Tolga Şardan imprisoned pending trial; six journalists under investigation, two of them detained for “spreading false information;” imprisoned journalist Fırat Can Arslan acquitted at first hearing; imprisoned journalist Mehmet Şah Oruç released pending trial

 

T24 contributor Tolga Şardan imprisoned for “spreading false information”

T24 news website contributor Tolga Şardan was detained on suspicion of “spreading false information” as part of an ex officio investigation launched by the İstanbul Chief Public Prosecutor’s Office on account of Şardan’s article titled "MİT'in Cumhurbaşkanlığı'na sunduğu 'yargı raporu'nda neler var?" (“Contents of the National Intelligence Agency’s ‘judiciary report’ submitted of the Presidency’”).

Şardan was taken to the Ankara Courthouse, where his statement was taken via the judicial videoconferencing system.

Şardan was sent to the Criminal Court of Peace the same day with a request for his imprisonment and was placed in pre-trial detention following the judge’s interrogation.

Meanwhile, access to the news item in question was blocked.

Six journalists under investigation for “spreading false information,” two detained

Kısa Dalga contributor Cengiz Erdinç was detained in Ayvalık on 2 November 2023, on suspicion of “spreading false information.” Erdinç’s house was searched and his digital devices were confiscated, while the police prevented him from talking to lawyer Vural Ergül, whom he called to inform about his detention. Journalist Erdinç was released with judicial control measures following his statement to the Ayvalık Chief Prosecutor’s Office on 3 November.

Halk TV reporter Dinçer Gökçe was detained on 1 November 2023 on suspicion of “spreading false information” as part of an investigation launched by the Bakırköy Chief Public Prosecutor’s Office on his news item “Çete lideri olmakla suçlanan Turhan Döner ve Emirhan Döner'e tahliye kararı” (“Alleged criminal gang leaders Turhan Döner and Emirhan Döner released”) which was published on the halktv.com.tr website on 26 October 2023. Gökçe was released the same day by the Bakırköy Criminal Court of Peace, to which he was referred the same day following the interrogation by the prosecutor.

An investigation was launched against the BirGün newspaper on suspicion of “spreading false information” upon the complaint of Fatih Erdoğan, the owner of the Pasifik İnşaat construction company.

Fatih Erdoğan, who is also the spouse of AKP MP Asuman Erdoğan, filed a criminal complaint with the Ankara Chief Prosecutor’s Office and requested a public case to be launched over the news item titled “AKP’linin eşinden milyarlık vurgun!” (“AKP member’s spouse scoops billions,” prepared by BirGün reporter İsmail Arı and published in the 28 December 2022 issue of the newspaper and the news item titled “Erdoğanlar’ı üzecek karar: Yağmaya fren” (“Decision that will upset the Erdoğan’s: Brakes put on spoils”), preapared by BirGün news director Uğur Şahin and published in the 6 January 2023 of the newspaper.

The Ankara Chief Prosecutor’s Office began an investigation into birgun.net publication coordinator Uğur Koç, news director Uğur Şahin and BirGün reporter İsmail Arı upon Erdoğan’s complaint. BirGün employees have been called in to provide a statement in connection with suspicions of “spreading false information,” “insult” and “defamation.”

The İstanbul Chief Prosecutor’s Office called in bianet editor Evrim Kepenek to provide a statement on suspicions of “spreading false information” and “inciting the people to hatred and enmity.”

Charges against Kepenek stemmed from the video which features the expression “The gendarmerie has confiscated tents sent in aid in Pazarcık, Maraş; people were told ‘all aid will be delivered through AFAD’. Update: Many tents in the field are being confiscated.” The screen shot of Kepenek’s post was placed in the investigation file with the title “open-source research report.”

Imprisoned journalist Fırat Can Arslan acquitted at first hearing where legal opinion filed by Expression Interrupted was submitted

The first hearing in the trial of journalist Fırat Can Arslan on the charge of “marking those involved in the fight against terrorism as targets” over his social media posts was held at the Diyarbakır 4th High Criminal Court on 31 October 2023.

