Expression Interrupted

Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.

Freedom of Expression and the Press in Turkey - 426

Freedom of Expression and the Press in Turkey - 426

Abdurrahman Gök released pending trial; Constitutional Court rules for rights violations in Özgür Boğatekin’s case; Constitutional Court annuls article on “committing crimes on behalf of a terrorist organization;” Yetkin Yıldız handed jail term; Dicle Müftüoğlu remains behind bars as her trial begins

 

Journalist Abdurrahman Gök released pending trial at second hearing

The fifth hearing in the trial of jailed Mezopotamya news agency (MA) editor Abdurrahman Gök, who is known as the journalist who took the photos documenting the death of Kemal Korkut resulting from police shooting at the 2017 Newroz celebrations, on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Diyarbakır 5th High Criminal Court on 5 December 2023.

P24 monitored the hearing. Along with Gök’s lawyers Resul Temur and M. Emin Aktar, MLSA Co-Director and lawyer Veysel Ok participated in the defense.

Asked for their final opinion on the case, the prosecutor requested Gök’s release, given the long period of time spent in remand and the fact the evidence had been collected.

Lawyers for the defense requested their client’s release on the grounds that the witness testimonies were inconsistent, they did not contain evidence of any actions of their client and the actions subject to the charges were activities undertaken professionally as a journalist.

The court issued an interim ruling in which it decided to release Gök pending trial under a ban on traveling abroad. The court adjourned the case until 12 March 2024.

For further information see our report.

Court rules to keep Dicle Müftüoğlu in prison before the defense finish speaking

The first hearing in the trial of journalist and Dicle Fırat Journalists Association (DFG) Co-Chair Dicle Müftüoğlu on charges of “membership in a terrorist organization” and “establishing and administrating a terrorist organization” was held at the Diyarbakır 5th High Criminal Court on 7 December 2023.

P24 monitored the hearing.

Müftüoğlu has been jailed pending trial at the Sincan Closed Women’s Prison since 3 May 2023.

While Müftüoğlu attended the hearing from the Sincan Women’s Prison via the judicial video-conferencing network SEGBİS, her lawyers and many observers were present in the courtroom.

Delivering a statement for the defense, lawyer Resul Temur said that Kerem Gökalp, who is listed in the indictment as a witness turned state’s evidence and said, “Why was the witness shown photos of our client, when he had not named her in his confessions? It is clear that the witness was made an offer he could not refuse. A secret witness was used to strengthen the claim that our client was undertaking illegal activities. The said secret witness is revealed to have been working for the state in the statement they gave to the judge.”

The court issued its interim order for the “continuation of remand” after lawyer Resul Temur’s statement, before other defense lawyers could speak and Müftüoğlu’s counter-statement against the opinion was heard.

The panel of judges ruled for a writ to be issued to receive the testimonies of witness Kerem Gökalp and the secret witness and for the continuation of Müftüoğlu’s imprisonment.

The next hearing is scheduled for 18 January 2024.

For details, see our report.

Constitutional Court rules for “rights violations” in Özgür Boğatekin’s case

The Constitutional Court found that the imprisonment sentence handed to Adıyaman-based Gerger Fırat newspaper journalist Özgür Boğatekin to constitute a “violation of the freedom of the press and expression.” Boğatekin was sentenced to imprisonment for “defamation” over a complaint filed by the Gerger District Governor Ömer Bilgin concerning his columns.

The Constitutional Court took its decision by a majority vote and the decision was published in the 7 December 2023 edition of the Official Gazette.

Gerger District Governor Ömer Bilgin filed a criminal complaint over the columns titled “Et Kokarsa Tuzlarsın” (published on 2 April 2013); “Kanun Mu Kaymakam Mı” (5 April 2013); “Namussuz Kim” (9 October 2013) and “Rant Kime Gidiyor” (26 October 2013). Following the indictment filed by the Gerger Chief Prosecutor’s Office on 21 February 2014, a charge of “defamation” had been brought against Özgür Boğatekin and at the final hearing on 31 March 2015, the Gerger Criminal Court of First Instance sentenced Boğatekin to 12 months and 15 days in prison. Boğatekin had first appealed the case with the Supreme Court of Appeals, and after the 8th Criminal Chamber approved the ruling on 9 March 2020, he brought the case before the Constitutional Court.

