Constitutional Court rules to annul article allowing for access block decisions; three journalists acquitted in four cases; Furkan Karabay released; Seyhan Avşar imposed international travel ban

Constitutional Court annuls provision on access block decisions

The Constitutional Court has annulled an article of the Law No. 5651 on Regulating Internet Publications and Combating Crimes Committed by Means of Such Publications (the “Internet Law”) as well as a number of amendments introduced to the law, in a recent judgment published in the Official Gazette on 10 January 2024.

The top court merged two separate applications lodged in 2020 and 2022, by main opposition Republican People’s Party (CHP) lawmakers and a criminal judgeship of peace, based on legal connection.

The top court annulled Article 9 of the Internet Law, which regulated the issuing of decisions for removal of content or blocking of access, on the grounds that the provision was unconstitutional.

In its judgment, the Constitutional Court found that an amendment enabling “removal of content” in addition to “blocking of access” in Article 8(4) and another amendment to Article 8(11) which added the terms “relevant content, hosting or internet service provider” to be unconstitutional and ruled for their annulment.

The top court held that the provisions in question restricted freedom of expression by enabling removal of content and/or blocking of access, and freedom of the press, considering that such a publication may also be within the scope of online journalism. Recalling its case-law regarding interventions as per Article 9 of the Internet Law, the Constitutional Court held that the indefinite blocking of access to a certain content by means of the rules in question constituted a serious interference with the freedom of expression and freedom of the press.

The Constitutional Court stated that the scope and limits of Article 9 were not clearly identified. The court held that this allowed judicial authorities broad discretion and that it had observed that it was difficult to obtain results through objections to blocking of access and/or content removal decisions.

The Constitutional Court ruled that the judgment would enter into force nine months after its publication in the Official Gazette.

Constitutional Court finds rights violations in access blocking decisions for Ekşi Sözlük, Haber Erciş and Podcast Kurdî

The Constitutional Court has ruled for rights violations in applications filed by Ekşi Sözlük, Podcast Kurdî and haberercis.com.

Ekşi Sözlük was shut down on 25 February 2023 on the grounds of “protecting national security and public order” over comments which were critical of the government’s negligence concerning the earthquakes.

Upon Ekşi Sözlük’s objection, the access block decision had been lifted by a court, but upon an objection to the decision to lift the measure, access to the site was blocked once more.

The site management then moved the site to other domain names. Of these domain names, access to “eksisozluk2023.com” was blocked on 13 May 2023, to “eksisozluk42.com” on 15 May, to “eksisozluk1923.com” on 14 December and to “eksisozluk1999.com” on 24 December 2023.

Ekşi Sözlük management stated that the access block decisions were unlawful and applied to the Constitutional Court.

According to a statement by Ekşi Sözlük, the Constitutional Court has ruled that the access block decision violated the right to freedom of expression guaranteed by Article 26 of the constitution.

The Constitutional Court has meanwhile announced its ruling on a total of 62 applications concerning access block decisions, including those by Podcast Kurdî and haberercis.com, and ruled that the access block decisions violated the right to freedom of expression.

In its 23 November 2023 ruling, the court stated that the unjustified decisions to block access violated the right to freedom of expression and that access block to news item and content constituted an intervention on the freedom of expression in terms of the freedom to give and receive information.

In the “Application by Ahmet Alphan Sabancı and others” ruling it announced on 11 January 2024, the Constitutional Court collectively decided on applications concerning several access block decisions.

The ruling states that access block decisions issued as per Article 8/A of the Law 5651 did not meet the condition of legal predictability.

Access to the Erciş Haber website, which reports on societal events mainly in Van and throughout Turkey, was blocked on 9 April 2019 and the objection to this decision was subsequently rejected by the Erciş Criminal Court of Peace. An application with the Constitutional Court was then filed on 1 July 2019 on the grounds that the access block decision violated the right to access information.

