Sıddık Güler sent to prison; five journalists acquitted in three trials; Celalettin Can released from prison; Evrensel newspaper ordered to pay non-pecuniary damages

Journalist Sıddık Güler sent to prison

Mehmet Sıddık Güler, the chief editor of the news portal Serhat News, was sent to prison in the eastern province of Van this week after the Supreme Court of Appeals upheld his sentence of 2 years, 4 months and 3 days in prison handed down in 2018 on the charge of “spreading propaganda for a terrorist organization.”

Güler, who should have been sent to an open prison, is still being held in Van T-Type Prison as of 22 December, Güler's lawyer Murat Timur said.

Lawyer Timur, who spoke to P24 about Güler's imprisonment and trial process, said that Güler was sentenced by the Van 4th High Criminal Court on 24 January 2018 to 2 years and 4 months in prison. The accusation against Güler was based on the content of several Facebook posts that he shared between 2014 and 2016 and included links to news items.

After the Van 4th High Criminal Court’s judgment was upheld in 2019, Güler was detained in the Van T-Type Prison for about seven months and then transferred to the Van Open Prison. Meanwhile, his lawyer requested a stay of execution on the grounds of amendments in relevant legislation and an appeal review of the file by the Supreme Court of Appeals. When the request was deemed appropriate, the execution was halted, and the file was sent to the 3rd Criminal Chamber of the Supreme Court of Appeals.

The Supreme Court of Appeals, which examined the case, ruled that the conviction of Güler by the Van 4th High Criminal Court should be upheld.

Timur said that Güler was expected to be transferred to an open prison soon.

For details, see this report.

Journalist Hasan Sivri acquitted of “spreading misleading information”

Journalist Hasan Sivri appeared before the Ankara 33rd Criminal Court of First Instance on 21 December 2023 for the first hearing of his trial on the charge of “disseminating misleading information.” The accusation stems from social media posts by Sivri in which he had shared footage he recorded in Antakya in the aftermath of the earthquakes of 6 February 2023.

Sivri and his lawyer Halil İbrahim Özgün were present at the hearing.

Presenting their final opinion following the defense statements, the prosecutor requested acquittal for Sivri. The court acquitted Sivri on the grounds that elements of the alleged offense were not present.

Journalist Suat Toktaş acquitted of “insult”

The seventh hearing in the trial of Halk TV’s former Editor-in-Chief Suat Toktaş on the charge of “insulting a public official” was held at the Ankara 19th Criminal Court of First Instance on 21 December 2023. The case against Toktaş was filed over his reporting on former Council of Judges and Prosecutors (HSK) member Hamit Kocabey, who allegedly resigned upon instructions from Nationalist Movement Party (MHP) Chairperson Devlet Bahçeli, and his son lawyer Nizameddin Kocabey.

While Toktaş did not attend the hearing, his lawyer Buse Dağdeveren was present.

The prosecutor repeated their final opinion on the case presented at the previous hearing and requested acquittal for Toktaş.

Rendering its judgment at the end of the hearing, the court acquitted Toktaş on the grounds that the material elements of the impugned crime were not present.

Journalists Ozan Kaplanoğlu, Hatice Nur Derya and Burhan Gökay Küpeli acquitted

The eighth hearing in the trial of Bursa Muhalif newspaper Managing Editor Ozan Kaplanoğlu, editor Hatice Nur Derya and camera operator Burhan Gökay Küpeli on the charge of “violating the Law no. 2911 on Meetings and Demonstrations” was held at the Bursa 8th Criminal Court of First Instance on 22 December 2023.

Kaplanoğlu, Derya and their lawyers were present at the hearing, while Küpeli and his lawyer presented an excuse not to attend.

In their final opinion on the case, the prosecutor requested the acquittal of all defendants on the grounds that the elements of the impugned crime were not present and for lack of evidence.

Ruling in line with the prosecutor’s final opinion, the court acquitted all defendants.

Celalettin Can released from prison

Celalettin Can, a writer and the spokesperson of the “78'liler Girişimi” (78’ers initiative), was released from the Marmara (former Silivri) Prison in Istanbul on 19 December 2023.

Can was sent to prison on 31 August 2023 after a 1-year-and-3-month prison sentence he had been given in April 2019 on the charge of “terrorism propaganda” was upheld. The accusation stemmed from Can’s participation in the “Editor-in-Chief on Duty” solidarity campaign organized in 2016 for the now-defunct newspaper Özgür Gündem. The newspaper was closed under a statutory decree.

Evrensel newspaper ordered to pay TL 20,000 in non-pecuniary damages

The Osmaniye 2nd Civil Court ordered that Evrensel newspaper pay TL 20,000 in a case filed by a chief public prosecutor against the newspaper. The lawsuit was filed after Evrensel reported on the prosecutor threatening a doctor who told him he could not examine him. Concluding the case on 16 December 2023, the court ruled that Evrensel’s report, published on 12 April 2021, had “harmed the personality rights” of the prosecutor.

The prosecutor had reportedly threatened and ordered the detention of orthopedic specialist Dr. Kemal Gökhan Günel, while he was examining another patient at the Osmaniye State Hospital. The Osmaniye Chief Public Prosecutor’s Office had launched an investigation against the doctor on suspicion of “insult,” while the then Minister of Justice Abdülhamit Gül had permitted the Council of Judges and Prosecutors (HSK) to investigate prosecutor M.B.

The prosecutor had sued Evrensel for non-pecuniary damages worth TL 30,000, claiming that his rights had been violated because his photograph was used in the report, the story was untrue and illegal and that it had violated the principle of truth.

