Constitutional Court rejects action for the annulment of the “disinformation” law; Tolga Şardan released pending trial; Rabia Çetin acquitted; Zübeyde Sarı faces investigation for “spreading false information”

 

Constitutional Court rejects action for annulment of “disinformation” law

On 8 November, the Constitutional Court rejected an action filed for the annulment of the "disinformation" law. The top court's judgment was rendered through a majority vote.

The provision, added to the Turkish Penal Code (TCK) in October 2022 on the grounds of "fighting disinformation," carries a penalty of imprisonment between 1 to 3 years for "publicly disseminating misleading information." The annulment action was filed by the main opposition Republican People's Party (CHP) upon the enactment of the law. Since its enactment, at least 30 journalists have faced legal action under this provision.

An analysis of the "disinformation" law and a list of journalists who faced legal action under this provision in one year is available in this article.

 

Journalist Tolga Şardan released pending trial

T24 contributor Tolga Şardan has been released after being put in pre-trial detention on the charge of “spreading false information” in Ayvalık, Balıkesir on 1 November 2023 due to his article titled ''MİT'in Cumhurbaşkanlığına sunduğu 'yargı raporu'nda neler var?" (“What is the National Intelligence Agency’s ‘judiciary report’ to the Presidency?”). The decision for Şardan’s release was issued by the İstanbul 1st Criminal Court of Peace and comes with a ban on Şardan travelling abroad.

In a statement following his release, Şardan said, “I was only doing my job as a journalist, I tried to inform the public. I stand behind what I wrote. We will all see how the process will unfold in the coming days.”

P24 and 17 other media freedom, freedom of expression, human rights and journalists’ organizations had condemned Şardan’s imprisonment and called for his immediate release in a joint statement issued on 2 November.

Şardan, who was taken to Sincan Prison in Ankara after his arrest was transferred to Silivri Prison in İstanbul the next day. Şardan’s lawyers objected to the decision for his imprisonment on 6 November and in their petition filed with the İstanbul 1st Criminal Court of Peace, they stated that Şardan had been imprisoned unjustly, unlawfully and arbitrarily.

Journalist Rabia Çetin acquitted of “marking officials assigned in the fight against terrorism as targets”

The third hearing in the trial of journalist Rabia Çetin on the charge of “insulting a public official” and “marking officials assigned in the fight against terrorism as targets” over her social media posts was held at the İstanbul 23rd High Criminal Court on 6 November 2023.

 

Çetin and her lawyer were present at the hearing.

 

The prosecutor repeated their final opinion on the case they submitted at the previous hearing and requested sentencing for Çetin for the charge of “marking officials assigned in the fight against terrorism as targets” and her acquittal of “insulting a public official.”

 

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

 

Journalist Semra Çelebi acquitted from charges over her Pride Parade post

The third hearing in the trial of Gazete Kadıköy Managing Editor Semra Çelebi on the charge of “publicly denigrating the signs of sovereignty of the state” over her social media post during Pride Parade 2020 was held at the Anadolu 10th Criminal Court of First Instance on 6 November 2023.

Çelebi’s lawyer spoke against the final opinion on the case that the prosecutor had presented at the previous hearing and in which called for sentencing and said that the expression “i**e” (f****t) subject to the charge was not intended as an insult. Çelebi’s lawyer said that the line of poetry that was referenced in the indictment presented at the first hearing had been entered erroneously even in the hearing minutes and said, “No one is required to know this poem by heart or to respect it.”

 

The prosecutor repeated their final opinion and requested sentencing for Çelebi.

 

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

 

Çelebi, who had shared a photo she had taken at Pride Parade 2014 during the 2020 İstanbul LGBTI+ Pride Week had captioned it “Bayrakları bayrak yapan velev ki ibnelerdir! 2014 #onuryürüyüşümüzden.” Çelebi had been targeted on social media due to her post but the prosecutor’s office had decided not to prosecute in the investigation upon the criminal complaint filed against her over the charge of “publicly denigrating the signs of sovereignty of the state.” However, an indictment was filed and a lawsuit was brought against Çelebi two years later.