Constitutional Court annuls Article 220/6 of the Turkish Penal Code

The Constitutional Court annulled paragraph 6 of Article 220 of the Turkish Pernal Code (TCK) which regulated the crime of “committing crimes on behalf of a terrorist organization without being its member” with a decision dated 26 October 2023. In its unanimous decision to annul the said paragraph upon the applications by the Patnos High Criminal Court and the İstanbul 22nd High Criminal Court, the Constitutional Court stated that the paragraph did not provide any explanation of the concept of “a crime committed on behalf of an organization.”

The decision was published in the 8 December 2023 issue of the Official Gazette and will enter into force four months from the date.

Journalist Yetkin Yıldız given jail term for “defamation”

The 27th hearing in the trial of Yetkin Yıldız, the managing editor of the shut down news portal aktifhaber.com on the charge of “insulting a public official” was held at the Bakırköy 31st Criminal Court of First Instance on 7 December 2023. The case against Yıldız had been filed upon a complaint filed by former Interior Minister Efkan Ala over a report titled "Fuat Avni Suruç patlaması ile ilgili Twitter’dan çarpıcı mesajlar paylaştı” (Fuat Avni shares shocking messages about the Suruç explosion on Twitter).

Yıldız was present at the hearing.

The prosecutor repeated their final opinion on the case submitted at the hearing held on 24 October 2023 and requested Yıldız to be sentenced for “defamation” and to be acquitted of “insult.”

Yıldız began his defense by stating he only agreed with the prosecutor’s final opinion concerning his acquittal and said, “This news item was not prepared by the news site I worked for at the time. I took the news item from the websites of the Sözcü and Cumhuriyet newspapers.”

Yıldız requested his acquittal of both charges and in case failing that, for the sentence to be deferred.

The court sentenced journalist Yıldız in 1 year for “defamation” and ruled for “no grounds for a verdict” for “insult” as Yıldız’s actions “solely constituted the crime of defamation.”

The court did not defer the sentence on the grounds that Yıldız had been sentenced for another crime before the duration of the deferral of the sentence in a separate case had expired.

Court rejects case against journalist Beritan Canözer

The final hearing in the trial of journalist Beritan Canözer on the charge of “membership in a terrorist organization” was held at the Diyarbakır 10th High Criminal Court.

Canözer and her lawyer were present at the hearing, while witness Ümit Akbıyık attended via the judicial videoconferencing system.

Delivering her defense, Canözer said that of the 800 news items she had produced over 10 years, 20-30 were selected and placed in the case file. Canözer said, “This is done purposefully to give the impression that I only report on these kind of subjects. However, I have reported dozens of times in many fields, including politics, women, children, ecology, the economy, sports, and health. I was tried before and acquitted over the Sur news items. I was a journalist then and I am a journalist now; my position has not changed. I request my acquittal.”

The court ruled to reject the case on the basis that the same case against journalist Canözer had been tried by the Diyarbakır 9th High Criminal Court and resulted in acquittal, which would therefore make this a repeat trial.

Journalist İrfan Uçar arrested in home raid

Journalist İrfan Uçar, who was detained on suspicion of “membership in a terrorist organization” in a raid on his home in the Islahiye district of Gaziantep on 6 December 2023 was released on 7 December 2023. Uçar gave a statement at the Gaziantep Counter-Terrorism Branch and his professional activities and phone conversations with colleagues were presented as evidence of suspicion.

Following procedures at the police station, Uçar was transferred to the Gaziantep Courthouse. The prosecutor conveyed Uçar to the Gaziantep 2nd Criminal Court of Peace with a request for his release on judicial control measures.

