Journalist Rohat Bulut threatened and assaulted; case filed by President Erdoğan’s former lawyer against Furkan Karabay dismissed; trial of Ahmet Kanbal for “spreading false information” begins; objection to Barış Pehlivan’s pre-trial detention dismissed

 

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

The first hearing in a lawsuit filed by President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal against journalist Furkan Karabay was held at the İstanbul 1st Civil Court of First Instance on 19 October 2023. Claiming an “unjustified attack on personality rights,” İnal is seeking TL 100,000 in non-pecuniary damages over a social media post by Karabay.

While journalist Karabay did not attend the hearing, his lawyer was present.

Karabay’s lawyer requested the dismissal of the case. İnal’s lawyer requested the case be accepted by the court.

Rendering its judgment, the court ruled to dismiss the case.

Journalist Ahmet Kanbal’s trial for “spreading false information” begins in Mardin

The trial of journalist Ahmet Kanbal on the charge of “spreading false information” started at the Mardin 1st Criminal Court of First Instance on 18 October 2023. The accusation stems Kanbal's social media posts regarding a missing ballot box in Mardin in Turkey's May general elections.

The court ruled to request the original version of the petition about the missing ballot box filed by the Green and Left Party (YSP) representative with the district electoral board and for the president of the said ballot board to be heard as a witness in court.

The trial was adjourned until 13 December 2023.

Objection to journalist Barış Pehlivan’s pretrial detention dismissed

Lawyer Hüseyin Ersöz announced that the Silivri High Criminal Court had dismissed the objection to the imprisonment of Cumhuriyet newspaper columnist Barış Pehlivan, who is currently being held in the Maltepe Open Prison.

Ersöz said: “Despite there being no obstacles to a probation decision for journalist Barış Pehlivan under the ‘new execution of sentences regulation’ which entered into force in July, Pehlivan continues to be held in the Maltepe Open Prison.”

Ersöz added that unless the court rules to acquit Pehlivan in the November hearing in the trial that was used to justify the lifting of the probation decision, Pehlivan would be held in pretrial detention until March 2024.

Journalist Rohat Bulut threatened and assaulted after being waylaid by car without numberplates

On 15 October 2023 persons claiming to be police officers waylaid journalist Rohat Bulut’s car on the Diyarbakır-Mardin road, assaulted and threatened the journalist.

While on the road, Bulut’s car was stopped by persons claiming to be “plainclothes police officers” driving a Fiat Doblo model car without numberplates. The assailants pulled Bulut by his hair and forced him up against the car, while insulting and threatening him.

Bulut obtained an assault report from the hospital and will be filing an official complaint against the assailants.

Journalists Nevşin Mengü and İbrahim Haskoloğlu targeted on YouTube program

Journalists Nevşin Mengü and İbrahim Haskoloğlu were targeted on a YouTube broadcast titled “Hadi Özışık’la Perde Arkası” for their comments regarding Israel’s attack on Palestine.

The video was uploaded with the expression “İsrail Büyükelçiliği WhatsApp grubunda ismi geçen İbrahim Haskoloğlu ve Nevşin Mengü kime hizmet ediyor?” (“İbrahim Haskoloğlu and Nevşin Mengü are on the Israeli Embassy’s WhatsApp group; Whom do they serve”) and in the video Mengü and Haskoloğlu were called “Yahudi seviciler” (“Jew lovers”).

Journalist Rüstem Batum’s trial for “insulting the president” adjourned until March

The fifth hearing in the trial of journalist Rüstem Batum on the charge of “insulting the president” over his social media posts was held at the İstanbul 12th Criminal Court of First Instance on 19 October 2023.

While Batum, who lives abroad, did not attend the hearing, his lawyer was present.

The court ruled to await the execution of the order for Batum’s arrest. The trial was adjourned until 7 March 2024.

Sentencing requested for journalist Semra Çelebi for “insulting the flag”

The second hearing in the trial of Kadıköy newspaper managing editor Semra Çelebi on the charge of “denigrating the symbols of sovereignty of the state” was held at the Anadolu 10th Criminal Court of First Instance on 19 October 2023. Çelebi is on trial over her social media posts regarding Pride Week.

Çelebi and her lawyer attended the hearing.

Çelebi is alleged to have “insulted the Turkish flag by alluding to a poem written in praise of the flag.” In her defense statement Çelebi said, “I am the owner of the account in question. I posted the tweet. It was posted in 2020 using a photo I had taken in 2014. There was an LGBTI+ flag in the photo. I shared the post during Pride Week 2020. I stated that I stood by those who are against hate crimes. There was no Turkish flag accompanying the expression subject to the indictment. I have made no allegations regarding the Turkish flag.”

Presenting their final opinion on the case, the prosecutor asked the court to sentence Çelebi as charged.

In its interim ruling, the court granted Çelebi additional time to prepare her final defense statement and adjourned the trial until 6 November 2023.

Trial of writer Gökhan Yavuzel for “terrorism propaganda” begins

The trial of writer and poet Gökhan Yavuzel on the charge of “terrorism propaganda” began at the Şanlıurfa 5th High Criminal Court on 19 October 2023.

Presenting their final opinion on the case, the prosecutor requested that the court sentence Yavuzel as charged. The defense requested additional time to prepare their statement in response to the prosecutor's final opinion.

The trial was adjourned until 16 November 2023.

