Journalist Sinan Aygül suffers violent attack; 2 journalists released from prison; European Court rules detention of journalist Hidayet Karaca violated his right to liberty; case opened against 3 journalists violently taken into custody

 

Journalist Sinan Aygül attacked by municipal officials in Tatvan

 

Journalist Sinan Aygül was assaulted by the bodyguard of Mehmet Emin Geylani, the mayor of the local Tatvan Municipality in Bitlis province, and a municipal official on 17 June 2023.

 

Aygül was walking on the sidewalk when two men who got out of a vehicle belonging to the city came after him and started hitting him on his head. Aygül said the men also insulted and threatened him, saying, “If you write about the mayor one more time you’ll die.”

 

Following the attack, Aygül was taken to the Tatvan State Hospital.

 

The Bitlis Governor’s Office issued a statement later that day, announcing that the two assailants were suspended from duty. On 18 June, the two assailants were arrested for intentional injury by using a weapon.

 

European Court rules detention of Hidayet Karaca violated his right to liberty and security

 

The European Court of Human Rights (ECtHR) ruled that the detention of journalist Hidayet Karaca, the former director of the Samanyolu Broadcasting Group, violated his right to liberty and security, safeguarded in Article 5 of the European Convention on Human Rights (ECHR).

 

Karaca has been jailed in the Silivri Prison since 2014, when he was detained as part of the “Tahşiyeciler” investigation. Karaca’s lawyers lodged an application with the European Court in 2015. The Samanyolu Broadcasting Group was closed down by the government in the aftermath of the failed coup attempt of 15 July 2016.

 

In their 20 June 2023 judgment, the ECtHR found violations of Article 5(1) due to the unlawful continuation of the applicant’s pre-trial detention by order of magistrates he had challenged; Article 5(4) due to lack of sufficient guarantees that the continuation of his pre-trial detention had been decided by an “independent and impartial tribunal”; and Article 5(3) due to the excessive length of the applicant’s pre-trial detention.

 

The Court ordered that Turkey pay Karaca a sum of 18,000 euros in compensation.

 

Journalist Cafer Elmas injured in armed attack

 

Journalist Cafer Elmas, the editor-in-chief of the local Bilecik Yarın newspaper, was injured in an armed attack in front of his home on 19 June 2023.

 

Elmas was preparing to get out of his car in front of his house as the assailant approached him and fired a few shots at the journalist before running away. Elmas, who was injured in his hand and foot, tried to follow the assailant for a while.

 

The journalist was then taken to the Bilecik Research and Training Hospital.

 

The police launched an investigation into the attack and detained the suspect and his father, who allegedly incited the attack. Following the procedures at the police department, the suspect and his father were brought to the courthouse, where the attacker was arrested and his father was released under judicial control measures.

 

Journalists Yıldız Tar, Sibel Yükler and Deniz Nazlım to stand trial

 

Journalists Sibel Yükler, Yıldız Tar and Deniz Nazlım, who were violently detained by the police as they were trying to join a press statement in Ankara last summer, are now charged with “violating the Law on Assemblies and Demonstrations” in a new indictment issued by the Ankara Chief Public Prosecutor’s Office.

 

The indictment was accepted by the Ankara 71st Criminal Court of First Instance, which set 9 January 2024 as the date for the first hearing in the case.

 

Tar, Nazlım and Yükler were detained by the police as they were trying to participate in a press statement organized in Ankara on 5 July 2022 in protest of the arrest of fellow journalists in Diyarbakır on 16 June 2022.

 

Mezopotamya News Agency faces investigation for covering sexual abuse claims

 

The Sakarya Chief Public Prosecutor’s Office has launched an investigation against the Mezopotamya News Agency (MA) on account of their 10 October 2022 report, which claimed that the Sakarya Garrison Commander had been arrested for sexually abusing 15 soldiers. Access to the report has been blocked. The investigation was launched upon a complaint filed by the garrison commander whose name was mentioned in the article, Colonel Fahri Can Çağlar.