Arslan and his lawyers were present at the hearing, which P24 monitored.

Upon being asked, Arslan said, “I reject the indictment, I request my acquittal and release.” Resul Temur, lawyer for Arslan, presented the legal opinion filed by Expression Interrupted to the court. The journalist’s lawyers requested his acquittal and release.

The court ruled to acquit and release Arslan on grounds that “elements of the impugned crime did not exist.”

Click here for a detailed report about the hearing.

Chief Prosecutor of Supreme Court of Appeals requests approval for Sinan Aygül’s sentence under the “disinformation” law

The Chief Prosecutor’s Office has requested the approval of the 10-month prison sentence for Sinan Aygül in its letter of notification dated 11 October. Sinan Aygül is the first journalist to have been detained, placed in pre-trial detention and convicted under the law known as the “disinformation” law.

Aygül said that the process had moved at lightning speed and added “It seems as though they want to put out a decision that sets a precedent.”

Aygül had been detained on 13 December 2022, a few hours after posting about his reporting on the alleged sexual assault of a girl in Tatvan and was imprisoned pending trial the next day upon the decision of the Tatvan Criminal Court of Peace.

Aygül was released on 22 December 2022, but a case was filed against him on the charge of “spreading false information” under the Law on Combating Disinformation, which is publicly known as the “disinformation” law. Aygül had thus become the first journalist to face a court case under this law.

At its final hearing held on 28 February 2023, the Tatvan 1st Criminal Court of First Instance had sentenced Aygül to 10 months of imprisonment for the offense of “spreading false information” and the sentence had been approved by the Van Regional Court of Justic’s 2nd Criminal Chamber (acting as the appeallate court) 33 days later.

Imprisoned journalist Mehmet Şah Oruç released

The second hearing in the trial of imprisoned journalist Mehmet Şah Oruç on the charge of “membership in a terrorist organization” was held at the Bitlis 2nd High Criminal Court on 31 October 2023.

Oruç and his lawyer Resul Temur attended the hearing from the Diyarbakır No. 1 High Security Prison, where Oruç was imprisoned, via the judicial videoconferencing system.

The hearing began with identification and the prosecutor’s opinion requested the continuation of Oruç’s imprisonment.

Taking a short recess after the defense statement by Oruç’s lawyer, the panel of judges ruled to release Oruç on judicial control and adjourned the case until 6 February 2024.

Mezopotamya Agency reporter Mehmet Şah Oruç was detained with 10 other journalists on 25 April 2023 and placed in pre-trial detention on 27 April 2023, and had been held at the Diyarbakır No. 1 High Security Prison since then.

Writer Dilşa Kocakaya put in prison as part of the Özgür Gündem case

Writer Dilşa Kocakaya, who had been handed 1 year and 3 months of imprisonment sentence for “terrorism propaganda” was detained in Edirne on 1 November 2023. Kocakaya had been sentenced over her article in solidarity with the now-defunct Özgür Gündem newspaper which was published in the forum page of the newspaper.

Kocakaya was taken to the Edirne Directorate of Security and was later placed in prison after being arrested at the courthouse where she was conveyed.

Police officer who assaulted journalist Ardıl Batmaz states “not remembering” the incident

The second hearing in the trial of the Elazığ Mayor Şahin Şerifoğulları’s police officer bodyguard on the charge of “causing bodily harm” over assaulting journalist Ardıl Batmaz was held at the Elazığ 5th Criminal Court of First Instance on 2 November 2023. At the time of the assault, journalist Batmaz was reporting and the incident took place in full view of the then Minister of then Interior Süleyman Soylu and then Minister of the Environment, Urbanisation and Climate Change Murat Kurum.

Batmaz, his lawyer and the defendant police officer attended the hearing.

Defendant police officer said that as more than a year had passed since the incident, he did not remember it and repeated the statement he gave to the prosecutor’s office.

Batmaz’s lawyer requested a new court expert’s report to be obtained and for the investigation to be expanded.

The prosecutor requested additional defense from the defendant police officer for the crime of “physical coercion” and the aggravated form of this crime “physical coercion through abuse of influence as a public official.”