Journalist Sertaç Kayar acquitted of “insult”

Journalist Sertaç Kayar has been acquitted of “insult.” Kayar has had to give a statement three times and faced two different investigations and one court case due to the same claims and allegation over his reporting about corruption in rehabilitation centers in Diyarbakır, which had become the subject of a court case.

Kayar faced an investigation upon the filing of a criminal complaint by a person who claimed their initials were used in the news item titled “Rehabilitasyon merkezleri üzerinden ‘Rüşvet havuzu’ iddiası: En az 60 milyonluk vurgun yapıldı” (“Claims of ‘bribery pool’ through rehab centers: At least 60 million in illegal gains”). In two separate investigations that began in Erzincan, where the complainant resided, one prosecutor decided not to prosecute, while another prosecutor prepared an indictment against Kayar calling for two years of imprisonment.

The Erzincan 2nd Criminal Court of First Instance, which accepted the indictment, has announced its ruling in the trial that it decided to run with the simple trial procedure. The court ruled it was not established that Kayar had committed the crime of “insult via an audio, written or visual message” and acquitted him.

 

Constitutional Court rules for “rights violation” over restriction of access to a news item

 

The Constitutional Court has delivered its judgment on the objection to the restriction of access to the news item titled “Karakoldan 'Havan Mermisi' yanıtı: Deneme amaçlı biz atıyoruz" (“Station on mortar shells: We fire them for tests”) that was published on Artı Gerçek. The court ruled by a majority that the restriction of access decision constituted a violation of the freedom of expression and the press guaranteed by articles 26 and 28 of the Constitution.

 

The Constitutional Court sent its decision to the Ankara 5th Criminal Court of Peace for a re-trial to alleviate the consequences of the violation of the freedom of expression and the press, but rejected claims for compensation.

 

Access to the news item published on 15 October 2019 had been restricted by a decision of the Ankara 5th Criminal Court of Peace. Artı Media had objected to the ruling and taken the case before the Constitutional Court with the claim of a violation of the freedom of expression and the press.

 

Appellate court upholds conviction of journalists sentenced to imprisonment for reporting on “helicopter torture”

The appellate court has upheld the imprisonment sentences of Mezopotamya  news agency (MA) licensed publisher Ferhat Çelik and Jiyan TV licensed broadcaster İdris Yayla for their reporting about an incident in which Servet Turgut was killed after being detained and tortured by soldiers, and Osman Şiban was gravely injured after being thrown off a helicopter in the Çatak district of Van in 2020.

The two journalists who posted about the prosecutor who was running the investigation into Servet Turgut and Osman Şiban being thrown off a helicopter after being detained by soldiers on 11 September 2020 being the same prosecutor who order the detention of journalists who reported on the incident had been given a prison sentence of 1 year and 3 months each on the charge of “marking targets of people who took part in counter-terrorism” (CTL 6/1).

Lawyers for the journalists had appealed against the sentencing for violating the freedom of the press. The 2nd Penal Chamber of the Van Regional Court of Justice dismissed the appeals request by journalists’ lawyers on grounds of basis in its unanimous decision on 10 November 2023.

The decision, which left an option for an appeals to the Supreme Court of Appeals, did not provide any assessment of the charges in the case file. The court of appeals argued that the local court had rejected the defense arguments on “credible grounds,” that the “ruling was lawful, legal and established on sufficient grounds” and that there was “no inaccuracy in the ruling” of the local court.

Journalists’ lawyers are expected to file an appeal against this decision with the Supreme Court of Appeals, and if the latter approves the verdict, the journalists will be imprisoned.

Journalist Ahmet Kanbal faces investigation for “terrorism propaganda”

The investigation against Mezopotamya Agency (MA) reporter Ahmet Kanbal, who was detained in house raids carried out in Mardin on 6 October 2023 has been completed. The Mardin 2nd High Criminal Court has accepted the one-page indictment that was filed for the charge of “terrorism propaganda.”

In the indictment, reporting a news item shared on MA’s X (formerly Twitter) account was taken as the basis of accusations.