Another application filed on behalf of Rabia Çetin, who presents the news program “İro çi bu” (“What happened today”) on the Podcast Kurdî (podcastkurdi.com) website, which broadcasts in Kurdish, concerned the access block to a tweet about a broadcast on Podcast Kurdî.

In its ruling for the violation of rights, the Constitutional Court stated that the freedom of expression guaranteed under Article 26 of the Constitution had been violated.

Mustafa Büyüksipahi and Birol Güger acquitted

The third hearing in the trial of Cumhuriyet newspaper's Responsible Editor Birol Güger and former Editor-in-Chief Mustafa Büyüksipahi on the charge of “insulting a public official” was held at the Istanbul 2nd Criminal Court of First Instance on 9 January 2024. The case was filed upon a complaint by former Minister of Industry and Technology Mustafa Varank.

P24 monitored the hearing, where Büyüksipahi, Güger and lawyers for the parties were present.

The court ruled to acquit Büyüksipahi and Güger separately on the grounds that the act was not defined as a crime in the law.

For details, see our report.

Yeni Yaşam newspaper contributor Ahmet Güneş acquitted of “propaganda”

The second hearing in the trial of Yeni Yaşam newspaper contributor Ahmet Güneş on the charge of “terrorism propaganda” over his social media posts was held at the İstanbul 25th High Criminal Court on 11 January 2024.

P24 monitored the hearing, where Güneş and his lawyer Meltem Özel were present.

The court ruled to acquit Güneş as the act subject to the accusation was not defined as a crime in the law.

A request to investigate and prosecute Güneş on suspicion of “publicly denigrating the State's military and security forces” over the same social media posts had been filed with the Directorate General for Criminal Affairs of the Ministry of Justice, which had refused to grant permission for an investigation. The court also dismissed this charge on the grounds that the conditions for prosecuting Güneş did not exist.

For details, see our report.

Journalist Gökmen Karadağ acquitted of TMK 6/1 charge

Journalist Gökmen Karadağ, who stood trial upon a complaint filed by former Istanbul Chief Public Prosecutor and current Constitutional Court Judge İrfan Fidan, was acquitted of “marking those assigned with the fight against terrorism as target” at the end of the hearing held at the Istanbul 13th High Criminal Court on 12 January 2024.

The indictment issued by the Istanbul Chief Public Prosecutor’s Office cited Karadağ’s remarks during an episode of "Açıkça," a political discussion show Karadağ hosted on Tele 1 TV, as the evidence for the charge.

Journalist Furkan Karabay released

Gerçek Gündem news portal editor Furkan Karabay, who was jailed pending trial on 29 December 2023, was released from prison on 8 January 2024 after the court which examined the objection to Karabay's imprisonment ruled for his release.

Karabay had been imprisoned pending trial on the charge of “marking those assigned with the fight against terrorism as target” over his reporting based on open access court minutes and placed in the Marmara (formerly Silivri) Prison in Istanbul. Karabay was detained at the police station where he went to be served with a notice on 28 December 2023 and was transferred to a criminal judgeship of peace with a request for imprisonment after the prosecutor’s interrogation on 29 December.

Journalist Maşallah Dekak verbally assaulted during news coverage

Rûdaw Diyarbakır Representative Maşallah Dekak was verbally assaulted during news coverage at the Great Mosque of Diyarbakır on 12 January 2024.

The aggressor was taken into custody.

Compensation case by Demirören Holding against BirGün daily

Demirören Holding has filed a lawsuit against BirGün daily for non-pecuniary damages worth TL 100,000 over an article by the daily’s Audience Representative Faruk Bildirici. The holding’s lawyers also requested the said content to be removed and access to the content to be blocked.

In his article, Bildirici remarked on Demirören Holding not paying the significant amount of the credit debt it owed to Ziraat Bank, which is a public bank.

Journalist Seyhan Avşar placed under judicial control and banned from traveling abroad

Halktv.com.tr reporter Seyhan Avşar, who has been under investigation for her reporting on Deputy Minister of Justice Akın Gürlek gave her statement at the Istanbul Courthouse on 8 January 2024.