 

MA Responsible Managing Editor Diren Yurtsever, who was recently called in to the Taksim Police Station for questioning as part of the investigation, said in her statement that the incident was newsworthy.

 

Journalist İsmail Saymaz to stand trial upon complaint filed by judge

 

A new case was opened against journalist İsmail Saymaz on charges of “insult” and “marking a person assigned with the fight against terrorism as a target.” The case was launched upon a complaint filed by Judge Murat Bircan on account of Saymaz’s report headlined “Gezi Davası'ndaki AK Partili hakimin eşi FETÖ itirafçısıymış” (wife of pro-AK Party judge in Gezi trial was a FETÖ confessor).

 

The case will be overseen by the İstanbul 24th High Criminal Court. The first hearing is scheduled for 10 October 2023.

 

Journalist Barış Terkoğlu charged with “insult” in new case

 

Journalist Barış Terkoğlu is charged with “insult” in a new case filed against him on account of two articles he penned for Cumhuriyet daily. The case, launched upon a complaint by the İstanbul Chief Public Prosecutor's Office, will be overseen by the İstanbul 2nd Criminal Court of First Instance.

 

Retrial of “insult” case against journalist Hakkı Boltan begins

 

Journalist Hakkı Boltan’s retrial on charges of “insulting the president” and “insulting a public official” got underway at the Diyarbakır 12th Criminal Court of First Instance on 20 June 2023.

 

Boltan, who did not attend the hearing, was represented by his lawyer.

 

Boltan’s lawyer Resul Temur reminded the court that complaints filed on charges of “insulting the president” were withdrawn following the deadly earthquakes of February 2023. Temur requested that the court inquire of President Erdoğan’s lawyers about whether they withdrew their complaint or not.

 

The court rejected the request. Noting that the Regional Court of Justice judgment concerning Boltan had already been delivered and that there was no response regarding a withdrawal of the complaint, the judge adjourned the case until 26 October 2023.

 

Boltan was charged with “insulting” President Erdoğan and former Prime Minister Ahmet Davutoğlu over statements he made concerning the death of Rohat Aktaş, the former managing editor of Azadiya Welat newspaper, who was found dead in a basement in Cizre district during the curfews imposed in 2016. In the initial trial, the Diyarbakır 12th Criminal Court of First Instance had sentenced Boltan to 1 year, 2 months and 17 days in prison for “insulting” Erdoğan and 10 months for “insulting” Davutoğlu.

 

Retrial of “Bakur” co-directors to continue in October

 

The fifth hearing in the retrial of journalist Ertuğrul Mavioğlu and filmmaker Çayan Demirel was held at the Batman 2nd High Criminal Court on 20 June 2023. Mavioğlu and Demirel are charged with “terrorism propaganda” on account of the documentary they co-directed, “Bakur” (North).

 

Ruling to wait for the response to an inquiry regarding the outcome of the Supreme Court of Appeals’ review of a “terrorism propaganda” case against Mavioğlu, the court adjourned the case until 26 October 2023.

 

Journalist İdris Yayla acquitted

 

The 14th hearing in a case in which Jiyan Haber news portal Concessionaire İdris Yayla was among 25 defendants charged with “violating the Law on Assemblies and Demonstrations” was held at the Batman 1st Criminal Court of First Instance on 22 June 2023.

 

The court acquitted all 25 defendants on the grounds that the elements of the alleged offense were not present.

 

“Vice News case” adjourned until November

 

The 16th hearing in the “Vice News case,” in which reporter Jake Hanrahan is charged with “violating the Law on the Prevention of the Financing of Terrorism,” “terrorism propaganda” and “membership in a terrorist organization” and cameraman Philip Pendlebury is charged with “membership in a terrorist organization,” was held at the Diyarbakır 8th High Criminal Court on 22 June 2023.

 

The journalists did not attend the hearing. They were represented by their lawyer.