MA’s X news post dated 17 March 2023, which read “QSD: Düşen helikopterde 9 savaşçımız hayatını kaybetti” (“QSD: Nine of our fighters were killed in the crashed helicopter”) was taken as evidence of “terrorism propaganda.” This was justified in the indictment on the grounds that “The Mezopotamya Agency has shared a news item “QSD: Nine of our fighters were killed in the crashed helicopter” along with the photos of individuals Mesut Celal Osman code name Zagros Çekdar, Dilber İsa code name Rojda Afrin, Yiyad El Gamiş code name Khalaf Abid and other unidentified PKK/KCK/YPG armed terrorist organization members wearing military camouflage and assault vests.”

However, the news item that was posted on MA’s X account does not feature the photograph described by the prosecutor’s office.

 

Journalist Zübeyde Sarı faces investigation for “spreading false information”

In a statement on social media, journalist Zübeyde Sarı has announced that she was notified of an investigation launched against her on the charge of “spreading false information.”

In her post Saru said: “There are three tweets in my investigation file. I had been tried and acquitted over two of these tweets. They were posted in 2017. In the third tweet, I shared an interview by İsmail Saymaz in 2021 by posting the link (and in quotation marks).”

 

Journalists Furkan Karabay and Faruk Eren stands trial

The first hearing in the trial of Gerçek Gündem news website reporter Furkan Karabay and Managing Editor Faruk Eren on the charge of “marking officials in the fight against terrorism as targets” over a news item that was published on the website and upon Constitutional Court member İrfan Fidan’s complaint was held at the Ankara 22nd High Criminal Court on 7 November 2023.

P24 monitored the hearing.

It was decided that Karabay would provide a statement through an order to another court, due to residing in İstanbul, and therefore Karabay and his lawyer attended the hearing via the judicial videoconferencing system from the İstanbul 28th High Criminal Court. Faruk Eren and his lawyer were present in the Ankara 22nd High Criminal Court’s courtroom.

Faruk Eren, who delivered his defense statement following identification said, “There have been cases concerning appointments of bureaucrats for a long time. This is a news item and I am not in any way involved with it. I request my acquittal and that the ban on my travelling abroad be lifted.”

In his defense, Furkan Karabay said that the news item had been published with him attributed as its author, that Faruk Eren was in no way involved and added: “How could I have committed the crime by reporting on the indictment as it is in the case file and the information in courtroom minutes? If this is the case, should not the prosecutor who prepared the indictment be on trial on the same charges? I do not think I have committed a crime. Therefore, I request that the ban on my travelling abroad be lifted and my acquittal.”

The presiding judge said, “Did you pick İrfan Fidan specifically as a subject to report on? If so, what was your reason? Did you report on other members of the judiciary?”

Karabay said that as a journalist working on judicial reporting, he had reported on many members of the judiciary and that he had no personal animosity towards Fidan.

Karabay’s lawyer Enes Hikmet Ermaner said that the news item subject to the allegations had been prepared based on courtroom minutes and in the framework of freedom of expression and the press, that his client did not act on a specific purpose and requested his acquittal. Ermener also requested the lifting of judicial control measures on his client.

Plaintiff İrfan Fidan’s lawyer argued that Karabay and Eren’s defenses were aimed at absolving themselves of crime and requested sentencing for the journalists.

The court ruled to uphold the judicial control measures and to request the acquiescence of the Ankara 4th High Criminal Court, where Karabay is also on trial on similar allegations with the complainant also being İrfan Fidan, for a merger of the cases.

The trial was adjourned until 5 March 2024.

Trial of Mustafa Büyüksipahi and Birol Güger adjourned

The second hearing in the trial of Cumhuriyet newspaper Editor-in-Chief Mustafa Büyüksipahi and Managing Director Mustafa Birol Güger on charges of “insulting a public official” upon the complaint of the former Minister for Industry and Technology Mustafa Varank was held at the İstanbul 2nd Criminal Court of First Instance on 7 November 2023.

P24 monitored the hearing.

Büyüksipahi and Güger’s lawyer Damla Çaltepe requested the court to await the arrival of her clients, saying they were stuck in traffic.

The judge refused the request and ordered Büyüksipahi and Güger to be forced to appear before the court at the next hearing.

The trial was adjourned until 9 January 2024.

