Ahmet Kanbal acquitted of “disseminating misleading information;” Sedat Yılmaz released pending trial; Ertuğrul Mavioğlu and Çayan Demirel sentenced in their retrial; access to Ekşi Sözlük blocked again; Elif Akgül charged with “terrorism propaganda”

 

Journalist Ahmet Kanbal acquitted of “disseminating misleading information”

Journalist Ahmet Kanbal appeared before the Mardin 1st Criminal Court of First Instance on 13 December 2023 for the second hearing of his trial on the charge of “publicly disseminating misleading information.” The accusation against Kanbal stemmed from a social media post he had shared about a ballot box in Turkey’s southeastern province of Mardin that went unaccounted for during the night of the 14 May elections.

P24 monitored the hearing, where Kanbal and his lawyer Erdal Kuzu were in attendance.

P24 also prepared a third-party legal opinion on the case against Kanbal upon his lawyer’s request. Kanbal’s lawyer submitted the expert opinion, penned by lawyer Benan Molu, to the court during the hearing.

The court heard the president of the ballot committee and DEM Party (former Party of Greens and Left Future) ballot representative as witnesses. Addressing the court following witness testimonies, Kanbal said that the statements revealed that he was not guilty.

Presenting their final opinion on the case, the prosecutor requested Kanbal’s acquittal on the grounds that he had shared the social media post subject to the charge based on tangible information and documents.

Ruling in line with the prosecutor’s final opinion, the court acquitted Kanbal because the legal elements of the alleged offense were not present.

For details, see this report.

Journalist Sedat Yılmaz released pending trial

Mezopotamya News Agency (MA) editor Sedat Yılmaz appeared before the Diyarbakır 4th High Criminal Court on 14 December 2023 for the first hearing of his trial on charges of “establishing and managing a terrorist organization” and “membership in a terrorist organization.” Yılmaz was jailed pending trial on 3 May 2023, World Press Freedom Day, as part of an investigation carried out by the Ankara Chief Public Prosecutor’s Office.

P24 monitored the hearing, where Yılmaz was brought in from the Sincan No. 2 F Type Closed Prison. After hearing Yılmaz’s defense statement, the court also heard two anonymous witnesses who had claimed that Yılmaz “had ties with the PKK.”

The prosecutor requested the continuation of Yılmaz's pre-trial detention citing "the nature of the impugned crime." In response to the prosecutor's request, Yılmaz demanded to be released.

Following Yılmaz, his lawyers addressed the court. Lawyer Resul Temur said that the statements by the witnesses should not be taken as a basis for the judgment.

Issuing its interim ruling after a recess, the court decided to release Yılmaz under an international travel ban and adjourned the trial until 29 February 2024.

For further information see this report.

"Bakur" co-directors Mavioğlu and Demirel sentenced for "propaganda" in their retrial

The seventh hearing in the retrial of journalist Ertuğrul Mavioğlu and filmmaker Çayan Demirel on the charge of “terrorism propaganda” over the documentary “Bakur” (North), which they co-directed, was held at the Batman 2nd High Criminal Court on 14 December 2023.

Demirel and his lawyer attended the hearing from Istanbul via the judicial video-conferencing network SEGBİS. At the previous hearing, the prosecutor had submitted their final opinion on the case and requested sentencing for Demirel and Mavioğlu.

The court heard the defense lawyers’ statements in response to the prosecutor’s final opinion. Rendering its judgment at the end of the hearing, the court sentenced Demirel and Mavioğlu to 2 years and 1 month in prison each on the charge of “terrorism propaganda.”

DEM Party MP Ayşegül Doğan’s trial halted due to legislative immunity

The sixth hearing in the trial of DEM Party MP Ayşegül Doğan on the charge of “membership in a terrorist organization” over her journalistic activities was held at the Diyarbakır 9th High Criminal Court on 11 December 2023.

Doğan did not attend the hearing, while her lawyers were present.

The defense repeated its request for the proceedings to be put on hold due to legislative immunity as Doğan was elected MP in the 14 May 2023 parliamentary election. The prosecutor requested the court to dismiss the request.

The court ruled to put the trial on hold due to legislative immunity and to lift the judicial control measures imposed on Doğan.

Access to Ekşi Sözlük website blocked again

Access to the http://eksisozluk1923.com domain name used by the online forum Ekşi Sözlük was blocked by a decision of the Ankara 6th Criminal Judgeship of Peace on 14 December 2023.

