Safiye Alağaş released after spending 1 year behind bars; Gökay Başcan handed prison sentence; Canan Coşkun and Barış Pehlivan acquitted; case against officer who assaulted journalist Ardıl Batmaz begins

 

Safiye Alağaş released after spending 1 year behind bars

 

Jailed JinNews News Manager Safiye Alağaş appeared before the Diyarbakır 5th High Criminal Court on 15 June 2023 for the first hearing in her trial on charges of of “membership in a terrorist organization.”

 

Alağaş and her lawyers were present in the courtroom.

 

In her defense statement, Alağaş said that journalists who inform the public about the truth are being branded as terrorists and traitors in Turkey.

 

Alağaş’s lawyer Resul Temur requested his client’s release pending trial, adding: “Kurdish press and journalists working for the Kurdish press are suffering an unlawful, ideologically motivated and systematic judicial harassment. In the indictments and in other documents drafted by the law enforcement, journalists are called ‘so-called journalists’ and newspapers are called ‘rags.’ These expressions are an indication that these prosecutors and law enforcement officials are acting on ideological motives and that these cases are not based on a legal approach.”

 

At the end of the hearing, the court ruled for Alağaş’s release pending trial and decided to inquire of the İstanbul Police Department about the anonymous witness. The court set 9 November 2023 as the date for the next hearing.

 

News articles penned by Alağaş and the editorial policy of JinNews are held as evidence for the accusation in the indictment. Alağaş was jailed pending trial on 16 June 2022 along with 15 other journalists as part of a separate investigation.

 

Journalist Gökay Başcan handed prison sentence for “insult”

 

The final hearing in a case in which BirGün daily editor Gökay Başcan, the newspaper’s Executive Board Chairman İbrahim Aydın and Managing Editor Mustafa Kömüş were charged with “insulting a public official” and “insulting the president” was held at the İstanbul 2nd Criminal Court of First Instance on 15 June 2023.

 

The court acquitted Aydın and Kömüş but sentenced Başcan to a combined prison term of 23 months and 10 days on both charges. The court suspended the sentence.

 

The case was launched on the allegation that the photo and the photo caption that accompanied an article BirGün published on 15 January 2021 about the independence of the judiciary had “insulted” President Recep Tayyip Erdoğan and Supreme Court of Appeals Judge Yüksel Kocaman.

 

Journalists Canan Coşkun and Barış Pehlivan acquitted

 

The third hearing in a case in which journalists Canan Coşkun and Barış Pehlivan were charged with “marking persons assigned with the fight against terrorism as a target” was held at the İstanbul 34th High Criminal Court on 13 June 2023. The case was launched upon a complaint by Akın Gürlek, the former presiding judge of the İstanbul 14th High Criminal Court, who is currently the Deputy Minister of Justice.

 

P24 monitored the hearing, attended by Coşkun and defense lawyers. Pehlivan did not attend.

 

The prosecutor reiterated the final opinion first submitted on 3 May 2023, asking the court to sentence Coşkun and Pehlivan as charged, arguing that their reports “exceeded the limits of freedom of expression.”

 

In her statement in response to the prosecutor’s final opinion, Coşkun said: “I stood trial on the same charge before and I was acquitted. I did not commit a crime. I did what my job requires, which is to inform the public.” Coşkun’s lawyer Abbas Yalçın requested his client’s acquittal, saying she had exercised her constitutional right and that the elements of the alleged offense had not taken place.

 

Pehlivan’s lawyer Hüseyin Ersöz also requested his client’s acquittal. Noting that Akın Gürlek was often talked about in news media due to his profession, Ersöz said, “My client’s act was within the scope of the public’s right to information and public interest.”

 

Asked for her last word, Coşkun said: “The judgment you are about to render will show whether the court sides with a judge who has systematically violated the Constitution or with journalism. I demand to be acquitted.”

 

The court acquitted Coşkun and Pehlivan on the grounds that the act attributed to the defendants was not defined as crime in the law.

 

Case against police officer who assaulted journalist Ardıl Batmaz begins

 

The case against a police officer who assaulted journalist Ardıl Batmaz got underway at the Elazığ 5th Criminal Court of First Instance on 15 June 2023. The police officer is charged with intentional injury.

 

Batmaz was present in court. His lawyer, Ülkü Şahin, who submitted a letter of excuse, did not attend the hearing. The accused police officer was absent.

 

In his statement, Batmaz told the court that on the day of the incident he was covering the news on a vehicle belonging to the Elazığ Governor’s Office. He added: “Before the incident the accused police officer wanted to see my press id. I showed him both my corporate ID card and my international press card. He kept my ID for about two or three minutes and took its picture. I could only take my card back after telling him what he did was illegal and that he had to return my card. This was the dispute the accused is talking about. His statements should not be trusted.”

