Supreme Court of Appeals renders verdict in Gezi trial; sports editor Eren Tutel given judicial fine; case against Reyhan Çapan dismissed due to statute of limitations; Levent Gültekin to stand trial for allegedly “insulting the president”

 

Supreme Court of Appeals upholds sentences for Osman Kavala, Can Atalay, Tayfun Kahraman, Mine Özerden, Çiğdem Mater Utku

 

The 3rd Criminal Chamber of the Supreme Court of Appeals has upheld the aggravated lifetime imprisonment sentence delivered for jailed philanthropist and businessperson Osman Kavala for “attempting to overthrow the government of the Turkish Republic,” and the 18-year imprisonment sentences for Tayfun Kahraman, Mine Özerden, Çiğdem Mater Utku and Workers Party of Turkey (TİP) MP Can Atalay for “aiding an attempt to overthrow the government of the Turkish Republic.” The sentences were delivered on 25 April 2022.

The Court overturned the judgments delivered for Ali Hakan Altınay, Yiğit Ali Ekmekci and Ayşe Mücella Yapıcı, who were each sentenced to 18 years in prison. The court ruled for the release of the defendants.

The İstanbul 13th High Criminal Court had sentenced Kavala to aggravated lifetime imprisonment on the charge of “attempting to overthrow the government of the Turkish Republic” and acquitted him of “political or military espionage.”

The trial court had sentenced Can Atalay, Çiğdem Mater Utku, Ali Hakan Altınay, Mine Özerden, Tayfun Kahraman, Ayşe Mücella Yapıcı and Yiğit Ali Ekmekci to 18 years in prison on the charge of “aiding an attempt to overthrow the government of the Turkish Republic.” The İstanbul Regional Court  of Justice had upheld the trial court’s judgment.

 

Journalist Eren Tutel given judicial fine for “insulting a public official”

The seventh hearing in the trial of BirGün newspaper sports editor Eren Tutel on the charge of “insulting a public official” on account of his coverage of corruption allegations concerning the Turkish Wushu Federation (TWF) was held at the İstanbul 2nd Criminal Court of First Instance on 28 September 2023. The case was filed upon complaints by the Deputy President of TWF Abdurrahman Akyüz and his daughter, Elif Akyüz.

 

Tutel’s lawyer Tanzer Güven was present at the hearing, monitored by P24. The intervening party presented an excuse not to attend.

 

The prosecutor repeated their opinion, originally submitted during the 17 November 2022 hearing, and requested that Tutel be sentenced on two counts of “insulting a public official due to his/her duty” separately for plaintiffs Elif Akyüz and Abdurrahman Akyüz.

 

Tutel’s lawyer repeated their previous defense statement and requested his client’s acquittal.

 

The court ruled that Tutel had committed the crime of “insulting a public official” and sentenced the journalist to 442 days’ worth of judicial fines each on two counts for Elif Akyüz and Abdurrahman Akyüz, for a total of TL 8,840. The sentence was deferred.

 

Case against Reyhan Çapan dismissed as statute of limitations expires

 

The 24th hearing in the trial of Reyhan Çapan, the former managing editor of the now-defunct Özgür Gündem newspaper, on charges of “terrorism propaganda” and “printing and publishing statements by terrorist organizations” was held at the İstanbul 2nd Criminal Court of First Instance on 26 September 2023. The case was filed after 18 separate indictments against Çapan were merged.

 

Neither the defendants nor their lawyers attended the hearing, which was monitored by P24.

 

Presenting their final opinion on the case, in which three contributors to the newspaper also stood trial along with Çapan, the prosecutor requested the dismissal of the case as the statute of limitations of eight years following the initial defense statement by Çapan had expired on 11 May 2023.

 

The court ruled to dismiss the case against all defendants based on statute of limitations and ordered to lift the arrest warrants issued for three defendants.

 

Constitutional Court rules for rights violations against Aykut Erdoğdu, who was handed jail term for his newspaper article

 

The Constitutional Court ruled that a sentence given to former Republican People's Party (CHP) Deputy Chairperson Aykut Erdoğdu over a newspaper article he wrote violated his freedom of expression and his right to engage in political activity.

 

In the article titled “Her Devrin Kasası Mehmet Cengiz” (Mehmet Cengiz bankrolls every period), published in BirGün daily in 2014, Erdoğdu had written about claims of corruption concerning Cengiz Holding based on Court of Accounts reports. A case was launched against Erdoğdu on charges of "insult" and "defamation" after the pro-government businessperson Mehmet Cengiz filed a complaint regarding the article.