 

Damages case against Canan Kaya dismissed

The sixth hearing in the action for pecuniary damages worth 20,000 TL against Medya Koridoru Licensed Publisher and Editor-in-Chief Canan Kaya on the claim that she had “harmed the commercial reputation and violated the personality rights” of the Demirören Media Group was held at the İstanbul 39th Civil Court of First Instance on 9 November 2023.

The lawyer for the plaintiff Demirören Media Group requested the court to accept the case. Journalist Kaya’s lawyer requested the case to be dismissed. The court ruled to dismiss the case.

The Demirören Media Grup had sued Kaya for pecuniary damages worth 20,000 TL over her news item titled “Demirören yolun sonuna yaklaşıyor: Ziraat Bankası ‘kayyumları’ ne istedi? Tarihleriyle açıklıyoruz!” (“Demirören approaches the end of the road: What did Ziraat Bank ‘appointed administrators’ ask for? We reveal them here with the dates!”) that was published on 26 November 2021.

Journalist Barış Terkoğlu’s trial adjourned until February

The first hearing in the trial of journalist Barış Terkoğlu, along with defendant İYİ Party Deputy Chairperson Ahmet Zeki Üçok, on the charge of “repeatedly insulting a public official” over Terkoğlu’s articles “Hatırlı FETÖ’cüler nasıl kurtarılıyor” (“How are respected FETÖ members saved”) and “Savcı bey geliyorum, bu yazıyı da ekleyin” (“Mr. Prosecutor, I’m on my way, add this article to the list”) which appeared in the Cumhuriyet newspaper in April 2023 was held at the İstanbul 2nd Criminal Court of First Instance on 9 November 2023.

Terkoğlu and his lawyer were present at the hearing, which P24 monitored. Üçok did not attend the hearing.

Terkoğlu requested time from the court to set up his defense statement. The court accepted the request for time and adjourned the trial until 22 February 2024.

No ruling issued in journalist Barış Pehlivan’s trial

The second hearing in the trial of journalist Barış Pehlivan, who is in pre-trial detention at the Maltepe Open Prison, on the charge of “insulting a public official” over his article titled “Mide bulandıran öykü” (“A nauseating story”), which appeared in the Cumhuriyet newspaper in November 2022 was held at the İstanbul 2nd Criminal Court of First Instance on 9 November 2023.

Pehlivan and lawyers for the parties were present at the hearing, which was moved to the courtroom of the İstanbul 14th High Criminal Court, due to the İstanbul 2nd Criminal Court of First Instance courtroom being too small.

Speaking after identification, Pehlivan began his defense by quoting the complaint petition against him written by Supreme Court of Appeals member Ömer Faruk Aydıner: “I wrote about a criminal complaint filed by a businesswoman. One of the people subject to the criminal complaint is Ömer Faruk Aydıner. There was a long legal process and the file ended up at the Supreme Court of Appeals. The Supreme Court of Appeals decided that the case ‘did not merit an investigation.’ Ömer Faruk Aydıner then filed a case against the plaintiff businesswoman over the allegations made against himself. In my article, I presented the claims against Ömer Faruk Aydıner, as well as the counter criminal complaint by Aydıner. What we are discussing here today is whether it is a crime to write a column about a legal process based completely on legal documents. The businesswoman had borrowed money from someone trafficking in drugs. When repaying the debt, Supreme Court of Appeals member Ömer Faruk Aydıner became involved and received a payment. The prosecutor’s office determined that my writing about this legal complaint constitutes ‘insulting a public official.’ If it is to be accepted that I ‘insulted Ömer Faruk Aydıner,’ then it follows that the involvement of a member of the judiciary in a monetary transaction between a businesswoman and a drugs baron is ‘public duty.’ This is what this trial is about.”

Pehlivan continued, “There is another important aspect of this case for me. That is because I am being deprived of my freedom due to this case, without having an ounce of culpability.”

Enes Hikmet Ermaner, one of Pehlivan’s lawyers, said, “The indictment does not explain which word constitutes an insult to the complainant. My client has reported on the complaint petition by the businesswoman and the complainant Ömer Faruk Aydıner has not made any claims. Because it is not clear how my client has committed the crime of insult, this case should have been dismissed from the beginning. We request the acquittal of our client who has reported for the public good within the framework of the freedom of expression and the press.”