Avşar gave a statement to the Press Crimes Office, after which she was transferred to a criminal judgship of peace with a request for her to be placed under judicial control measures and a ban on traveling abroad. The magistrate placed Avşar under judicial control measures and a ban on traveling abroad.

The prosecutor’s office claimed that Avşar had committed the crimes of “insulting a public official,”  “defamation” and “spreading misleading information.”

In her report published on halktv.com.tr, Avşar had reported on how Çetinkaya, who was the subject of a red notice and of a finalized 24-year imprisonment sentence for the crime of drugs trafficking had wanted to contact then Deputy Minister of Justice in charge of prisons Çetinkaya and Gürlek had been notified by the narcotics department, which had been monitoring developments.

Meanwhile, the second hearing in the action for non-pecuniary damages worth TL 250,000 against Avşar for her reporting on the partnership between casino owner Halil Falyalı, who was murdered in Cyprus, and Deputy Foreign Minister Yasin Ekrem Serim was held at the Ankara 16th Civil Court of First Instance on 8 January 2024.

Avşar did not attend the hearing, while her lawyer Buse Dağdeviren was present.

Following statements, the court ruled to dismiss the case.

MA reporter Ferhat Sezgin faces police intervention while reporting

On 11 January 2024 many convicts’ relatives, who have started a Justice Watch campaign demanding the physical freedom of PKK leader Abdullah Öcalan, intended to read out a press statement near the Metris Type T Closed Prison in Esenler, İstanbul.

Convicts’ relatives were encircled by the police in Karadeniz Neighborhood, as they approached the prison. Demonstrators who objected to the police’s attempt at obstructing their protest were detained. Mezopotamya Agency (MA) reporter Ferhat Sezgin, who was trying to capture images of the detentions, was assaulted and pushed to the ground by the police.

Two separate investigations against journalist İsmail Arı

Two separate investigations have been launched against journalist İsmail Arı on suspicion of “insulting a public official” over his social media posts upon a complaint filed by the Commander General of the Gendarmerie Arif Çetin.

Journalist Arı gave a statement on 12 January 2024 and later wrote the following on his social media account: “The ‘open source research report’ that has been added to my file was prepared by the gendarmerie and there was no prosecutor’s order requiring one. If Çetin has had the gendarmerie, which he commands, prepare such a report on me without a prosecutor’s order, he has clearly abused his duty and should be put on trial.”

Journalist Zeynep Kuray under investigation for covering Akbelen protests

An investigation has been launched against journalist Zeynep Kuray, who has been reporting on the protests that began at Akbelen Forest in the Milas district of Muğla upon the company YK Enerji moving to cut trees, over her social media posts regarding gendarmerie violence.

Kuray gave her statement as part of the investigation on 8 January 2024.

Trial of journalists Sibel Yükler, Deniz Nazlım and Yıldız Tar on “2911” begins

The first hearing in the trial of journalists Sibel Yükler, Deniz Nazlım and Yıldız Tar on the charge of “violating the Law no. 2911 on Meetings and Demonstrations” was held at the Ankara 71st Criminal Court of First Instance on 9 January 2024.

P24 monitored the hearing, where journalists Yükler, Nazlım and Tar, as well as their lawyers Gulan Çağın Kaleli, Veysel Ok and Muhammet Musa Ünsal were present.

The court ruled to conduct further investigation and adjourned the case until 25 April 2024.

For details, see our report.

Decision to bring in complainant police officer by force in journalist Emre Orman’s trial

The first hearing in the trial of journalist Emre Orman, who was assaulted and detained at the Madımak Massacre victims’ commemoration event held in Sancaktepe, İstanbul on 2 July 2023, on the charge of “resisting to prevent fulfillment of duty by police officers” was held at the Anadolu 20th Criminal Court of First Instance on 9 January 2024.

In his defense statement, Orman said, “I reject the impugned crime. I was the one who was assaulted and tortured.”

The panel of judges ruled to send the case file to a court expert for the examination of the camera footage that Orman’s lawyer Fatih Aydın submitted to the court, and bring in the complainant police officer by force.