 

The presiding judge told those in attendance that although the statements of the defendants, taken by the British judicial authorities, were supposed to be sent to the Justice Ministry for their official translation to be delivered to the court, the court personnel had failed to notify the Ministry following the previous hearing held in November.

 

Ruling to write to the Ministry of Justice for a second time in order to have the Turkish translation of the documents containing the journalists’ statements, the court adjourned the case until 14 November 2023.

 

“Propaganda” case against journalist Eylül Deniz Yaşar adjourned until October

 

The second hearing in journalist Eylül Deniz Yaşar’s trial on charges of “terrorism propaganda” was held at the Ankara 4th High Criminal Court on 22 June 2023.

 

Presenting their final opinion, the prosecutor requested that the court sentence Yaşar as charged.

 

The court adjourned the case until 12 October 2023, granting time for the preparation of the journalist’s statement in response to the prosecutor’s final opinion.

 

Case against 100 defendants including journalist Zilan Azad begins

 

A case in which a total of 100 defendants, including journalist Zilan Azad, are charged with “violating the Law on Assemblies and Demonstrations” got underway at İstanbul’s Anadolu 17th Criminal Court of First Instance on 21 June 2023.

 

Due to insufficient seating capacity, the judge did not let observers in the courtroom. Some of the defendants and their lawyers attended the hearing.

 

The lawyers asked the court to rule for the immediate acquittal of the defendants.

 

Rejecting requests for immediate acquittal and ruling to hear the defendants who have yet to give their statements at the next hearing, the judge adjourned the case until 11 October 2023.

 

Dozens of people were detained during a demonstration in Kadıköy on 1 September 2022, which is marked as “World Peace Day” in Turkey. An indictment was later issued against 100 people who were among those detained during the demonstration. However, in the indictment, the date of the attributed offense is 8 March 2022.

 

“Insulting the president” case against Sedef Kabaş begins

 

The first hearing in journalist Sedef Kabaş’s trial on charges of “insulting the president” was held at İstanbul’s Anadolu 2nd Criminal Court of First Instance on 22 June 2023.

 

Granting the defense lawyers a continuance to submit to the court the grounds and evidence supporting their motion seeking the recusal of the judge, the court adjourned the case until 16 November 2023.

 

Case against Ramazan Yurttapan and Haydar Ergül adjourned until November

 

The third hearing in the trial of Demokratik Modernite magazine Responsible Managing Editor Ramazan Yurttapan and editor Haydar Ergül on charges of “insulting the president” over an article published in the magazine was held at the İstanbul 2nd Criminal Court of First Instance on 20 June 2023.

 

P24 monitored the hearing. Yurttapan and Ergül, who did not attend the hearing, were represented by their lawyer, Sercan Korkmaz. A lawyer representing President Erdoğan was also in attendance.

 

Erdoğan’s lawyer requested that the court sentence the defendants.

 

Reminding the court that his clients were charged with “terrorism propaganda” on account of the same article in a separate case overseen by the İstanbul 30th High Criminal Court, Yurttapan and Ergül’s lawyer asked the court to consider a joinder of the two case files.

 

Ruling to wait for the execution of the arrest warrant for Selçuk Uçar, a third defendant who was included in the case through a previous joinder, and to give Ergül and Yurttapan’s lawyer time to submit to the court the case number of the trial overseen by the İstanbul 30th High Criminal Court, the judge adjourned the case until 21 November 2023.

 

“KCK Press Trial” adjourned once again

 

The 28th hearing in the long-running “KCK Press Trial,” in which 46 journalists and media workers are charged with “membership in a terrorist organization,” “leading a terrorist organization” and “terrorism propaganda,” was held at the İstanbul 3rd High Criminal Court on 20 June 2023.

 

None of the defendants were in attendance. Their lawyers were present in the courtroom. Ruling to wait for the submission of requested documents, the court adjourned the case until 31 October 2023.