 

At the end of the trial, the İstanbul 2nd Criminal Court of First Instance had sentenced Erdoğdu to TL 3,045 in judicial fine on the charge of “insult committed openly through a publication” and a year of imprisonment for “defamation.” Erdoğdu then brought the case before the Constitutional Court.

The Constitutional Court ruled that the prison sentence issued without inquiring into the veracity of the claims constituted a rights violation and ordered the payment of TL 39,000 in non-pecuniary damages to Erdoğdu. The top court also decided to convey a copy of its judgment to the trial court for a retrial to eliminate the consequences of the violation.

 

Journalist Levent Gültekin charged with “insulting the president”

Journalist Levent Gültekin will stand trial on the charge of “insulting the president” over his televised remarks in an episode of the show “İki Yorum,” broadcast on Halk TV.

 

The indictment filed by the Bakırköy Chief Public Prosecutor’s Office requests sentencing for Gültekin for “openly harming the dignity, honor and standing of the president through the press.”

 

On the 27 September 2022 episode of the program, following the armed attack on the police accommodation in the Mezitli district of Mersin, Gültekin had said the following: “If anyone is a separatist in this country, it is Tayyip Erdoğan. Because they are trying to separate and divide society, exclude people and make them enemies to maintain their power. They have divided up all positions in the country to their friends and relatives, yet it is never enough for them. If we were to give them everything, if we were to say to them ‘here is the deed to Turkey, take it’, it would still not be enough for them, they will not stop asking us for more, they do not give up…”

Carrier for Yeni Yaşam daily detained

Yeni Yaşam daily’s carrier was detained without police providing any justification in Tunceli on 29 September.

A group of people including Green Left Party MP Ayten Kordu protested the incident.

 

Journalist Oktay Candemir under investigation for social media post

An investigation was launched against journalist Oktay Candemir on the allegation of “inciting the people to hatred and enmity” over a social media post he had shared.

 

In a statement on his social media account, Candemir said that the investigation had been launched due to one of his social media posts regarding the European Volleyball Championship, which the Turkish Women’s National Team won.

 

Sibel Hürtaş’s trial adjourned until December

The fifth hearing in the trial of journalist Sibel Hürtaş on the charge of “prevention of public duty” over complaints by police officers who detained her while reporting was held at the Ankara 37th Criminal Court of First Instance on 28 September 2022.

 

The court adjourned the trial until 12 December 2023 to allow time for Hürtaş and her lawyers to prepare their defense statement against the prosecution’s final opinion.

 

Hürtaş was violently detained by police officers in July 2020 while covering the protest of bar association presidents outside the Grand National Assembly of Turkey against the proposal for the Multiple Bar Associations system.

 

 

Trial against Metin Cihan over complaint by Berat Albayrak adjourned until December

The fifth hearing in the trial of journalist Metin Cihan on the charge of “insulting a public official” upon a complaint filed by Berat Albayrak, the son-in-law of President Recep Tayyip Erdoğan, was held at the İstanbul 36th Criminal Court of First Instance on 26 September 2023.

 

The lawyers submitted letters of excuse. The court ruled to await the execution of the arrest warrant issued for Cihan and adjourned the trial until 12 December 2023.

 

Hayko Bağdat’s trial adjourned until February

The 10th hearing in the trial of journalist Hayko Bağdat on the charges of “insulting the president” and “inciting the people to hatred and enmity” over an article and social media posts was held at the İstanbul 50th Criminal Court of First Instance on 27 September 2023.

The lawyer for the intervening party presented a letter of excuse. Bağdat’s lawyer requested the completion of the missing elements in the case file.

The court ruled to wait for the response to the letter rogatory sent to obtain a statement from Bağdat and adjourned the trial until 21 February 2024.

Case of journalist Gökay Başcan standing trial upon complaint by Emine Erdoğan adjourned until March

 

The trial of BirGün daily editor Gökay Başcan on charges of “insult” filed upon a complaint filed by President Recep Tayyip Erdoğan’s wife Emine Erdoğan over a news item continued at the İstanbul 17th Criminal Court of First Instance on September 27 2023.

 

The trial was adjourned until 28 March 2024.

 

The news item in question was on the amended legislation that empowers the Environment Agency to transfer shoreline plots to private companies and is subject to a reporting ban on the grounds of harming the reputation on Emine Erdoğan.

 

At least 45 journalists and media workers in prison

As of 29 September 2023, there are at least 45 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

 

Please click here to view a detailed list.