İsmail Arı acquitted; court rules “no grounds for sentencing” in Zafer Arapkirli’s retrial; President Erdoğan files criminal complaint against journalist Metin Cihan; prosecutor requests sentencing in Erdem Gül’s retrial

Journalist İsmail Arı acquitted

The fourth hearing in the trial of journalist İsmail Arı on the charge of “insulting a public official” over his news item titled “Deniz manzaralı araziyi Varank’ın ‘kuzeni’ kaptı” (“Varank’s ‘cousin’ lands plot with sea view”) that was published in the BirGün newspaper in 2020 was held at the İstanbul 2nd Criminal Court of First Instance on 28 November 2023.

Lawyers for the parties were present at the hearing, which P24 monitored.

The prosecutor, who repeated their final opinion on the case submitted at the 24 October 2023 hearing in the trial, requested sentencing for Arı for the impugned crime.

Announcing its verdict, the court ruled to acquit Arı on the grounds that “the law does not define the alleged actions of Arı as a crime.”

Please click here for a detailed report.

Court rules “no grounds for sentencing” in Zafer Arapkirli’s retrial

The third hearing in the re-rial of journalist Zafer Arapkirli on the charge of “insult” over criticizing a statement made by Sosyal Doku (Social Fabric) Foundation’s Nureddin Yıldız on social media was held at the İstanbul 32nd Criminal Court of First Instance on 29 November 2023.

Arapkirli and his lawyers were present at the hearing, which P24 monitored. Co-plaintiff Nureddin Yıldız’s lawyers presented an excuse not to attend.

Announcing its verdict, the court ruled that the act of “insult” was committed in reaction to a wrongful act and therefore there were no grounds for sentencing Arapkirli.

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WDR Cosmo Turkish manager Tuncay Özdamar detained

On 29 November 2023, WDR Cosmo Turkish manager Tuncay Özdamar was detained at Esenboğa Airport in Ankara, where he had gone to visit family, on suspicion of “marking those assigned with the fight against terrorism as a target” over some social media posts he had shared in 2018.

Özdamar was released 14 hours later and his lawyer said that the detention decision was a result of mistaken identity.

The WDR has announced that they are yet to receive a written response to their questions to the chief prosecutor’s office and the Ministry of Justice.

President Erdoğan files criminal complaint against journalist Metin Cihan

President Recep Tayyip Erdoğan has filed a criminal complaint on charges of “insult” and “defamation” against journalist Metin Cihan over claims Cihan reported on his social media account.

The İstanbul Chief Prosecutor’s Office has started an investigation upon receiving the criminal complaint.

Journalist Cihan had written that while Erdoğan “condemned Israel for bombing hospitals” on 17 October 2023, “a ship belonging to his son Burak Erdoğan was loading cargo at an Israeli port.”

Cihan had claimed that some of the ships delivering to Israel were connected with members of the governing Justice and Development Party (AKP) as well as its coalition partners the Great Unity Party (BBP) and Free Cause Party (HÜDA-PAR).

Journalist Onur Öncü acquitted

Journalist Onur Öncü was acquitted at the first hearing in his trial over the charge that he had been recording during a court hearing on the murder of Deniz Poyraz, which was held at the İzmir 23rd Criminal Court of First Instance on 1 December 2023.

Öncü said, “We proved that I was in Germany on the day of the hearing and I was acquitted.”

Three journalists arrested in Şırnak at 25 November march

The police broke up the 25 November International Day for the Elimination of Violence Against Women march in Turkey’s southeastern province of Şırnak. Police officers detained Mezopotamya Agency (MA) reporters Zeynep Durgut and Ömer Akın, JinNews reporter Rozerin Gültekin and many other women.

It has been reported that the police prevented journalists from obtaining footage and broke a video camera belonging to one of the journalists.

Those detained were taken to the provincial directorate of security.

Verdict in Evrensel’s case against the BİK to be rendered after 15 days

The first hearing in the case filed by the Evrensel newspaper against the Press Advertising Agency (BİK) for cancelling the newspaper’s right to publish public advertisement and announcements was held at the İstanbul 2nd Administrative Court on 28 November 2023.