 

The 46 press members on trial were detained on 20 December 2011 in a sweeping raid targeting the now-defunct Dicle News Agency, Özgür Gündem, Azadiya Welat and Demokratik Modernitenewspapers, and the distribution company Fırat Dağıtım. Among them, 32 were jailed pending trial on 24 December 2011. The jailed defendants have since been released. The indictment accuses the journalists over their journalistic work.

 

İleri Haber editors İzel Sezer and Doğan Ergün sentenced

 

İleri Haber Editor-in-Chief İzel Sezer and the news portal’s former Chief Editor Doğan Ergün appeared before the İstanbul 33rd Criminal Court of First Instance on 20 June 2023 for the sixth hearing in their trial on charges of “insult,” “libel” and “illegally disclosing information obtained through recording private conversations between persons.”

 

The case was launched upon a complaint by President Erdoğan’s former lawyer Mustafa Doğan İnal. The accusations stem from İleri Haber’s coverage of bribery allegations against İnal.

 

P24 monitored the hearing, attended by Ergün, Sezer and their lawyer, Özgür Urfa.

 

Lawyer Urfa had filed a motion seeking the recusal of the judge at the previous hearing, claiming the court lacked objectivity and impartiality. The judge informed those in attendance that the motion had been rejected.

 

The prosecutor then reiterated their final opinion, which was first submitted to the court on 2 December 2022. The prosecutor asked the court to sentence Ergün and Sezer as charged. The lawyer representing İnal also asked the court to sentence the journalists.

 

In her statement in response to the prosecutor’s final opinion, Sezer said: “The report that is subject to the accusations was within the scope of freedom of the press and adhered to the principles of journalism. I hope that today a legal judgment will be rendered in this case, not a political one.”

 

Addressing the court next, Ergün said: “The conversations [covered in the report] do not only consist of corruption allegations, but also involve a foreign company putting pressure on independent courts to protect its rights. It is thought-provoking that this allegation becomes the subject of a criminal complaint after it gets covered in the news. I believe that this case will be concluded in accordance with the law.”

 

The journalists’ lawyer asserted that reporting on information that has already become public was not a crime and requested his clients’ acquittals.

 

Rendering its judgment at the end of the hearing, the court acquitted Sezer and Ergün of the “insult” and “libel” charges but sentenced the journalists to 1 year and 8 months in prison each for “illegally disclosing information obtained through recording private conversations between persons.” The court suspended the sentences.

 

Lawsuit against columnist Ceren Sözeri adjourned until January

 

The ninth hearing in a lawsuit filed by the pro-government Turkuvaz Media Group against academic and Evrensel columnist Ceren Sözeri was held at the İstanbul 2nd Commercial Court of First Instance on 21 June 2023. Turkuvaz Media is seeking TL 200,000 in compensation for an April 2019 article by Sözeri, titled “AKP’ye kim oy kaybettirdi” (Who made AKP lose votes).

 

P24 monitored the hearing, where Sözeri and her lawyer Devrim Avcı were in attendance. A lawyer representing Turkuvaz Media Group CEO Serhat Albayrak was also present.

 

The court ruled to wait until the finalization of the regional court of appeals’ reviews of two other lawsuits filed against similar articles, overseen by the İstanbul 8th and 13th civil courts. The court set 10 January 2024 as the date for the next hearing.

 

Case against Barış Pehlivan and Ozan Alper Yurtoğlu to continue in November

 

The third hearing in a case in which journalists Barış Pehlivan and Ozan Alper Yurtoğlu are charged with “insulting the president” and “insulting a public official” was held at the İstanbul 15th Criminal Court of First Instance on 22 June 2023.

 

P24 monitored the hearing, which was attended by the lawyers representing Pehlivan and Yurtoğlu.

 

The court adjourned the case until 16 November 2023, awaiting the submission of requested documents.

 

Case against Mehmet Göcekli to continue in December

 

The fourth hearing in Demokrat Haber Editor-in-Chief and Concessionaire Mehmet Göcekli’s trial on charges of “terrorism propaganda” was held at the İstanbul 27th High Criminal Court on 22 June 2023.

