Constitutional Court finds rights violations in 2 applications filed by journalists; fines handed to 3 police officers who detained journalist Beyza Kural overturned by appellate court; RTÜK’s 7-day penalty for Tele 1 suspended; journalist covering Suruç commemoration violently detained

 

Court hearings on hold until September as judicial recess begins 

Court hearings in all but emergency cases were put on hold as Turkish courts began a summer recess as of 20 July. 

The trials that are now suspended until the autumn include a large number of freedom of expression and the media cases where journalists, writers and others are in the dock.

The new judicial year begins as of 1 September. A full list of upcoming trials in the new judicial year can be viewed in our trial calendar.  

 

Constitutional Court: Deferred sentences given to journalists Alican Uludağ and Ahmet Sever violated freedom of expression

 

The Constitutional Court ruled that a 10-month prison sentence given to journalist Alican Uludağ in 2019 on the charge of “violating the confidentiality of an investigation” violated the journalist’s freedom of expression.

 

The sentence given to Uludağ at the end of his trial on account of a report published in Cumhuriyetdaily was deferred by the trial court. Uludağ and his lawyer filed an application with the Constitutional Court, claiming that the deferral decision, which stipulated that Uludağ’s sentence would be vacated if Uludağ does not commit an intentional offense throughout the five-year probation period, was a violation of his freedom of expression.

 

In their unanimous judgment, rendered four years after Uludağ’s application, the Constitutional Court held that interventions caused by the implementation of the deferral of a sentence failed to meet the criterion of legality.

 

The Constitutional Court also ruled that the deferral of a judicial fine handed to journalist Ahmet Sever in 2016 due to his claims about AKP Bursa Deputy and former Minister of Industry and Technology Mustafa Varank had violated his freedom of expression, again ruling that interventions caused by the implementation of the deferral of a sentence failed to meet the criterion of legality.

 

Sever had claimed that Varank had “supervised AKP’s trolls.” At the final hearing in the case launched upon a complaint by Varank, the İstanbul 2nd Criminal Court of First Instance sentenced Sever in December 2016 to TL 10,620 in judicial fine for “insulting” Varank and deferred the sentence. Since deferred sentences cannot be appealed, Sever filed an individual application with the Constitutiınal Court.

 

Journalists violently detained during police intervention in Saturday Mothers/People press statement

 

Police intervened in a press statement planned to be held by the Saturday Mothers/People at İstanbul’s Galatasaray Square on 15 July 2023 for the 955th week of their sit-in. Despite the Constitutional Court’s judgment which held that banning the gathering was a violation of the right to hold meetings and demonstrations, police detained relatives of the disappeared and human rights defenders.

 

The police also prevented journalists from covering the intervention and violently removed the reporters from the area. Pirha reporter Dilan Şimşek, who was covering the incident, was dragged on the ground and taken into custody by the police.

 

The detained rights defenders and journalist Şimşek were released later that day.

 

Yeni Yaşam columnist Ahmet Güneş to stand trial over his social media posts

 

A new case was launched against Yeni Yaşam newspaper columnist Ahmet Güneş on account of his social media posts in which he wrote about allegations that the Turkish Armed Forces (TSK) had used chemical weapons. The first hearing in Güneş’s trial will be held on 10 October 2023 at the İstanbul 25th High Criminal Court.

 

Güneş was called in for questioning on 17 May 2023 as part of the investigation. He was released after giving his statement at the İstanbul Courthouse.

 

Court suspends 7-day RTÜK penalty handed to Tele 1 TV

 

An administrative court has ruled for a stay of execution regarding the seven-day broadcast suspension penalty given to Tele 1 TV by the Radio and Television Supreme Council (RTÜK) over televised commentary by the channel’s Editor-in-Chief Merdan Yanardağ during an episode of his show “4 Soru 4 Yanıt.”

 

A criminal investigation was also launched against Yanardağ on account of his remarks about PKK leader Abdullah Öcalan in the episode broadcast on 20 June 2023. Yanardağ was jailed pending trial as part of the investigation on 27 June.

 

Court overturns sentences of police officers who violently detained journalist Beyza Kural

 

The 23rd Criminal Chamber of the İstanbul Regional Court of Justice has overturned the judicial fines handed down to three police officers who attempted to violently detain former bianet reporter Beyza Kural as she was covering a protest march in İstanbul in November 2015.

 

The police officers were each handed a judicial fine of TL 6,000 for “violation of the freedom to work and employment” at the final hearing in the case on 1 December 2022.