The court adjourned the trial until 21 May 2024.

Turkish Medical Association President Şebnem Korur Fincancı’s “insult” trial adjourned until May 2024

The second hearing in the trial of Turkish Medical Association (TTB) Central Council President Prof. Dr. Şebnem Korur Fincancı on the charge of “insult” over the complaint filed by the Ministry of National Defense over her statements concerning claims that the Turkish Armed Forces had used chemical weapons was held at the Ankara 2nd Criminal Court of First Instance on 11 January 2024.

Fincancı and her lawyers were present at the hearing.

Fincancı’s lawyers requested the case to be dismissed. The court rejected the request for dismissal.

The trial was adjourned until 7 May 2024.

“2911” trial against six journalists begins

The first hearing in the trial of journalists Serpil Ünal, Yadigar Aygün, Pınar Gayıp, Eylem Nazlıer, Zeynep Kuray and Esra Soybir, on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at Istanbul's Anadolu 22nd Criminal Court of First Instance on 10 January 2024. The journalists had gathered in Kadıköy, Istanbul, on 29 April 2023 to protest police operations against members of the press in Diyarbakır and were assaulted and detained.

All journalists except Esra Soybir were present at the hearing.

Delivering her defense statement following identification, Etkin News Agency (ETHA) editor Pınar Gayıp said that the police commander she had talked to before the demonstration had told her that no ban had been issued. Gayıp pointed out that they learned of the ban at the square and said they were stopped on the pretext of “blocking the road.”

Journalist Zeynep Kuray said, “The police allowed us to gather so that they could detain us.” Kuray said that professional solidarity is not a crime and added, “I was going to start the demonstration. Then Pınar [Gayıp] told me about the ‘ban.’ Just then the police encircled us. I was there to stand up for my colleagues.”

Gazete Patika reporter Yadigar Aygün said that the police had handcuffed him behind his back despite him stating that he suffered from heart disease. Aygün said, “The AKP targeted the Kurdish press before the election and carried out operations against the Kurdish press for this reason. The detentions were arbitrary.”

Mücadele Birliği newspaper reporter Serpil Ünal said “We were detained under severe torture. I fell on the ground as they tried to pull me up. When my friends tried to intercede, they attacked them. We demonstrated for the release of Kurdish journalists. That is because they were detained for reporting.”

Evrensel newspaper reporter Eylem Nazlıer said that it was no coincidence their hearing had been set for 10 January Working Journalists’ Day. Nazlıer remarked that at the prevented demonstration, they were to state “the reason why our colleagues have been detained is their professional activities and journalism cannot be put on trial.”

Lawyers for the defense requested that camera footage of the detentions and the decision to “ban” the demonstration by the Kadıköy District Governor’s Office to be added to the case file. The court accepted the request and adjourned the trial until 16 April 2024.

Case file sent to prosecutor’s office for opinion in trial of journalist Yağmur Kaya

The sixth hearing in the trial of journalist Yağmur Kaya on the charge of “marking those assigned with the fight against terrorism as target” was held at the Aydın 2nd High Criminal Court on 9 January 2024.

Kaya did not attend the hearing, while her lawyer Emine Özhasar was present.

At the previous hearings in the trial of Kaya, which was filed upon a complaint by then Deputy Commander of the Gendarmerie General Musa Çitil over the interview titled "Eren Keskin: Hâkim ve savcılar devlet görevlisini tecavüz suçundan tutuklamaya korkuyor," (“Eren Keskin: Judges and prosecutors afraid to arrest state officials on rape charges”) the court had ruled to hear Human Rights Association President Eren Keskin as witness.

At the sixth hearing, the court decided that a statement could not be obtained from Eren Keskin and that it would have no effect on the basis of the case on its own. The court ruled to dismiss Keskin as a witness on the grounds that the trial had stalled.

The court further ruled to convey the case file to the Aydın Chief Prosecutor’s Office for the final opinion to be filed and set the date for the next hearing as 27 February 2024.