 

The court decided to issue a writ to determine the permanent address of the accused officer and adjourned the case until 2 November 2023.

 

Batmaz was assaulted by a police officer protecting Şahin Şerifoğulları, the mayor of the AKP-run Elazığ Municipality, as the journalist was covering a visit by former Ministers of Interior Süleyman Soylu and Environment, Urbanization and Climate Change Murat Kurum on 26 April 2022. The Elazığ Chief Public Prosecutor’s Office issued an indictment against the officer, charging him with intentional injury and demanding restrictions on the exercise of certain rights.

 

Alican Uludağ summoned to prosecutor’s office

 

Journalist Alican Uludağ announced on 14 June 2023 that he had been summoned to the courthouse to give his statement to a public prosecutor concerning a social media post he had shared.

 

Uludağ wrote on his Twitter account that the Banking Regulation and Supervision Agency (BDDK) had filed a complaint against him 18 months ago: “Now that the election is over, shelved files are being opened. The İstanbul Chief Public Prosecutor’s Office wrote an instruction to Ankara to take my statement as a suspect 1.5 years after the BDDK’s complaint. The reason is the quoted tweet. I allegedly damaged trust in the banking system and created an atmosphere of panic.”

 

MA reporter Ceylan Şahinli acquitted in “propaganda” case

 

Mezopotamya News Agency (MA) reporter Ceylan Şahinli was acquitted of the “terrorism propaganda” charge at the third hearing in her trial, held at the Ankara 20th High Criminal Court on 12 June 2023.

 

Şahinli did not attend the hearing. Her lawyer addressed the court via the judicial videoconferencing network SEGBİS. Journalists Union of Turkey (TGS) Lawyer Ülkü Şahin monitored the hearing in the courtroom.

 

Submitting their final opinion, the prosecutor requested Şahinli’s acquittal on the grounds that the legal elements of the crime were not present. Ruling in line with the prosecutor’s final opinion, the court acquitted Şahinli.

 

The accusation stemmed from protests Şahinli had taken part in May 2017, during her time as a student.

 

Halk TV’s Serhan Asker briefly detained over program guest’s remarks

 

Halk TV show host Serhan Asker announced on his Twitter account on 9 June 2023 that he had been taken into custody in Ankara on account of televised remarks by a program guest who appeared on a show broadcasted on Halk TV. Asker was released later that day after his statement was taken.

 

Journalist Abdulkadir Turay released from prison

 

Abdülkadir Turay, a former reporter for the now-defunct Dicle News Agency (DİHA), has been released from prison, according to a social media post shared by the Dicle Fırat Journalists Association (DFG) on 14 June 2023.

 

Turay was jailed on 9 May 2016 and was later sentenced to 9 years in prison on charges of of “membership in a terrorist organization.” Turay was released from the Erzincan L Type Closed Prison upon completing his sentence.

 

Journalist Ahmet Kanbal charged with “disseminating untrue information” in new case

 

Journalist Ahmet Kanbal is charged with “disseminating untrue information” on account of a social media post in which he had shared allegations regarding a lost ballot box in the Mardin province in the recent elections.

 

Two separate investigations on the allegation of “disseminating untrue information” were launched against Kanbal, a reporter for Mezopotamya News Agency, on account of two reports he had penned in April and May.

 

The investigation regarding Kanbal’s report about the murder of HPG members Musa Kahraman and Lokman Görgün in Mardin’s Ömeryan region on 8 April was dismissed by the prosecutor for lack of concrete evidence or an indication requiring a public court case.

 

The second investigation against Kanbal was launched due to his social media post about allegations regarding the ballot box no. 1363 in Mardin province that got lost during the 14 May elections. The indictment issued against Kanbal was recently accepted by the Mardin 1st Criminal Court of First Instance.

 

Journalist Fırat Can Arslan released after spending 3 days in custody

 

Mezopotamya News Agency reporter Fırat Can Arslan, who was taken into custody in his home in Ankara on 7 June 2023 as part of an investigation launched in Kırşehir province, was taken to the courthouse on 10 June, after spending three days in custody.

 

There, Arslan gave his statement to a public prosecutor on the allegation of “terrorism propaganda.” The prosecutor referred Arslan to a Criminal Judgeship of Peace on Duty, requesting his release under judicial control measures. After hearing his statement, the judge released Arslan under judicial control measures.

 

Journalist Sinan Aygül’s appeal rejected by regional court

 

The Van Regional Court of Justice rejected an appeal by journalist Sinan Aygül against the 10-month prison sentence he had been given on charges of of “publicly disseminating untrue information.” The appellate court rendered its unanimous judgment on 26 May 2023.