 

The appellate court overturned the trial court’s judgment regarding procedure. In its unanimous judgment, the appellate court held that the sentences given to the police officers for violating Kural’s freedom to work by misconduct should have been set above the lower limit prescribed by the law. The court also held that the conditions regarding the deferral of the sentences of officers K.A. and Y.Ş. should be re-evaluated. The appellate court sent the case file back to the İstanbul 35th Criminal Court of First Instance for a retrial. The first hearing is scheduled for 10 October 2023.

Supreme Court of Appeals upholds sentences handed in Özgür Gündem solidarity trial, except for Hüseyin Aykol

The 3rd Criminal Chamber of the Supreme Court of Appeals has upheld the sentences passed on Ertuğrul Mavioğlu, Dilşah Kocakaya, Celalettin Can, Mehmet Celal Başlangıç, Mehmet Fehim Işık and Öncü Akgül for “terrorism propaganda” at the İstanbul 14th High Criminal Court in “Özgür Gündem solidarity” case.

In its decision dated 17 May 2023, the Supreme Court of Appeals reversed the imprisonment of 3 years and 9 months handed to Hüseyin Aykol on the grounds that no verdict had been rendered in lawsuits brought upon by similar charges. The court also reversed the acquittal decision rendered for Aykol on the grounds that the ongoing trials had been concluded.

On 3 April 2019, the 14th High Criminal of Istanbul had sentenced former Özgür Gündem Co-Editor-in-Chief Hüseyin Aykol to 3 years and 9 months in prison for “terrorism propaganda” while sentencing Faruk Eren, Ertuğrul Mavioğlu, Fehim Işık, Celal Başlangıç, Öncü Akgül, Celalettin Can, İhsan Çaralan and Dilşah Kocakaya to 1 year and 3 months in prison each on the same charge for taking part in 2016’s Substitute Editor-in-Chief campaign, organized to lend support to the Özgür Gündem newspaper.

Following the decision, the journalists’ lawyer had taken the case to the 3rd Criminal Chamber of the Istanbul Regional Court of Justice, which upheld the sentences on 15 September 2020.

 

Journalist Umut Taştan detained while covering Suruç commemoration

 

Artı TV reporter Umut Taştan was taken into custody on 20 July 2023 as he was covering a demonstration organized in İstanbul’s Kadıköy district to commemorate the victims of the suicide bomb attack of 20 July 2015 in Şanlıurfa’s Suruç district. The police intervened after the demonstrators handed out leaflets.

 

Taştan was detained by the police even though he told them he was a reporter. Artı TV news coordinator Fatih Aça was removed from the area by the police as he was trying to obtain information about Taştan. The mobile phone of a Direnisteyiz.org reporter who was also covering the demonstration was thrown to the ground by the police. The police took a total of 33 people into custody.

 

Among those detained, 29 people, including journalist Taştan, were released on 21 July.

 

Interior Ministry seeking journalist Metin Cihan’s extradition to Turkey

 

Freelance journalist Metin Cihan, who left Turkey due to the pressure and threats he faced due to his reporting on the suspicious death of 11-year-old Rabia Naz Vatan, announced that the Interior Ministry had issued a writ to courts and public prosecutors’ offices for his extradition to Turkey.

 

Publishing the document issued by the Interior Ministry on his Twitter account on 21 July 2023, Cihan wrote that the Ministry was seeking to have an Interpol notice issued for his extradition to Turkey.

 

Arrest warrant issued for journalist Mehmet Murat Yıldırım

 

An arrest warrant was issued for Özgür Yurttaş Haber Editor-in-Chief Mehmet Murat Yıldırım as part of an ongoing investigation against the journalist on the allegation of “terrorism propaganda” on account of his social media posts and reports published in the newspaper. The arrest warrant was issued by the Kuşadası Criminal Judgeship of Peace.

 

Three newspaper distributors detained in Diyarbakır

 

Three distributors of the Azadî newspaper were violently detained by the police in Diyarbakır province on 17 July 2023. The three newspaper distributors were released on 18 July 2023 after their statements were taken.

 

Access to Yeni Yaşam newspaper’s website blocked

 

Access to the online edition of Yeni Yaşam newspaper was blocked once again on 15 July 2023. This was the fourth access block decision issued for the newspaper. The newspaper can now be accessed via yeniyasamgazetesi5.com.

 

Lawsuit filed by Erdoğan’s former lawyer against journalist Furkan Karabay begins

 

A compensation case filed by President Erdoğan’s former lawyer Mustafa Doğan İnal against Gerçek Gündem news portal editor Furkan Karabay got underway at the İstanbul 1st Civil Court on 18 July 2023. İnal claims that Karabay “attacked his personal rights” in his social media posts.