The court ruled to obtain a report from a different expert and adjourned the trial until 23 February 2024.

Journalist Furkan Karabay’s trial over his social media posts adjourned until January

The trial of journalist Furkan Karabay on the charge of “marking those involved in the fight against terrorism as targets” began at the Ankara 4th High Criminal Court on 2 November 2023. Furkan is being tried over his social media posts concerning the meetings between then İstanbul Deputy Chief Prosecutor İrfan Fidan with Nuri Gökhan Bozkır, suspect for the murder of Assoc. Prof. Necip Hablemitoğlu.

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

The trial was adjourned until 23 January 2024.

“KCK Press Trial” adjourned

The 29th hearing in the trial of 46 journalists on charges of “membership in a terrorist organization,” “administrating an organization” and “terrorism propaganda” was held at the İstanbul 3rd High Criminal Court on 31 October 2023.

Lawyers were present at the hearing, while the defendants did not attend. The court adjourned the trial until 30 January 2024.

32 of the 46 journalists who were detained in an operation against Kurdish journalists on 20 December 2011 were arrested on 24 December 2011. The indictment cites journalistic activities such as the interviews they carried out, photos they took, press releases they followed, their notes, conversations with news sources and the names of sources found on their phones as evidence of the charges.

Journalist Sezgin Kartal’s trial adjourned until January

The third hearing in the trial of Karşı Mahalle reporter Sezgin Kartal on the charge of “membership in a terrorist organization” was held at the Istanbul 22nd High Criminal Court on 31 October 2023.

P24 monitored the hearing, attended by Kartal’s lawyer Berfin Karaşah.

Karaşah presented the court with a list of witnesses they want heard at the next hearing.

The court ruled for the defendants to be brought in for the next hearing, kept in place the ban on Kartal travelling abroad and adjourned the trial until 25 January 2024.

Court expert’s report to be awaited in Özgürlükçü Demokrasi case

The ninth hearing in the re-trial of the former employees of the shut-down Özgürlükçü Demokrasi newspaper following the overturning of the sentences and acquittals in the original trial by the court of appeals was held at the İstanbul 23rd High Criminal Court.

Lawyers were present at the hearing, while the defendants did not attend.

The prosecutor repeated their final opinion on the case presented on 7 April 2022 and requested sentencing for Hicran Urun, Mehmet Ali Çelebi, Reyhan Hacıoğlu, İshak Yasul, İhsan Yaşar and Pınar Tarlak for the impugned crimes and for Mizgin Fendik to be acquitted. Defendant’s lawyers requested time to set up a counter-statement.

The court granted the request for additional time, kept in place the ban on travelling abroad for subjects and to await the court expert’s report on whether the newspaper supported “terrorist” activities. The trial was adjourned until 12 February 2024.

Retrial of the Hrant Dink main case begins

The first hearing in the re-trial of the Agos newspaper editor-in-chief Hrant Dink’s murder case, following the Supreme Court of Appeals overturning the sentences of public officials was held at the İstanbul 14th High Criminal Court on 1 November 2023.

During the hearing in the trial of 15 defendants, which P24 monitored, the presiding judge asked defendants for their statement on whether the court should comply with the ruling of the Court of Cassation.

Defendants former Intelligence Department Branch official Osman Gülbel, then İstanbul Gendarmerie intelligence official Muharrem Demirkale, then Tranbzon Directorate of Security İntelligence Branch Directorate officials Hasan Durmuşoğlu, Mehmet Ayhan and Onur Karakaya, former Trabzon regiment commander Ali Öz, former Trabzon gendarmerie intelligence officials Okan Şimşek, Gazi Günay and Veysel Şahin requested non-compliance with the Court of Cassation’s ruling, as it calls for sentence for “aiding premeditated murder.”

Karakaya, Gülbel, Ayhan and Durmuşoğlu had been sentenced for the crime of “leading to premeditated murder through negligent behavior.” Defendants other than Karakaya and Gülbel had also been sentenced for the crime of “destroying official documents.” Öz, Şimşek, Günay and Şahin had been sentenced for the crimes of “premeditated murder” and “forgery of official documents.”