 

Aygül’s lawyer Emine Özhasar said following the regional court’s rejection, the file was pending review by the Supreme Court of Appeals.

 

Aygül became the first journalist to stand trial on charges of of “disseminating untrue information” upon sharing on his social media account a report about a child abuse incident on 13 December 2022.

 

On 28 February 2023, Aygül was sentenced to 10 months in prison by the Tatvan Criminal Court of First Instance for “disseminating untrue information.” Aygül and his lawyers appealed against the sentence.

 

“Propaganda” case against writer Gökhan Yavuzel begins

 

The first hearing in a case in which writer Gökhan Yavuzel is charged with “terrorism propaganda” was held at the Şanlıurfa 5th High Criminal Court on 15 June 2023.

 

Deciding to hand over the file to the prosecutor for the drafting of their final opinion, the court set 19 October 2023 as the date for the second hearing.

 

Two cases against journalist Baransel Ağca adjourned

 

The third hearing in a case in which journalist Baransel Ağca is charged with “illegally obtaining personal information” for disclosing the autopsy report of Yeldana Kaharman, a foreign journalism student who was found dead in her home in Elazığ province in 2019, was held at the Elazığ 8th Criminal Court of First Instance on 13 June 2023.

 

Neither Ağca, who lives abroad, nor his lawyer attended the hearing. Ruling to wait for the response to letters rogatory issued for Ağca’s statement to be taken in his current country of residence, the court adjourned the case until 7 July 2023.

 

Also on 13 June, another case in which Ağca is charged with “insulting the president” resumed at the İstanbul 2nd Criminal Court of First Instance. This was the fifth hearing in the trial. The accusation stems from two social media posts Ağca shared in 2016 and 2021.

 

Ağca’s lawyer and a lawyer representing President Erdoğan attended the hearing.

 

Ruling to wait for the execution of the arrest warrant for Ağca and the response to letters rogatory issued for his statement to be taken abroad, the court adjourned the case until 23 November 2023.

 

Lawsuit against Hazal Ocak to continue in December

 

The eighth hearing in a TL 200,000 lawsuit filed by former Treasury and Finance Minister Berat Albayrak against former Cumhuriyet reporter Hazal Ocak was held at the İstanbul 33rd Civil Court on 13 June 2023.

 

Ocak did not attend the hearing. She was represented by her lawyer.

 

The court decided to wait for Ocak’s acquittal in a criminal case filed over the same report to become finalized and adjourned the lawsuit until 14 December 2023.

 

Charlie Hebdo case to continue in December

 

The fourth hearing in a case in which three executives of the French satirical magazine Charlie Hebdo, Julien Serignac, Gérard Biard and Laurent Sourisseau, and cartoonist Alice Petit are charged with “insulting the president” was held at the Ankara 2nd Criminal Court of First Instance on 13 June 2023.

 

The accusation stems from a caricature depicting President Erdoğan, published on the weekly’s front cover on 28 October 2020.

 

None of the defendants attended the hearing.

 

The court said that the Justice Ministry had yet to respond to a writ issued on 19 November 2021 for the defendants’ identities to be established and their statements to be taken. Ruling to inquire about the outcome of the letters rogatory, the court adjourned the case until 7 December 2023.

 

Case against journalist Ferhat Parlak dismissed on grounds of double jeopardy

 

The fourth hearing in the retrial of journalist Ferhat Parlak on charges of of “membership in a terrorist organization” was held at the Diyarbakır 11th High Criminal Court on 14 June 2023.

 

Parlak was in attendance.

 

Pointing out that the acquittal judgment rendered by the Diyarbakır 4th High Criminal Court in the case where Parlak was charged with “membership in a terrorist organization” became final in 2017, the court dismissed the present case on the grounds of a previous judgment rendered for Parlak on the same charge and based on the same evidence.

 

Retrial of Altan, Ilıcak, Yazıcı and Şimşek begins

 

The retrial of Ahmet Altan, Nazlı Ilıcak, Fevzi Yazıcı and Yakup Şimşek got underway at the İstanbul 26th High Criminal Court on 13 June 2023. The retrial was ordered by the Supreme Court of Appeals, which in December 2022 overturned the sentences rendered for three more defendants in the “Altans case” -- Fevzi Yazıcı, Yakup Şimşek and Şükrü Tuğrul Özşengül.

 

P24 monitored the hearing. Ilıcak, Şimşek and Yazıcı and lawyers representing the defendants were present in the courtroom. Ahmet Altan did not attend due to medical reasons.

 

The hearing began with a reading of the Supreme Court of Appeals judgment. Afterwards, Ilıcak, Şimşek and Yazıcı addressed the court, requesting the trial court to comply with the high court’s judgment. The court ruled unanimously to comply with the Supreme Court of Appeals judgment.