Case file conveyed to the prosecutor’s office in the Hrant Dink trial with 15 defendants

The second hearing in the trial of 15 defendants upon the Supreme Court of Appeals overturning the sentencing for public officials in the murder case of Agos newspaper Editor-in-Chief Hrant Dink was held at the İstanbul 14th High Criminal Court on 10 January 2024.

Lawyers for the Dink family, as well as defendants’ lawyers were present at the hearing.

The Dink family’s lawyers presented a request petition to the court, stating that the murder would not be brought fully to light without revealing the process leading to it and requested the court to explore who from the General Staff had telephoned National Intelligence Agency (MİT) Undersecretary Şenkal Atasungun and why they asked him to meet Hrant Dink.

The lawyers also requested that documents and information pertaining to the meeting with Hrant Dink, which took place in the Governor’s Office of Istanbul on 24 February 2004, to be conveyed to the court.

The imprisoned defendants stated they were innocent and requested their release.

Announcing its interim decision, the court ruled to keep the seven imprisoned defendants in detention. The court rejected all requests by the lawyers of the Dink family, ruled to send the case file to the prosecutor’s office for the final opinion on the case to be drafted and adjourned the trial until 27 March 2024.

The defendants have been charged with “administrating a terrorist organization,” “dropping explosive materials,” “causing property damage,” “incitement to causing injury and premeditated murder,” “abetting premeditated murder” and “membership in a terrorist organization.”

Journalist Ercan Aktaş’s trial adjourned until May

The trial of journalist and writer Ercan Aktaş on charges of “dissuading the people from military service” and “terrorism propaganda” over his social media posts resumed at the Bakırköy 2nd High Criminal Court on 10 January 2024.

The court ruled to await the response to the letter written to receive the statement of Aktaş, who lives in France, and adjourned the trial until 8 May 2024.

Trial of journalist Akif Beki upon compliant by Islamic preacher gets underway

The first hearing in the trial of Karar newspaper contributor Akif Beki on the charge of “insult” upon a complaint filed by Islamic preacher Ahmet Mahmut Ünlü, also known as “Cübbeli Ahmet Hoca” was held at the Anadolu 26th Criminal Court of First Instance on 10 January 2024.

At the hearing, which Akif Beki did not attend, his lawyer Sema Gedikli said that her client could not attend due to being live on air and requested additional time.

The court accepted the request and adjourned the trial until 21 May 2024.

Prosecutor requests sentencing for İsminaz Temel and Havva Cuştan on “terrorism” charges

The 25th hearing in the trial of 23 people, including Etkin News Agency (ETHA) editor İsminaz Temel, former ETHA reporter Havva Cuştan and lawyers from 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 11 January 2024.

Defendants Gülhan Kaya and Ali Haydar Doğan, as well as defense lawyers were present at the hearing, which P24 monitored.

State’s evidence witness Berfin Ayırkan, who testified at the hearing via the judicial videoconferencing system said that she knew Sezin Uçar, Özlem Gümüştaş and Gülhan Kaya as lawyers at the Law Office of the Oppressed and Havva Cuştan because she worked at ETHA. The witness claimed “EHB and ETHA are running terrorist activities.”

Defendants’ lawyers stated that their clients had been on trial for the past seven years and requested the lifting of judicial control measures.

Asked for their final opinion on the case, the prosecutor requested sentencing for Temel for “membership in a terrorist organization” and sentencing for Cuştan for “membership in a terrorist organization” and “terrorism propaganda.” The prosecutor requested the separation of the case file of two defendants against whom have been issued arrest warrant and requested sentencing for the remaining 19 defendants for the impugned crimes.

The court allowed defendants and their lawyers time to set up a statement against the final opinion and adjourned the trial until 4 April 2024.