Presenting their defense to the court, Uçar’s lawyers pointed out that a confidentiality order had been issued for the case and said, “We cannot see or discuss the evidence. This violates the principle of fair trial. Despite there being no evidence other than the abstract and unfounded allegations by third parties and a secret witness in the file, our client’s home was raided with armored vehicles. All actions subject to the claim are journalistic activities. We request that our client be released pending trial.”

Following the defense, Uçar was released with a ban on traveling abroad.

Ogün Samast allowed time to set up defense in the Hrant Dink case

The third  hearing in the new trial on charges of “attempting to destroy the Constitutional order” and “committing crimes on behalf of a terrorist organization” of 11 defendants, five of whom are police officers, in the Hrant Dink murder case was held at the İstanbul 14th High Criminal Court.

Ogün Samast was included among the defendants in this new trial, as the case on the charge of “committing crimes on behalf of a terrorist organization” was merged with this case.

Lawyers for both parties were present at the hearing.

There was a recess following the defense statements. After the recess, Ogün Samast's lawyer Raşit Hodo said that his client had only recently been served with the indictment, requested that his defense not be taken at the present hearing and additional time be allowed to set up a defense.

The presiding judge accepted the request and ruled for Samast’s defense to be heard at the following hearing. The trial was adjourned until 6 March 2024.

Prosecutor requests sentencing for İsmail Saymaz

The second hearing in the trial of journalist İsmail Saymaz on charges of “marking those assigned with the fight against terrorism as a target” and “insulting a public official” over a criminal complaint filed by judge Murat Bircan was held at the İstanbul 24th High Criminal Court on 5 December 2023.

P24 monitored the hearing, where Saymaz and his lawyers were present.

Presenting their final opinion on the case, the prosecutor requested Saymaz to be acquitted of the charge of “insult” and be sentenced for the crime of

“marking those assigned with the fight against terrorism as a target.”

Saymaz and his lawyers requested time to set up a counter-statement against the prosecutor’s final opinion. The court accepted their request and adjourned the trial until 23 January 2024.

The case against Saymaz had been filed upon the complaint filed by judge Murat Bircan over his column titled “Gezi Davası’ndaki AKP’li hâkimin eşi FETÖ itirafçısıymış” (Spouse of pro-AKP judge in the Gezi Trial was a FETÖ confessor).

Trial of journalists Osman Akın and Veysi Sarısözen adjourned until April

The 15th  hearing in the trial of Yeni Yaşam newspaper managing editor Osman Akın and contributor Veysi Sarısözen on the charge of “terrorism propaganda” over articles published in the newspaper was held at the Istanbul 13th High Criminal Court on 5 December 2023.

The hearing was held summarily, and the trial was adjourned until 3 April 2024.

Journalist Gözde Bedeloğlu appears before court

The first hearing in the trial of BirGün newspaper contributor Gözde Bedeloğlu on the charge of “insulting a public official” over the complaint filed by Nationalist Movement Party (MHP) MP Sermet Atay was held at the Istanbul 2nd Criminal Court of First Instance on 5 December 2023.

P24 monitored the hearing, attended by Bedeloğlu and her lawyer attended. Plaintiff Sermet Atay’s lawyer presented an excuse not to attend.

Bedeloğlu delivered her defense following identification and rejected the impugned crime: “Just as I did not intend to insult through my article, I used no expressions that could be considered an element of crime. I reported on the claims concerning the complainant within the framework of principles of professional journalism and I did not state an opinion.”

The court accepted the plaintiff Sermet Atay’s request to intervene on grounds of the possibility of suffering harm from the crime and the excuse not to attend and ruled to convey the case file to the prosecutor’s office for the final opinion on the case to be filed. The trial was adjourned until 22 February 2024.

Bedeloğlu is on trial for her article titled “Dünden bugüne ‘devleti koruyanlar’” (“Those ‘protecting the state’ from the past until the present”) which was published on the BirGün newspaper’s website on 9 April 2023.