At the hearing, the newspaper’s lawyer Devrim Avcı said that the inspections, which were presented as the grounds for Evrensel no longer being allowed to publish public advertisements were carried out in İstanbul only, that the BİK did not place such an obligation on any other newspaper or publication and that the principle of equality before the law had been violated. Lawyer Avcı requested the case to be accepted and for the administrative sanction to be lifted.

Lawyers for the BİK argued that the “cancellation was constitutional,” that “the inspections were intended to stop the publication of newspapers or the sake of publishing public ads alone” and that this way they “intended to improve the quality of the press.”

The court declared that it would announce its verdict after 15 days.

Demokratik Modernite trial adjourned until February

The seventh hearing in the trial of Demokratik Modernite magazine Managing Editor Ramazan Yurttapan, Agos weekly Armenian pages editor Pakrat Estukyan and three others on the charge of “terrorism propaganda” was held at the İstanbul 30th High Criminal Court on 1 December 2023.

Yurttapan and Estukyan did not attend, while their lawyer Sercan Korkmaz was present at the hearing, which P24 monitored.

The journalists’ lawyers had previously informed the court of the owners of the written pieces, which are subject to the charges, in a written petition. The court had issued an interim order for an exploration concerning the writers.

The court has relinquished its interim order for an exploration of the writers and ruled to convey the case file to the prosecutor’s office for their final opinion on the case to be filed. The case was adjourned until 2 February 2024.

Court expert’s report to be awaited in the Boğaziçi exhibition trial

The 10th hearing in the trial of seven Boğaziçi University students on the charge of “inciting the people to hatred and enmity” over an image in an exhibition held as part of the protests against the appointment of Rector Melih Bulu by President Recep Tayyip Erdoğan was held at the İstanbul 21st Criminal Court of First Instance on 1 December 2023.

The defendants and their lawyers did not attend the hearing, which P24 monitored.

At the 17 February 2023 hearing in the trial, the court had decided to have a committee of court experts consisting of an expert in public order and security, and expert in social sciences and an expert in linguistics to establish whether the actions of the defendants constituted “inciting the people to hatred and enmity,” whether they were conducive to an open and imminent danger to the public security and whether they were conducive to disrupting public peace.

The panel of judges stated that the expected court expert’s report had not yet been submitted.

Ruling to await the submittal of the court expert’s report, the court adjourned the trial until 24 April 2024.

Prosecutor requests sentencing for Erdem Gül in retrial

The second hearing in the re-trial of Cumhuriyet newspaper’s former Ankara correspondent Erdem Gül on the charge of “knowingly and willingly aiding a terrorist organization, despite not being a part of its hierarchical structure” over the publication of images of National Intelligence Agency trucks, was held at the İstanbul 14th High Criminal Court on 30 November 2023.

Erdem Gül and his lawyers attended the hearing. The prosecutor submitted their final opinion on the case, and requested sentencing for Erdem Gül for the impugned crime on the grounds that “information, documents and images which fell within national security and state secrets and which need to be kept secret for the security of the state and its internal and external interests that were procured by FETÖ/PDY members were published and disclosed despite the ban on publishing and broadcasting.”

Gül and his lawyers requested time to set up a counterstatement against the final opinion. The court accepted their request and adjourned the trial until 28 February 2024.

Journalists Barış Pehlivan and Suat Toktaş’s hearing in “insult” case held, Pehlivan’s file separated

The 30 November 2023 hearing in the trial of journalists Barış Pehlivan and Suat Toktaş on the charge of “insulting a public official” over the complaint of the former Council of Judges and Prosecutors member Hamit Kocabey was held at the Ankara 39th Criminal Court of First Instance.

Pehlivan’s case file was separated and merged with his ongoing case on the same charge at the Ankara 19th Criminal Court of First Instance.

Submitting their final opinion on the case, the prosecutor requested Toktaş’s acquittal as “the legal elements of the impugned crime did not exist.”

The court accepted the request of defendants’ lawyers for time to set up a counterstatement against the final opinion and adjourned the trial until 21 December 2023.

At least 40 journalists and media workers in prison

According to latest information obtained by Expression Interrupted, with the recent releases of journalists Ercan Gül and Mustafa Ünal, there are now at least 40 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence as of 1 December 2023.

The full list can be viewed here.