Ekşi Sözlük management announced that they had not been notified of the decision.

EngelliWeb reported that Ekşi Sözlük was being censored on grounds of “national security and the protection of the public order.” Following the access block, Ekşi Sözlük management has set up the domain name eksisozluk1999.com and redirected traffic to this website.

Ekşi Sözlük was previously blocked on 21 February 2023 after being targeted for featuring allegations of government negligence concerning the earthquakes of 6 February and had started using the domain name eksisozluk1923.com.

Trial of journalist Öznur Değer and 23 other defendants adjourned until March

The third hearing of a case in which JinNews reporter Öznur Değer and 23 other defendants are charged with “violating the Law no. 2911 on Meetings and Demonstrations” and “resisting to prevent fulfillment of duty” was held at the Ankara 18th Criminal Court of First Instance on 11 December 2023.

Değer and the 23 other defendants were detained during a demonstration held on 28 November 2021 by the Ankara Labor and Democracy Forces to protest the rising cost of living.

The trial was adjourned until 27 February 2024.

Journalist Elif Akgül charged with “terrorism propaganda” in new indictment

A criminal case has been filed against journalist Elif Akgül on the charge of “terrorism propaganda” with the Istanbul 13th High Criminal Court over her social media posts.

Twitter posts by Akgül from 2018 and 2022 are held as evidence against the journalist in the indictment, issued by the Istanbul Chief Public Prosecutor’s Office on 1 December 2023.

The Istanbul 13th High Criminal Court accepted the indictment on 7 December 2023 and set 2 April 2024 as the date for the first hearing.

Assaulted journalist Sinan Aygül charged with “insult”

A new case on the charge of “insult” has been filed against Bitlis Journalists Association President and Bitlis News Editor-in-Chief Sinan Aygül, who was assaulted by the two bodyguards of Tatvan Mayor Mehmet Emin Geylani in Tatvan, Bitlis on 17 June 2023. One of the bodyguards is a police officer and both are relatives of Mayor Geylani.

The indictment filed by the Tatvan Chief Public Prosecutor’s Office was accepted by the Tatvan 1st Criminal Court of First Instance. The court has decided that the trial will proceed using the “simple trial procedure” as per article 251 of the Criminal Procedure Code (CMK).

Journalist Diren Yurtsever gives statement over MA report

Mezopotamya News Agency (MA) Managing Editor Diren Yurtsever gave her statement over the agency’s report “Kobanê Davası’nda itirafçılar dinlenecek” (“State’s witnesses to be heard in Kobanê trial”) at the Istanbul Police Department.

Yurtsever’s statement was taken as part of an investigation launched by the Istanbul Chief Public Prosecutor’s Office on allegations of “terrorism propaganda” and “marking those assigned with the fight against terrorism as a target” upon a complaint filed by Sami Baran, who was heard as a witness in the Kobanê trial. The investigation concerns various news articles published between 2018-2019 in addition to that named above.

Yurtsever rejected the allegations and said that the news dispatched by the agency were newsworthy and were produced as part of journalism fulfilling the public’s right to information.

Court rules to continue the execution of Erdal Süsem’s sentence

The eighth hearing in the retrial of Eylül magazine editor Erdal Süsem, ordered by the Constitutional Court, which found a rights violation regarding the life sentence he had been given on the charge of “overthrowing the Constitutional order by force of arms” was held at the Istanbul 13th High Criminal Court on 15 December 2023.

Süsem, who is being held as a convict at the Edirne Type F Closed Prison, attended the hearing via the judicial videoconferencing system.

The prosecutor repeated their final opinion on the case they presented on 23 June 2023 and stated that as there was no alteration necessary to the sentencing, the sentence should be approved.

Speaking against the final opinion of the prosecutor, Süsem said the following: “Principles for a retrial state that the whole process should begin from the start, including the collection of evidence. This case was filed during the State Security Courts (DGM) period and the political conditions of the time, and the police interrogation techniques have played a role in it. It was not possible that the DGMs should hold just trials, because they were not independent or impartial. They were shut down because they were not rightful or lawful courts in a democratic society. The explanation for their closure explains it all. Afterwards, the Specially Authorized Courts took over the mission of the DGMs from where they left off.”