Nagihan Yılkın and Mustafa Büyüksipahi’s trial adjourned

The third hearing in the trial of Cumhuriyet newspaper reporter Nagihan Yılkın and cumhuriyet.com.tr Editor-in-Chief Mustafa Büyüksipahi on the charge of “insulting a public official” over the complaint filed by then Governor of Gaziantep Davut Gül was held at the Istanbul 2nd Criminal Court of First Instance on 5 December 2023.

Parties’ lawyers were present at the hearing, which P24 monitored. Yılkın and Büyüksipahi did not attend the hearing.

The prosecutor for the hearing repeated their finaş opinion on the case at the hearing on 13 July 2023 and requested sentencing for Yılkın and Büyüksipahi for the impugned crime.

Co-plaintiff Davut Gül’s lawyer stated they upheld their complaint and requested sentencing for Yılkın and Büyüksipahi.

Yılkın and Büyüksipahi’s lawyer requested time to set up a defense statement. The court accepted their request and adjourned the trial until 15 February 2024.

The case against Cumhuriyet reporter Yılkın and cumhuriyet.com.tr Editor-in-Chief Büyüksipahi was filed upon the complaint filed by Governor Gül over the news item titled “Gaziantep Valiliği Hakkında suç duyurusu: Yolsuzluk ve rüşvet ağı ortaya çıktı” (“Criminal complaint against Gaziantep Governorate: Corruption and bribery network exposed”) which was published on the newspaper’s website on 5 March 2022.

Documentary filmmaker Sibel Tekin’s trial adjourned until January

The fourth  hearing in the trial of documentary filmmaker Sibel Tekin on the charge of “membership in a terrorist organization” over allegations she had recorded footage of “police and prison vehicles” in her documentary “Karanlıkta Başlayan Hayat” was held in Ankara on 5 December 2023.

The court ruled to await the court expert’s report on the examination of digital materials and adjourned the trial until 16 January 2024.

Journalists Nebiye Arı, Hilal Işık and Yağmur Kaya acquitted

The sixth  hearing in the trial of journalists Nebiye Arı, Hilal Işık, Yağmur Kaya and 46 other defendants on the charge of “violating the Law No. 2911 on Meetings and Demonstrations” was held at the Ankara 15th Criminal Court of First Instance on 6 December 2023.

The court ruled to acquit all defendants.

The indictment dated 27 May 2022 listed the detention of the group outside Ankara while following and participating in the Barınamıyoruz (We Can’t Find Shelter) Movement from İzmir to Ankara demonstration held on 12 December 2021, the slogans they allegedly chanted while being detained and a post on the social media accounts of the Barınamıyoruz Movement as evidence of the charges brought against the journalists and activists.

"Insult" case against Ahmet Altan dismissed due to statute of limitations

The 11th hearing in the trial of journalist and writer Ahmet Altan on the charge of “insulting a public official” over a complaint filed by then Chief Prosecutor of Supreme Court of Appeals Abdurrahman Yalçınkaya was held at the Anadolu 2nd Criminal Court of First Instance on 5 December 2023.

No parties attended the hearing.

In their final opinion on the case, the prosecutor requested that the case be dismissed due to the statute of limitations. The court ruled to dismiss the case due to the statute of limitations.

The case had been refiled 10 years after it had been decided, following Altan being sentenced in another case on the charge of “insulting the president” which was held at the İstanbul 32nd Criminal Court of First Instance.

Council of State decides on formal changes in Press Advertising Agency regulation

The Council of State has issued a ruling in the case brought before it by the Journalists Union of Turkey (TGS) and the Journalists Association with the claim that the distribution of official announcements and advertisement by the Press Advertising Agency (BİK) lacked legal bases. The Council of State rejected the claims andruled for a change to expressions in only three articles of the regulation.

The press organizations had stated that “There are no legal bases to the distribution of official announcements and advertisements; the addition of an article of the law governing the form of the regulation will not resolve problems; the authority of the administration should be defined and basic principles established; the law does not regulate conditions under which official announcements and advertisement could be distributed, right to publish earned or lost; and the law therefore provides the authority with unlimited and undefined authority.”