 

Afterwards Ilıcak, Şimşek and Yazıcı addressed the court for their defense statements. All three requested to be acquitted and demanded that the court lift their travel ban.

 

Issuing an interim ruling, the court ordered the continuation of the travel ban imposed on the defendants and adjourned the case until 26 October 2023.

 

For further information, see our report.

 

Retrial of former Özgürlükçü Demokrasi staffers adjourned

 

The retrial of former staffers of the now-defunct Özgürlükçü Demokrasi newspaper resumed at the İstanbul 23rd High Criminal Court on 12 June 2023. This was the eighth hearing in the retrial, ordered by a regional court of justice, which reversed the sentences and acquittal judgments rendered by the trial court.

 

P24 monitored the hearing, which was attended by Özcan Kılıç, the lawyer representing the defendants.

 

The court ordered the continuation of the international travel ban imposed on the defendants. Ruling to wait for the completion of the expert report about whether the newspaper had “supported terrorist acts,” the court adjourned the case until 1 November 2023.

 

Case against journalist Yetkin Yıldız adjourned again

 

The 24th hearing in journalist Yetkin Yıldız’s trial on charges of “insult” and “libel” on account of an article published on the news portal Aktif Haber on 23 July 2015 was held at the Bakırköy 31st Criminal Court of First Instance on 13 June 2023. The case was launched in 2016 based on a complaint filed by former Interior Minister Efkan Ala. The accusations stem from a news article titled “Fuat Avni Suruç patlaması ile ilgili Twitter’dan çarpıcı mesajlar paylaştı” (striking remarks by Fuat Avni concerning the Suruç bombing).

 

Yıldız attended the hearing.

 

Based on a previous decision by the Bakırköy court, the sentence Yıldız was given in 2018 in the case publicly known as the “FETÖ media trial” is a prejudicial question regarding the “libel” accusation in the present case. The sentence Yıldız was given in that trial has been reversed by the Supreme Court of Appeals and his retrial is ongoing.

 

During this week’s hearing, the Bakırköy court decided to inquire once again of the İstanbul 25th High Criminal Court about the outcome of Yıldız’s retrial and to discuss whether to split the “insult” and “libel” charges against Yıldız at the next hearing, which will be held on 24 October 2023.

 

Case against İsminaz Temel and Havva Cuştan to continue in November

 

A case in which Etkin News Agency (ETHA) editor İsminaz Temel and reporter Havva Cuştan are among 23 defendants charged with “membership in a terrorist organization” and “terrorism propaganda” resumed on 13 June 2023 at the İstanbul 27th High Criminal Court.

 

Some of the defendants and defense lawyers attended the hearing, which was the 22nd court session in the case. Stating that his client applied for a six-month training abroad, Cuştan’s lawyer Hüseyin Boğatekin asked the court to lift his client’s travel ban so she can attend the training.

 

Ruling for the continuation of the international travel ban imposed on the defendants, the court set 9 November 2023 as the date for the next hearing.

 

Case against journalist Eren Tutel adjourned again

 

The sixth hearing in the case against BirGün newspaper’s sports editor Eren Tutel was held at the İstanbul 2nd Criminal Court of First Instance on 15 June 2023. Tutel is charged with “insulting a public official” for reporting on corruption allegations concerning the Turkish Wushu Federation (TWF) and its executives.

 

P24 monitored the hearing, which was attended by Tutel’s lawyer. The lawyer representing the complainants submitted a letter of excuse.

 

The prosecutor reiterated the final opinion first submitted during the hearing held on 17 November 2022, asking the court to sentence Tutel as charged.

 

Tutel’s lawyer Tolgay Güvercin reiterated their final defense statement originally submitted to the court in writing, requesting his client’s acquittal.

 

Accepting the excuse submitted by the lawyer representing the complainants for the last time, the court adjourned the case until 28 September 2023.

 

Danish journalist Mads Anneberg’s trial adjourned

 

The seventh hearing in a case in which Danish journalist Mads Anneberg is charged with “trespassing on restricted military areas” was held at the Edirne 2nd Criminal Court of First Instance on 14 June 2023. Anneberg was taken into custody while covering the refugee situation on the Turkish-Greek border on 3 March 2020.

 

Anneberg did not attend the hearing. Ruling to wait for the execution of the arrest warrant issued for Anneberg, the court adjourned the case until 1 December 2023.

 

At least 59 journalists and media workers in prison

 

Following the release of journalists Safiye Alağaş and Abdülkadir Turay, as of 16 June 2023 there are at least 59 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

 

The full list can be accessed here.