The charge against Yavuzel is based on a survey report of publicly available sources and expressions in Yavuzel’s poetry book Sahipsiz Şiirler.

Order for forced court appearance of İzel Sezer

The third hearing in the trial of İleri Haber Editor-in-Chief İzel Sezer and Managing Editor Batuhan Batan on charges of “insult” and “defamation” over a complaint filed by President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal was held at the İstanbul 25th Criminal Court of First Instance on 17 October 2023.

P24 monitored the hearing, attended by lawyers representing the parties. Sezer and Batan did not attend the hearing.

Sezer’s lawyer Özgür Urfa said that his client was out of town on business and that she could be available to deliver her defense statement between hearings.

İnal’s lawyer Melike Nur Bak requested that an order Sezer to be made present at the next hearing by force.

 

The court ruled to issue an order for journalist Sezer to be brought to the next hearing by force to receive her defense statement. The trial was adjourned until 5 March 2024.

 

Trial of Die Welt reporter Deniz Yücel adjourned until February 2024

The seventh hearing in the trial of Deniz Yücel, reporter for the German Die Welt newspaper, on the charge of “publicly denigrating the Turkish nation and the state of the Republic of Turkey” and “insulting the president” was held at the İstanbul 2nd Criminal Court of First Instance on 17 October 2023.

 

At the hearing, which P24 monitored, Yücel’s lawyer requested that the order for Yücel’s arrest be lifted and a letter rogatory sent to Germany to receive his defense statement.

 

The judge said that a letter rogatory had previously been sent to Germany to have Yücel’s defense statement but that German authorities had rejected the letter rogatory due to it being a political case. The court rejected Yücel’s lawyer’s request and ruled to await the execution of the order for Yücel’s arrest.

The trial was adjourned until 27 February 2024.

 

 

“FETÖ media case” re-trial adjourned

The ninth hearing in the re-trial of journalists Ahmet Memiş, Ali Akkuş, Cemal Azmi Kalyoncu, Gökçe Fırat Çulhaoğlu, Ünal Tanık, Yakup Çetin and Yetkin Yıldız, whose sentencing in what was commonly known as the “FETÖ media case” was overturned by the appellate court, was held at the İstanbul 25th High Criminal Court on 19 October 2023.

 

The seven journalists and their lawyers were present at the hearing, which P24 monitored.

 

Fatih Şener Kurnaz, who testified as a witness at the hearing, said that he did not know any of the defendants and that his previous testimonies had been delivered under police pressure.

 

The defendants and their lawyers said they had no further statements at this stage. The prosecutor for the hearing requested the missing elements in the file to be completed.

The court adjourned the trial until 11 January 2024.

Prosecution requests sentencing for Elif Akgül and Haluk Kalafat for “denigrating Turkish nation”

The second hearing in the trial of journalists Elif Akgül and Haluk Kalafat on the charge of “publicly denigrating the Turkish nation” was held at the İstanbul 2nd Criminal Court of First Instance on 19 October 2023.

 

Akgül, Kalafat and their lawyers were present at the hearing, which P24 monitored.

 

At the start of the hearing, Kalafat’s lawyer Veysel Ok spoke as follows: “The complaint against my client was made in 2019 and the permission for an investigation was requested in 2021. The preliminary proceedings report was prepared on 23 December 2022. As of 13 October 2022, news websites are subject to the Law on the Press. Therefore, the four-month statute of limitations established by the Law on the Press has expired. We request the dismissal of the case without hearing defense statements by our clients.”

The prosecutor requested the dismissal of Ok’s request. Issuing an interim order, the court dismissed the request in line with the prosecutor’s opinion.

 

The journalists then delivered their defense statement. Akgül rejected the impugned crime: “The text content subject to the indictment is the Turkish publicity text for a book written in English. The indictment brings a charge but does not provide a justification. I have not denigrated any organization, nation, or state. My actions are journalistic actions.”

Akgül’s lawyer Doğuşcan Aydın Aygün said, “As a member of the press, my client has publicised a book by a person who stated their arguments concerning the events of 1915. The charge was brought against my client by removing the expression from its context” and requested Akgül’s acquittal.

 

In his defense statement, Kalafat said “I read the indictment but did not understand the charge against me. The interview subject to the charge is about a book that is still sold and is not banned. I engaged in journalistic activities. It should be evaluated as falling under the freedom of the press and expression.”

 

Kalafat’s lawyer Veysel Ok said “News websites are not obliged to file notice as periodical publications are. We request that the court ask the İstanbul Chief Prosecutor’s Office whether the bianet.org news website has filed a periodical publication notice.”

 

Presenting their final opinion on the case, the prosecutor requested that Akgül and Kalafat be sentenced for the impugned crime. The journalists and their lawyers requested additional time to set up a counter-statement.

 

The court ruled to ask the İstanbul Chief Prosecutor’s Office whether the bianet.org news website has filed a periodical publication notice.

The court accepted the request for additional time and adjourned he trial until 20 February 2024.

The indictment was completed in December 2022 upon a complaint that was filed with the Presidency’s Communication Center (CİMER) with the claim of “Armenian genocide propaganda” and the permission to investigate issued by the Ministry of Justice on 24 June 2021. The indictment lists six different news items published on the bianet.org news website, where the defendants used to work, in 2015, 2018 and 2019 as evidence of the charge against the journalists.

 

At least 43 journalists and media workers in prison

 

As of 20 October, there are at least 43 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.