Süsem was arrested during an ID check in Kartal, Istanbul, on 21 March 2000 on the allegation that he was a member of the Workers and Peasants Salvation Army (TİKKO) and placed in pre-trial detention on 25 March 2022. On 26 December 2005, the Istanbul 12th High Criminal Court convicted Süsem to life imprisonment for “overthrowing the constitutional order by force of arms.” On 12 July 2016, the Supreme Court of Appeals overturned the ruling, pointing out errors of procedure based on merits and stating that the ruling could not be based on present evidence. The retrial then began.

On 13 June 2007, the 12th High Criminal Court reached the same verdict in opposition to the Co Supreme Court of Appeals’ ruling and released Süsem pending approval of the verdict. On 7 April 2008, the Supreme Court of Appeals overturned the verdict for Süsem on the grounds that the “verdict was not adequately justified.”

After another retrial the Istanbul 12th High Criminal Court repeated its former verdicts and sentenced Süsem to life imprisonment once more on 20 April 2020.

Süsem, who was placed in Tekirdağ Prison in 2006, began publishing the Eylül magazine with four friends on 1 April 2007. The magazine aims to publish the “artistic and literacy works by convicts.” On 1 February 2010, Süsem was arrested for “membership in a terrorist organization” over the articles published in Eylül and was imprisoned pending trial by the Istanbul 10th High Criminal Court on 5 February 2010. Journalist Süsem was initially placed in Metris Type T Closed Prison and later in Edirne Type F Prison and a confidentiality order was issued on his case.

The confidentiality order was lifted five months later, the indictment was delivered and the İstanbul 13th High Criminal Court was assigned to the case.

The Supreme Court of Appeals took up the previous case after Süsem’s imprisonment. The 9th Criminal Chamber of the Supreme Court of Appeals, which had overturned the verdict in the case twice before on merits this time approved the verdict with its decision on 24 February 2011. Following this ruling, Süsem’s lawyer Fazıl Ahmet Tamer took the case to the European Court of Human Rights (ECtHR) on 23 July 2011, on grounds that a fair trial had not been held.

On 6 September 2018, Turkey delivered a unilateral declaration to the ECtHR, in which it stated that it accepted articles 3 and 6 of the European Convention on Human Rights (ECHR) that guarantee the right to a fair trial had been violated and that EUR 500 had been offered to Süsem in compensation for rights violations. The declaration argued that domestic law could rectify the violations and a request was made for the ECtHR to drop the case from its list of cases to be considered. On 23 May 2019, the ECtHR decided to drop the case from the list.

Süsem’s lawyer requested a retrial from the Istanbul 12th High Criminal Court on 8 July 2019 and 16 July 2019 based on the ECtHR decision. In its decision on 16 January 2022, the court denied the request for a retrial on grounds that Süsem’s committing the impugned crime was established. The Istanbul 13th High Criminal Court then denied the objection that the promise made by the government to the ECtHR had not been upheld on 4 March 2020. Upon this, the case was taken to the Constitutional Court on 3 June 2020.

In its unanimous judgment on 13 September 2022, the Constitutional Court ruled that the right to a fair trial ensured by article 26 of the constitution of Eylül magazine editor Erdal Süsem, who has been imprisoned since March 2011 for the offense of “overthrowing the constitutional order by force of arms” had been violated.

The Constitutional Court ruled to return the case that resulted in life imprisonment for Süsem to the Istanbul 12th High Criminal Court for a retrial and for Süsem to be paid TL 20,000 in compensation.

Two cases against journalist Pınar Gayıp merged

The third hearing in the trial of Etkin News Agency (ETHA) editor Pınar Gayıp on the charge of “membership in a terrorist organization” was held at the Eskişehir 2nd High Criminal Court on 14 December 2023. Gayıp is on trial for receiving information through Telegram for reporting on demonstrations and other activities in Eskişehir.

The court ruled to merge the file with the ongoing case against Gayıp overseen by the Istanbul 26th High Criminal Court.

Trial of mayor’s bodyguards who assaulted journalist Sinan Aygül adjourned until January

The second hearing in the trial of the two bodyguards of Tatvan Mayor Mehmet Emin Geylani on the charges of “insult” and “armed threat” for assaulting journalist Sinan Aygül was held at the Tatvan 2nd Criminal Court of First Instance on 14 December 2023.

