entry to Turkey due to “security threat”

 

Irina Alleman, the anchor of the YouTube channel Popular Politics, which supports jailed Russian opposition politician Aleksei Navalny, was denied entry to Turkey.

 

Alleman said on her Telegram account that her trip to Turkey to cover the runoff presidential election was not permitted by Turkish authorities, who cited a “national security threat” as the grounds for the decision. Alleman said Turkish border guards informed her at the airport in Istanbul that she had been barred from entering the country for five years due to “national security” issues and deported her. She said she was not informed about the nature of the “threat.”

 

Alleman had followed the first round of the elections in Turkey.

 

Journalists blocked from covering police intervention

 

The Human Rights Association (İHD) Istanbul Branch Commission against Disappearances and Saturday Mothers/People wanted to hold a joint candlelight vigil on a square in Şişli district on 30 May 2023 to mark the International Week of Struggle against Enforced Disappearances but they were blocked by the police. Reportedly, the police also prevented journalists from covering the intervention. The vigil was therefore held inside the İHD Istanbul branch building.

 

Case against journalist Yağmur Kaya to continue in October

 

The fourth hearing in the case against journalist Yağmur Kaya on charges of “marking persons assigned with the fight against terrorism as a target” was held at the Aydın 2nd High Criminal Court on 1 June 2023. The case was filed upon a complaint by Musa Çitil on account of an interview Kaya had conducted with Human Rights Association (İHD) Co-Chairperson Eren Keskin.

 

Ruling to wait for the submission of requested documents, the court adjourned the case until 5 October 2023.

 

Court dismisses lawsuit against Şirin Payzın

 

The second hearing in a lawsuit filed by President Erdoğan’s son-in-law and Baykar Defense CTO Selçuk Bayraktar against journalist Şirin Payzın and Halk TV, seeking TL 150,000 in non-pecuniary damages, was held at Istanbul’s Bakırköy 7th Civil Court on 1 June 2023.

 

Payzın and lawyers representing both sides were present in court. Payzın told the court that she had a 30-year career in journalism and that since her time as an intern reporter she has fulfilled her duty as a journalist without manipulating the public opinion, adding: “It is my responsibility to ask questions, to inform the public about matters they need to know, and to make comments where needed.”

 

Payzın’s lawyer Aslı Kazan asserted that matters of public concern were discussed and her client asked questions as a journalist during the broadcast for which her client is sued. The lawyer requested that the court dismiss the lawsuit.

 

The court dismissed the lawsuit.

 

The lawsuit stemmed from the questions asked by Şirin Payzın to Ahmet Kamil Erozan, a former ambassador and a deputy of the opposition İYİ Party, who appeared as a guest on an episode of Payzın’s show “Sözüm Var” that aired on Halk TV on 16 February 2022. The questions concerned unmanned aerial vehicles (UAVs) and unmanned combat aerial vehicles (UCAVs) manufactured by Baykar.

 

Eren Keskin acquitted in case over Deniz Poyraz post

 

The second hearing in a case in which Human Rights Association (İHD) Co-Chairperson Eren Keskin was charged with “insulting a public official” and “marking persons assigned with the fight against terrorism as a target” was held at the Izmir 18th High Criminal Court on 1 June 2023.

 

The court ruled for Keskin’s acquittal.

 

Keskin was on trial over a social media post in which she had commented on the murder of Deniz Poyraz in an armed attack targeting the Izmir provincial office of the Peoples’ Democratic Party (HDP) in 2021.

 

Court decides to wait until “insult and libel” case against Furkan Karabay concludes

 

The second hearing in a lawsuit filed by President Erdoğan’s former lawyer Mustafa Doğan İnal against Gerçek Gündem news portal and Furkan Karabay was held at the Istanbul 33rd Civil Court on 30 May 2023. İnal is seeking TL 100,000 in compensation over a 22 June 2022 report published by Gerçek Gündem, claiming that the report was “an attack on his personal rights.”

 

Karabay did not attend the hearing. He was represented by his lawyer. İnal’s lawyer Ferah Yıldız attended the hearing online.

 

In its interim ruling, the court decided to wait for the outcome of a case overseen by the Istanbul 2nd Criminal Court of First Instance, in which Karabay is charged with “insult” and “libel” over the same report, to be finalized, and set 14 December 2023 as the date for the next hearing.

 

Case against Burhan Ekinci adjourned until October

 

The eighth hearing in the case against journalist Burhan Ekinci on charges of “terrorism propaganda” on account of his social media posts was held at the Istanbul 30th High Criminal Court on 31 May 2023.

 

Ekinci, who lives abroad, was represented in the courtroom by his lawyer Merve Kurhan. The lawyer requested the court to lift the arrest warrant issued for her client and initiate procedures for Ekinci’s statement to be taken in his country of residence.

 

Citing the negative response fromto previous letters rogatory from German legal authorities, the court rejected the lawyer’s request. Ruling to wait for the execution of the arrest warrant for Ekinci, the court adjourned the case until 27 October 2023.

 

Two cases against Ahmet Sever adjourned until November

 

Two separate cases against journalist Ahmet Sever, a former press advisor for former President Abdullah Gül, resumed at the Istanbul 2nd Criminal Court of First Instance on 30 May 2023.

 

Sever is charged with “insulting the president” in one of the cases and “insulting a public official” in the other. The accusations are based on separate complaints filed by President Erdoğan and former Speaker of Parliament Mustafa Şentop on account of remarks in Sever’s 2018 political memoir “İçimde Kalmasın: Tanıklığımdır” (Getting it out of my system: my testimony).

 

P24 monitored the hearings. Sever, who lives abroad, was not present. He was represented by his lawyer, Filiz Aydın.

 

Ruling to wait for the response to letters rogatory issued for Sever’s statements to be taken in his current country of residence, the court adjourned both cases until 9 November 2023.

 

Case against Sadiye Eser adjourned

 

The 24th hearing in a case in which journalist Sadiye Eser is among 33 defendants charged with “membership in a terrorist organization” and “terrorism propaganda” was held at the Istanbul 6th High Criminal Court on 1 June 2023.

 

Ruling to wait for the execution of the arrest warrants issued for some of the defendants, the court adjourned the case until 26 October 2023.

 

File against Ahmet Birsin separated in “KCK academy” case

 

The 19th hearing in a trial in which Demokratik Modernite magazine editor Haydar Ergül and journalist Ahmet Birsin are among 17 defendants charged with “membership in a terrorist organization” was held at the Istanbul 22nd High Criminal Court on 31 May 2023.

 

None of the defendants attended the hearing. Their lawyers requested a continuance to prepare their statements in response to the prosecutor’s final opinion, which was submitted to the court on 13 February 2023.

 

The prosecutor asked the court to split the file against Birsin and reiterated their final opinion, demanding that the court sentence the rest of the defendants as charged.

 

Granting the defendants and their lawyers a continuance to prepare their statements in response to the prosecutor’s final opinion, and ordering the continuation of the international travel ban imposed on the defendants, the court decided to separate the file against Ahmet Birsin and set 4 October 2023 as the date for the next hearing.

 

At least 61 journalists and media workers in prison

 

As of 2 June 2023 there are at least 61 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

 

The full list can be accessed here.