 

Karabay did not attend the hearing. He was represented by his lawyer.

 

The court rejected a jurisdictional objection previously filed by Karabay’s lawyer, in which they argued that the lawsuit should be overseen by a civil court in the Anadolu Courthouse. The court set 19 October 2023 as the date for the second hearing.

 

Lawsuit filed by Demirören Media against journalist Canan Kaya to continue in November

 

The fifth hearing in a compensation case filed by Demirören Media Group against Medya KoridoruConcessionaire and Editor-in-Chief Canan Kaya was held at the İstanbul 39th Civil Court on 18 July 2023. Demirören Media claims that Kaya had “damaged the company’s reputation.”

 

Kaya did not attend the hearing. Her lawyer was present in the courtroom.

 

Deciding to move on to the oral argument phase in the lawsuit on the grounds that there were no more issues to be examined, the court set 9 November 2023 as the date for the next hearing.

 

“Disinformation” case against journalist Ruşen Takva gets underway

 

Journalist Ruşen Takva appeared before the Hakkari 1st Criminal Court of First Instance on 19 July 2023 for the first hearing in his trial on the charge of “disseminating untrue information” for his social media post regarding allegations that the Hakkari provincial chair of the Nationalist Movement Party (MHP) Fatih Özbek had been involved in an armed attack in December 2022.

 

Takva and his lawyer addressed the court from the Van 2nd Criminal Court of First Instance via the judicial videoconferencing network SEGBİS.

 

Denying the accusation, Takva told the court that he was on trial due to his journalistic work.

 

When asked by the judge if he wanted his sentence to be deferred in the event of a possible conviction, Takva said he did not want the sentence to be deferred.

 

The next hearing in the case is scheduled for 6 September 2023.

 

Prosecutor seeks conviction for Merdan Yanardağ for “insulting Erdoğan”

 

The second hearing in Tele 1 TV Editor-in-Chief Merdan Yanardağ’s trial on the charge of “insulting the president” was held at the İstanbul 2nd Criminal Court of First Instance on 18 July 2023. Yanardağ is accused on account of his article series titled “Fascism and Islamofascism,” published in BirGündaily on 10 April 2022 and 29 May 2022.

 

P24 monitored the hearing, attended by the lawyers representing Yanardağ and President Erdoğan.

 

The prosecutor submitted their final opinion, asking the court to sentence Yanardağ for “successively insulting the president” in his article series.

 

Yanardağ’s lawyer Bilgütay Hakkı Durna requested a continuance to present their statement in response to the prosecutor’s final opinion. Granting Yanardağ’s lawyer a continuance, the court adjourned the case until 14 November 2023.

 

“Libel” case against journalist Miyase İlknur adjourned

 

The fourth hearing in a case in which Cumhuriyet columnist Miyase İlknur and the responsible editor of the newspaper’s online edition, Mustafa Birol Güger, are charged with “libel” and “insulting a public official” was held at the İstanbul 2nd Criminal Court of First Instance on 18 July 2023. The case was launched upon complaints filed by Constitutional Court Judge İrfan Fidan and Supreme Court of Appeals Judge Ayhan Ayan.

 

P24 monitored the hearing. The lawyers representing the defendants and the complainants were in attendance.

 

The prosecutor reiterated their final opinion first submitted during the third hearing held on 21 March 2023, requesting that the court sentence İlknur as charged. The prosecutor requested that Güger be acquitted because he had no legal responsibility as per Article 11/2 of the Press Law, since the article subject to the accusations is a bylined article.

 

Lawyers representing Fidan and Ayan said they agreed with the prosecutor’s final opinion and requested that the court sentence İlknur as charged.

 

İlknur’s lawyer Damla Çaltepe requested her client’s acquittal, saying the article subject to the accusations should be deemed within the scope of press freedom and freedom of expression.

 

Ruling to review the defense statement in writing submitted to the court by İlknur’s lawyer, the court adjourned the case until 21 September 2023.

 

The accusations stem from İlknur’s article published in Cumhuriyet on 16 April 2022, in which she claimed that Fidan and Ayan, who formerly held judicial positions at the İstanbul Courthouse, had interfered with the “Isle of Man case” by using their influence.

 

At least 43 journalists and media workers in prison

 

According to the latest data obtained by Expression Interrupted that journalist Serkan Sedat Güray was released on 4 October 2022, there are now at least 43 journalists and media workers behind bars in Turkey as of 21 July 2023.

The full list can be accessed here.