Plaintiff Ömer Faruk Aydıner’s lawyer requested joining the case as co-plaintiff. The complainant’s lawyer said they upheld their complaint and requested sentencing for Pehlivan.

The court accepted the request to join as co-plaintiff. The prosecutor for the hearing, who presented their final opinion, requested sentencing for Pehlivan as charged.

Pehlivan spoke against the opinion and said, “This was not the first time I wrote such an article. Explain to me what will happen if I am sentenced. You would have to chase away every journalist in the courthouse. What they do is to follow hearings and report on them and what I did is just that.”

Hüseyin Ersöz, another lawyer for Pehlivan said the following in his statement against the opinion: “The article subject to the charge comes under the freedom of the press in terms of content. [Pehlivan] has written a column that is based on verifiable facts, documents, and witnesses’ testimonies. We request that the prosecutor withdraw their opinion and the acquittal of my client.”

The presiding judge said that they would not issue a ruling because they wanted to examine the written defenses filed by Pehlivan’s lawyers. Pehlivan objected, saying “If you issue no ruling today, I will have to return to prison tomorrow. Take a recess for an hour to examine them.”

The presiding judge responded, “I have already established my interim order Mr. Pehlivan, I will not withdraw it” and adjourned the trial until 16 November 2023.

Pehlivan had been sentenced to 3 years and 9 months of imprisonment in March 2020 for his reporting on the funeral of a member of the National Intelligence Agency. After six months in prison, Pehlivan had been released on probation on 9 September 2020 on the condition of no other cases being filed against him. A new case was filed against Pehlivan on 30 March 2023 for another news item. Pehlivan’s probation was then lifted and a decision was issued for his imprisonment. On 17 May 2023, Pehlivan was called to the prison and after spending a few hours at the open prison, he was released as part of coronavirus precautions. Pehlivan, who has since faced other charges over his writing, was imprisoned again on 15 August 2023 as no action had been taken with respect to his applications for probation.

 

Trial of 18 journalists for “membership in a terrorist organization” adjourned until February

 

The second hearing in the trial of 18 journalists on the charge of “membership in a terrorist organization” was held at the Diyarbakır 4th High Criminal Court on 9 November 2023. The journalists were detained as part of a Diyarbakır-based operation on 8 June 2022, imprisoned pending trial on 16 June 2022 and released after the first hearing that was held 13 months later.

 

Of the journalists who are free pending trial, Ömer Çelik, Mehmet Ali Ertaş, Mehmet Şahin, Lezgin Akdeniz, Serdar Altan, Elif Üngör, Esmer Tunç, Rohat Bulut and their lawyers were present at the hearing.

 

Lawyer for the defense Resul Temur said that as the investigation file referred to digital files, it was apparent that image processing had been carried out and requested the return of confiscated materials. Lawyer Temur also said that as the search carried out on the premises of Ari Productions between 8 June and 8 July 2022 and the relevant report were not included in the case file, these should be requested and there was no need to hear witnesses waiting at the courthouse.

 

Lawyers for the journalists requested the lifting of the judicial control measures and bans on their clients travelling abroad so that they could engage in journalistic activities and enjoy freedom of travel.

 

The court ruled to issue a writ to the Diyarbakır Chief Prosecutor’s Office to request the report concerning the search carried out at Ari Productions and the return of digital materials if the examination had been concluded; and refused the request for the lifting of the ban on defendants travelling abroad. The court adjourned the trial until 1 February 2024.

 

Defendants in the trial are Dicle Fırat Journalists Association (DFG) co-chair Serdar Altan, Mezopotamya Agency (MA) editor Aziz Oruç, Xwebûn newspaper managing editor Mehmet Ali Ertaş and journalists Zeynel Abidin Bulut, Ömer Çelik, Mazlum Doğan Güler, İbrahim Koyuncu, Neşe Toprak, Elif Üngür, Abdurrahman Öncü, Suat Doğuhan, Remziye Temel, Ramazan Geciken, Lezgin Akdeniz, Mehmet Şahin, Kadir Bayram, Esmer Tunç and Mehmet Yalçın

 

Journalist Baransel Ağca’s trials adjourned

 

The sixth hearing in the trial of journalist Baransel Ağca on the charge of “inciting the people to hatred and enmity” was held at the İstanbul 43rd Criminal Court of First Instance on 7 November 2023.