Lawsuit launched against T24’s Mehmet Y. Yılmaz and Doğan Akın upon complaint by Berat Albayrak

President Recep Tayyip Erdoğan’s son-in-law and former Minister Berat Albayrak filed a lawsuit worth TL 150,000 against T24 columnist Mehmet Y. Yılmaz and Editor-in-Chief Doğan Akın, claiming that his “rights had been violated” in Yılmaz’s article “Berat Bey’in Arkadaşları kazandı, biz kaybettik” (Mr. Albayrak’s friends win, we lose), published on 28 March 2023.

Upon a complaint by Albayrak, access to Yılmaz’s article was blocked by a decision of the Anadolu 2nd Criminal Judgship of Peace on 31 March 2023.

Decision not to prosecute journalist Tuncay Özdamar

The Istanbul Chief Public Prosecutor’s Office has dropped the charges in the investigation against WDR Cosmo Turkish manager Tuncay Özdamar, who was detained on suspicion of “marking those assigned with the fight against terrorism as a target” at passport check at Ankara Esenboğa Airport on 30 September 2023 when on a trip to visit his family. Before being eventually released, Özdamar was taken to the Ankara Courthouse to give his statement to a prosecutor after being held in custody for 14 hours. He returned to Germany on 6 October.

The police mistakenly merged the names of journalists Murat Sabuncu and Bağış Erten in a 2018 tweet in German by Özdamar and arrived at “Murat Erten,” upon which the public prosecutor’s office launched an investigation against Özdamar for “marking judge Murat Erten as a target.”

Journalist Abdullah Kaya’s trial adjourned until 28 December

The 25th hearing in the trial of now-defunct Dicle News Agency (DİHA) reporter Abdullah Kaya on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Ağrı 2nd High Criminal Court on 19 December 2023. DİHA had been shut down by statutory decree.

While Kaya attended the hearing, his lawyer submitted an excuse not to attend. The prosecutor repeated their final opinion on the case and requested sentencing for Kaya.

The court adjourned the case until 28 December 2023 to await the outcome of Kaya’s file reviewed by the Supreme Court of Appeals, and to grant time to the defense to prepare their statement against the prosecutor’s final opinion.

“KCK Academy” case adjourned until March

The 21st hearing in the “KCK Academy” trial, in which 16 people, including Demokratik Modernite magazine editor Haydar Ergül, are charged with “membership in a terrorist organization” was held at the Istanbul 22nd High Criminal Court on 19 December 2023.

P24 monitored the hearing. Defendants Münevver İlingi and Şeyma Kantarcı, as well as defense lawyers were present at the hearing, which Ergül did not attend.

Münevver İlingi’s lawyer Ferhat Boğatekin said that the directorate of security had notified the court about the risk of flight presented by his client, who is banned from traveling abroad. Boğatekin said that the directorate of security was trying to influence the court. Other defense lawyers requested that the court lift the travel ban imposed on their clients.

The court ruled to maintain the ban on defendants traveling abroad and adjourned the trial until 14 March 2024.

Trial of Rüstem Batum adjourned

The 21st hearing in the trial of journalist Rüstem Batum on the charge of “denigrating the institutions of the state” was held at the Istanbul 43rd Criminal Court of First Instance on 19 December 2023.

Batum, who resides abroad, did not attend the hearing, while his lawyer was present. Batum’s lawyer requested the court to await the response to the letter rogatory dispatched to obtain a defense statement from his client.

The court ruled to await the execution of the arrest warrant for Batum and the response to the letter rogatory. The trial was adjourned until 7 May 2024.

Batum’s statements on the TV show “Ayşegül Doğan ile Gündem Müzakere,” broadcast on 10 September 2015 on İMC TV, are held as evidence against Batum.

Directorate of security to be consulted in musician Ferhat Tunç’s case

The 12th hearing in the trial of musician Ferhat Tunç on the charge of “insult” over allegedly insulting then Prime Minister Binali Yıldırım was held at the Büyükçekmece 16th Criminal Court of First Instance on 20 December 2023.

Tunç did not attend the hearing, while his lawyer Huri Çelenk was present.

Stating that their client was abroad, the lawyer requested that Tunç’s statement taken during the investigation should be considered valid and requested his acquittal.

The court ruled to wait for the execution of the arrest warrant for Tunç and to inquire of the directorate of security in writing about Tunç’s entry and exit from Turkey.

Case against journalist Zilan Azad adjourned until March

The third hearing in the trial of journalist Zilan Azad, who was assaulted and detained while reporting, along with 99 other defendants, for “violating the Law no. 2911 on Meetings and Demonstrations” was held at the Anadolu 17th Criminal Court of First Instance on 20 December 2023.

The trial was adjourned until 20 March 2024.

Judicial control measures on ETHA editor Nadiye Gürbüz lifted

The first hearing in the trial of Etkin News Agency (ETHA) editor Nadiye Gürbüz on the charge of “membership in a terrorist organization” was held at the Istanbul 25th High Criminal Court on 19th December 2023.

Gürbüz was detained on 30 April 2023, imprisoned pending trial on 3 May and released on 12 October 2023.

In her defense statement, Gürbüz said that she worked for Etkin News Agency and the Atılım newspaper. Stating that she had worked for many newspapers, news agencies and radio stations as a socialist journalist since 1997, Gürbüz objected to her employment at ETHA and Atılım being presented as evidence for “membership in a terrorist organization” in the indictment. Gürbüz requested the lifting of the judicial control measure of having to sign her name once a week and the ban on her traveling abroad and requested her acquittal.

The court lifted the judicial control measure requiring Gürbüz to sign her name and adjourned the trial until 27 February 2024.

At least 37 journalists and media workers in prison

Following the imprisonment of journalist Sıddık Güler on 18 December, as of 22 December 2023, there are at least 37 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here.