“FETÖ media structure case” retrial adjourned until April 2024

The 10th hearing in the retrial of journalists Ahmet Memiş, Ali Akkuş, Cemal Azmi Kalyoncu, Gökçe Fırat Çulhaoğlu, Ünal Tanık, Yakup Çetin and Yetkin Yıldız, whose sentencing in the case known to the public as the “FETÖ media structure case” was overturned by the Supreme Court of Appeals, was held at the İstanbul 25th High Criminal Court on 11 January 2024.

The seven defendant journalists and their lawyers were present at the trial, which P24 monitored.

Muhammed Sivri, who testified as a witness at the hearing, had reported Ünal Tanık to the police, after seeing him having tea in Eyüp, İstanbul. Witness Sivri said that he had no knowledge of whether Tanık was a member of an organization and added, “I reported him to the police because the president said we should help the state about people we knew to be involved and because the defendant had worked at Samanyolu TV.”

Another witness, Ali Özsoy, said he knew none of the defendants and did not have any knowledge or experience of their connection with the organization. Witness Özsoy said, “I had been drinking. My spouse’s family worked for the Zaman newspaper. I reported them to hurt [my spouse’ family].”

The court 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 25 April 2024.

Özgür Gündem case adjourned until September

The 30th hearing in the trial of now-defunct Özgür Gündem newspaper’s managers Reyhan Çapan and Hüseyin Aykol and contributors Hasan Başak and Kemal Yakut on charges of “terrorism propaganda” and “praising an offense or an offender” over reporting on autonomy that appeared in the newspaper in March 2016 was held at the İstanbul 13th High Penal Court on 11 January 2024.

Aykol and Çapan’s attorney Özcan Kılıç was present at the hearing, which P24 monitored.

Lawyer Kılıç requested the case to be merged with the case for which Çapan is standing trial at the İstanbul 14th High Criminal Court. The prosecutor for the hearing requested for the merger of the two cases which are legally and factually connected.

The court ruled to request the acquiescence of the İstanbul 14th High Criminal Court to the merger of the two cases concerning Reyhan Çapan that are legally and factually connected. The trial was adjourned until 18 April 2024.

Compensation case against Evrensel newspaper and columnist Ceren Sözeri adjourned until September

The 10th hearing of a lawsuit filed by Turkuvaz Media Group Vice President of the Executive Board Serhat Albayrak against Evrensel newspaper and its columnist Ceren Sözeri for “damaging commercial reputation” was held at the Istanbul 2nd Commercial Court on 10 January 2024.

Sözeri, Evrensel administrator Rıza Doğan, the newspaper's lawyer Devrim Avcı and plaintiff Albayrak’s lawyer were present at the hearing.

Ruling to wait for the submission of requested documents, the court adjourned the lawsuit until 11 September 2024.

In her article “AKP'ye kim oy kaybettirdi?” (Who caused the AKP to lose votes?), published on 7 April 2019, Sözeri had criticized the state-run Anadolu Agency for not updating poll results for 14 hours in its coverage of Turkey's 31 March 2019 local elections.

Trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan adjourned until May

The 19th hearing in the trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan on the charge of “resisting to prevent fulfillment of duty” was held at the Antalya 25th Criminal Court of First Instance on 9 January 2024.

No parties attended the hearing.

The court adjourned the trial until 14 May 2024.

The journalists had been detained while covering the protests in Antalya against the G20 Summit on 15 November 2015 and the indictment against them was filed on 30 June 2016.

Prosecutor drops charge against Ahmet Kanbal, files new complaint

The Mardin Chief Public Prosecutor’s Office has dropped the charges against Mezopotamya News Agency (MA) reporter Ahmet Kanbal in a criminal investigation it had launched against the journalist on allegations of “terrorism propaganda” on account of his live broadcasts from neighborhoods affected by the deadly earthquakes of 6 February 2023.

However, the prosecutor’s office stated that a re-evaluation of the investigation would be possible in case new evidence is obtained, and decided to file a criminal complaint against Kanbal on the allegation of “publicly disseminating misleading information” under Article 217/A of the Turkish Penal Code (TCK).

At least 36 journalists and media workers in prison

Following the release of Furkan Karabay, as of 12 January 2024, there are at least 36 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here.