No one attended the hearing. The trial was adjourned until 29 March 2024.

The indictment filed by the Press Crimes Investigation Office of the İstanbul Chief Prosecutor’s Office lists a social media post by Ağca dated 25 December 2020 that has a humorous take on the ban on consuming wine in İslam.

Meanwhile, the fourth hearing in the trial of journalist Ağca on the charge of “illegally obtaining and disseminating personal data” was held at the Elazığ 8th Criminal Court of First Instance on 7 November 2023.

The court adjourned the trial until 29 February 2024.

 

JinNews Director Safiye Alağaş’s trial adjourned until February

 

The second hearing in the trial of JinNews director Safiye Alağaş on the charge of “membership in a terrorist organization” was held at the Diyarbakır 5th High Criminal Court on 9 November 2023.

 

Alağaş, who is free pending trial, and her lawyers attended the hearing.

 

Delivering her defense after identification, Alağaş said that she had nothing to add to statements she had made at the first hearing. Alağaş’s lawyer Resul Temur, who spoke after, said that due to his client being a journalist, she had been invited to a meeting about journalism abroad and therefore requested the lifting of the ban on his client travelling abroad. Temur also requested the return of the digital materials confiscated during the searches at his client’s home and at JinNews premises.

 

Alağaş’s other lawyer Pirozhan Karali repeated the requests.

 

Announcing its ruling, the court decided to evaluate the matter of digital materials along with its ruling on the basis, to uphold the ban on travelling abroad and adjourned the trial until 22 February 2024.

 

Journalists İsminaz Temel and Havva Cuştan’s trial on “terrorism” charges adjourned until January

 

The 24th hearing in the trial of 23 people, including Etkin Haber Ajansı (ETHA) editor İsminaz Temel and former ETHA reporter Havva Cuştan and lawyers of the Law Office of the Oppressed (EHB) on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the İstanbul 27th High Criminal Court on 9 November 2023.

 

The prosecutor presented their final opinion on the case and requested that defendant lawyer Gülhan Kaya be released.

 

The court ruled to release Gülhan Kaya, who has been in pre-trial detention since June, on grounds of “no suspicion of flight” and adjourned the trial until 11 January 2024.

 

Journalist Perihan Kaya’s re-trial on the charge of “terrorism propaganda” adjourned until April 2024

 

The third hearing in the re-trial of journalist Perihan Kaya on the charge of “terrorism propaganda” was held at the Diyarbakır 10th High Criminal Court on 10 November 2023.

 

The court ruled to write and order for obtaining the defencs of Kaya, who lives abroad, and adjourned the trial until 5 April 2024.

 

Kaya had been sentenced to 1 year and 3 months of imprisonment for the crime of “terrorism propaganda” on the allegation that she was “responsible for the press field of the KCK structure” based on her membership of the shut-down Free Journalists Association (ÖGC), social media posts, phone conversations with colleagues and testimonies by secret witnesses. However, the appellate court had overturned the local court’s verdict on grounds that Kaya had repeatedly committed the crime of “propaganda” over social media, the sentence was too light and therefore the local court should have considered the provision for repeated offenses in Turkish Penal Code Article 43.

Journalist Mansur Çelik's trial adjourned until January

The fourth hearing in the trial of ANKA News Agency Managing Editor Mansur Çelik on the charge of “marking official in the fight against terrorism as targets” over his 2020 new item concerning Akın Gürlek was held at the Ankara 22nd High Criminal Court on 9 November 2023.

The hearing was held summarily, and the court adjourned the trial until 18 January 2024.

At least 43 journalists and media workers in prison

With the release of Tolga Şardan on 6 November and the arrest of Elif Akkuş on 20 October, 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 10 November 2023.

The full list can be viewed here.