Office of the President’s lawyer Timuçin Üzel, who was present in the courtroom, requested joining the case as a co-plaintiff. Üzel’s petition stated that the Presidency had been harmed by the impugned crime of “attempting to destroy the Constitutional order” of the defendants and requested sentencing for the defendants as well as precautionary measures on their assets and claims.

Bahri Belen, one of the lawyers for the Dink family, said “There is a 131-page long folder of evidence pertaining to procedure and basis. However, the 3rd Criminal Chamber of the Supreme Court of Appeals did not take up any of it, ignored us as co-plaintiff and did not respond to our requests. So, we shall not respond to this decision of the Supreme Court of Appeals.”

The court ruled to comply with the Supreme Court of Appeals’ decision to overturn, keep the defendants in pre-trial detention and accepted the Office of the President’s request to join the case as co-plaintiff on the grounds that the “Presidency could possibly be harmed by the crime of ‘violating the constitution’”. The trial was adjourned until 10 January 2024.

Files against two other journalists merged with case against Bursalı, Terkoğlu and Çiçek

The seventh hearing in the trial of journalists Can Bursalı, Barış Terkoğlu and Independent Türkçe news portal Editor-in-Chief Nevzat Çiçek on the charges of “insult” and “defamation” was held at the İstanbul 2nd Criminal Court of First Instance on 2 November 2023. The case had been launched upon a complaint by President Recep Tayyip Erdoğan's former lawyer, Mustafa Doğan İnal.

P24 monitored the hearing, which was attended by the lawyers representing the journalists and İnal.

The judge said that two separate cases launched against journalists Doğan Akın and Gökmen Karadağ on similar charges had been merged with the present case in between hearings. The judge also stated that the court had received a request to merge another case with similar charges filed over a broadcast by journalists Fatih Portakal and Barış Terkoğlu, but that the court had rejected that request.

Bursalı’s lawyer Melike Polat said they would make a detailed defense statement following the submission of the prosecutor’s final opinion on the case. Çiçek’s lawyer Ersin Tezcan requested his client's acquittal, saying he cannot be held legally accountable as he is the chief editor of the news portal Independent Türkçe.

The court ruled to hear the defense statements of Bursalı and Çiçek at the next hearing and adjourned the trial until 29 February 2024.

In the book "Metastaz 2: Cendere," which he co-authored with Barış Pehlivan, Barış Terkoğlu had discussed claims that President Erdoğan’s former lawyer İnal had received representation fees totaling TL 15 million from the Istanbul Metropolitan Municipality (İBB). Bursalı had written about these claims in an article published on Independent Türkçe on 3 December 2020. The indictment alleges that the claims concerning the payment made by İBB to İnal despite him not being a lawyer on the staff of the municipality had “harmed İnal's honor, dignity and social reputation.”

"Insult" case against journalist Ahmet Sever adjourned until April

The 14th hearing in the trial of journalist Ahmet Sever on the charge of “insulting a public official” upon a complaint filed by former Minister of Industry and Technology Mustafa Varank was held at the İstanbul 2nd Criminal Court of First Instance on 2 November 2023.

The defendant and his counsel did not attend the hearing.

The trial was adjourned until 18 April 2024.

Trial of journalist Abdullah Kaya on “terrorism” charges adjourned until December

The 24th hearing in the trial of journalist Abdullah Kaya on charges of “membership in a terrorist organization” and “terrorism propaganda” over his reporting and social media posts was held at the Ağrı 2nd High Criminal Court on 2 November 2023.

Attending the hearing, Kaya requested the return of his confiscated equipment. Kaya said that despite his requests, the prosecutor’s office had not returned his equipment.

The court ruled to wait for the Supreme Court of Appeals to render its judgment concerning another file against Kaya and adjourned the trial until 19 December 2023.

At least 43 journalists and media workers in prison

With the release of Fırat Can Arslan and Mehmet Şah Oruç and the imprisonment of Tolga Şardan, there are now at least 43 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence as of 3 November 2023.

The full list can be viewed here.