Press organizations argued that this situation was unconstitutional and therefore an application to the Constitutional Court was necessary over the articles providing the Press Advertising Agency with unlimited authority.

In their application, the press organizations also stated that the Constitutional Court had agreed that the principles of press ethics led to a systematic problem.

Press organizations also argued that the issuing of press cards by the Presidential Presidency of Communications led to arbitrariness. Their application stated that the conditions required by the Press Advertising Agency amounted to setting editorial policy for newspapers.

Defending against these claims, the Press Advertising Agency said that the articles did not violate the Constitution and that the definition of “press card” was still in effect.

Council of State Rapporteur Judge Emre Dursun stated that some articles were unconstitutional and requested a decision to be issued or an application with the Constitutional Court.

However, the Council of State only ruled for the removal of the expression “it is compulsory for those employing contributors to publish the columns by these contributors at least two times every seven days” in article 23, the expression “…according to the duration identified…” in article 107 and the expression “…from this date…” in article 111.

TGS’s lawyer Meliha Selvi and the Journalists Association’s lawyer Mustafa Gökhan Tekşen had filed a case with the Council of State for the annulment of the articles in the Official Announcements and Advertisement Regulation of the BİK and for an application to be filed with the Constitutional Court.

Journalist Gökmen Karadağ and lawyer Salim Şen appear in court over İrfan Fidan’s complaint

Journalist Gökmen Karadağ and lawyer-political commentator Salim Şen appeared before the Istanbul 13th High Criminal Court on 4 December 2023 for their trial on the charge of “marking those assigned with the fight against terrorism as a target.” The case was filed over a complaint by former Istanbul Chief Public Prosecutor and current Constitutional Court Judge İrfan Fidan over comments made by Karadağ and Şen on the show “Açıkça” broadcast on Tele 1.

After the hearing, Karadağ wrote on his social media account that they had given a statement and said, “The quotations from the completely public indictment regarding İrfan Fidan’s duties in this investigation when he was the İstanbul Chief Prosecutor, and that we reminding the audience that he had risen to the Constitutional Court without taking on a single file at the Supreme Court of Appeals are claimed to constitute the impugned crime.”

Charlie Hebdo trial adjourned until May

The fifth hearing in the trial of Paris based cartoon magazine Charlie Hebdo General Director Julien Serignac, Managing Editor Gerard Biard, Chief Editor Laurent Sorurisseau and cartoonist Alice on the charge of “insulting the president” was held at the Ankara 2nd Criminal Court of First Instance on 7 December 2023.

No parties attended the hearing.

The court ruled to inquire into the outcome of the dispatched letter rogatory and adjourned the trial until 23 May 2023.

An investigation had been launched into a cartoon with a photo of President Recep Tayyip Erdoğan that appeared in the 28 October 2020 issue of the French magazine and the four employees of the magazine were charged with “insulting the president” in the indictment filed by the Ankara Chief Public Prosecutor’s Office.

At least 37 journalists and media workers in prison

According to information obtained by Expression Interrupted, journalist Melih Gasgar has been released from prison upon completing a sentence of 6 years and 10 months he had been givn for “membership in a terrorist organization.”

Now-defunct Özgürlükçü Demokrasi employee Hamdullah Bayram, who was imprisoned pending trial on 20 March 2023 on the charge of “membership in a terrorist organization,” was released at the end of the hearing held at the Şanlıurfa 2nd High Criminal Court on 23 October 2023. The court also sentenced Bayram to 7 years and 6 months in prison.

Journalist Mikail Barut was released pending trial at the of the first hearing held at the Diyarbakır 4th High Criminal Court on 27 April 2023. Barut is charged with “membership in a terrorist organization.”

With the imprisonment of Nazlı Ilıcak on 4 December and the release of journalist Abdurrahman Gök pending trial on 5 December, there are now at least 37 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence as of 9 December 2023.

The full list can be viewed here.

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