The trial was adjourned until 25 January 2024.

The defendants had been placed in pre-trial detention on 18 June 2023 and released at the first hearing held on 14 September 2023.

Journalist Sibel Hürtaş given judicial fine

The sixth hearing in the trial of journalist Sibel Hürtaş on the charge of “resisting to prevent fulfillment of duty,” which was filed after she was assaulted and detained while covering protests against the multiple bar association system outside the Parliament in 2020, was held at the Ankara 37th Criminal Court of First Instance on 13 September 2023.

Hürtaş and her lawyers attended the hearing.

Rendering its judgment at the end of the hearing, the court sentenced Hürtaş to 8 months and 10 days in prison for “resisting to prevent fulfillment of duty.” The court commuted the sentence to a judicial fine of TL 10,000.

Four separate lawsuits against journalist Furkan Karabay heard in one week

Four separate lawsuits filed against journalist Furkan Karabay over news articles  published on the news portal Gerçek Gündem were heard by courts this week. The lawsuits were filed by Antalya Deputy Chief Public Prosecutor Yakup Ali Kahveci, President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal and Constitutional Court Judge İrfan Fidan.

The third hearing of the TL 150,000 lawsuit against Karabay, filed by Antalya Deputy Chief Public Prosecutor Kahveci, was held at the Istanbul 12th Civil Court on 13 December 2023. The court ruled to await the finalization of the sentence given to Karabay in the criminal case filed upon Kahveci’s complaint and adjourned the lawsuit until 24 April 2024.

The first hearing of a lawsuit filed by President Erdoğan’s former lawyer İnal against Karabay and Gerçek Gündem website over a news article was held at the Istanbul 21st Civil Court on 14 December 2023. The court ordered the Gerçek Gündem website to present information on its content provider and adjourned the case until 7 March 2024.

The third hearing in the TL 100,000 lawsuit filed by İnal against Karabay over a report titled “Yargıda 'Antalya' operasyonu” was held at the Istanbul 33rd Civil Court on 14 December 2023. The court ruled to await the outcome of the case against Karabay overseen by the Istanbul 2nd Criminal Court of First Instance and adjourned the lawsuit until 13 June 2024.

The first hearing in the TL 100,000 lawsuit filed by Constitutional Court Judge İrfan Fidan against Karabay over a news article was held at the Istanbul 3rd Civil Court on 14 December 2023. P24 monitored the hearing. Karabay’s lawyer Enes Hikmet Ermaner requested that the court rule for non-jurisdiction because the permanent addresses of the plaintiff and Karabay were not within the jurisdiction of the court. The judge ruled that as Karabay resides in Üsküdar, the competent court was the Üsküdar Anadolu Civil Court of First Instance and rejected the case on procedural basis.

Lawsuit against Hazal Ocak adjourned until June

The ninth hearing in a TL 200,000 lawsuit filed against former Cumhuriyet reporter Hazal Ocak by the former Treasury and Finance Minister Berat Albayrak was held at the Istanbul 33rd Civil Court on 14 December 2023.

Ocak did not attend the hearing, while lawyers for the parties attended through the e-hearing system.

The court ruled to await the finalization of the acquittal judgment issued for Ocak in the criminal case over the same report and adjourned the case until 13 June 2024.

Journalist Metin Cihan’s trial adjourned until March

The sixth hearing in the trial of journalist Metin Cihan on the charge of “insulting a public official” was held at the Istanbul 36th Criminal Court of First Instance on 12 December 2023. The case had been launched upon a complaint by President Recep Tayyip Erdoğan’s son-in-law Berat Albayrak.

No parties attended the hearing. The trial was adjourned until 5 March 2024.

Journalist Fırat Bulut's trial on “disinformation” charge adjourned until February

The second hearing in the trial of journalist Fırat Bulut on the charge of “disseminating misleading information” over his social media posts was held at the Elbistan 2nd Criminal Court of First Instance on 12 December 2023. The accusation stems from Bulut’s social media posts concerning the 6 February 2023 earthquakes in Kahramanmaraş.

No parties attended the hearing. The case was adjourned until 6 February 2024.

At least 36 journalists and media workers in prison

Following journalist Sedat Yılmaz’s release pending trial on 14 December 2023, there are at least 36 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence, as of 15 December 2023.

The full list can be accessed here.