 

P24 monitored the hearing, which was attended by Göcekli’s lawyer, Ceren Kalı.

 

Göcekli’s lawyer requested a continuance to submit her client’s new permanent address to the court.

 

The court granted the lawyer a continuance but also decided to issue an arrest warrant against Göcekli for his statement to be taken and for evidence to be collected due to the negative response to the letters rogatory and the lack of a permanent address associated with the defendant. The court set 26 December 2023 as the date for the next hearing.

 

Social media posts Göcekli shared between 2011 and 2016, including those featuring reports published on Demokrat Haber, and posts shared on Demokrat Haber’s Facebook account between 2015 and 2018 are held as evidence against Göcekli in the indictment.

 

Journalist Sezgin Kartal released after 5 months in pre-trial detention

 

Karşı Mahalle reporter Sezgin Kartal appeared before the İstanbul 22nd High Criminal Court on 22 June 2023 for the second hearing in his trial on charges of “membership in a terrorist organization.”

 

P24 monitored the hearing. Kartal, who has been jailed pending trial since 13 January 2023, and his lawyers were present in the courtroom.

 

Addressing the court regarding his request to be released pending trial, Kartal said: “Throughout my life as a journalist, I have never written an article praising any terrorist organization. If I were a member of any organization, I would not be able to reside at the same address for 14 years, nor would I be able to travel freely or stay in hotels. Despite the fact that I am not a terrorist organization member, I have been under arrest for six months. I request to be released.”

 

Kartal’s lawyer Meriç Eyüboğlu stated that there was missing evidence in the file and requested further investigation. Eyüboğlu demanded her client’s release, adding that a period of pre-trial detention close to six months was too long.

 

The prosecutor requested the continuation of Kartal’s detention, citing “strong suspicion of crime.”

 

Addressing the court in response to the prosecutor’s request, lawyer Eyüboğlu said: “My client is not a member of a terrorist organization. He hasn’t changed his address or his mobile phone number for many years. Detention should not turn into punishment. I demand his release under judicial control measures.”

 

In its interim ruling, the court ruled for Kartal’s release under a ban on traveling abroad and set 31 October 2023 as the date for the next hearing.

 

Court rules for JinNews reporter Beritan Canözer’s release

 

The Diyarbakır 10th High Criminal Court ruled for jailed JinNews reporter Beritan Canözer’s release on 23 June 2023.

 

Canözer was detained on 25 April 2023 as part of an investigation carried out by the Diyarbakır Chief Public Prosecutor’s Office. After two days in police custody, Canözer and four other journalists were jailed pending trial on charges of “membership in a terrorist organization” on 27 April.

 

The court cited the available evidence, a probable amendment to the nature of the alleged offense, and no substantial evidence of flight risk or tampering of evidence as the grounds for their decision.

 

Canözer was expected to be released upon delivery of the court’s release order to the prison management.

 

“Insult” case against Ahmet Altan adjourned until December

 

The 10th hearing in novelist and journalist Ahmet Altan’s trial on charges of “insulting a public official” was held at İstanbul’s Anadolu 2nd Criminal Court of First Instance on 22 June 2023. Altan is on trial for allegedly insulting former Supreme Court of Appeals General Prosecutor Abdurrahman Yalçınkaya in an article he penned in March 2008 for his regular column in the now-defunct Taraf newspaper.

 

Neither Altan nor his lawyer were in attendance.

 

The case had been relaunched after a previous sentence Altan had been given by the İstanbul 32nd Criminal Court of First Instance for “insulting the president” was upheld by a regional court of appeals in March 2018.

 

In its interim ruling, the court decided to inquire once again of the 32nd Criminal Court of First Instance about whether the Supreme Court of Appeals has finished reviewing the file and set 5 December 2023 as the date for the next hearing.

 

At least 57 journalists and media workers in prison

 

Following the release of journalists Beritan Canözer and Sezgin Kartal, as of 23 June 2023 there are at least 57 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

 

The full list can be accessed here.