Süleyman Gençel sent to prison; Ramazan Yurttapan given jail term; Şebnem Korur Fincancı’s imprisonment sentence upheld; investigation launched against Çiğdem Toker

Süleyman Gençel sent to prison after Supreme Court of Appeals upholds his sentence

A3 Haber Editor-in-Chief Süleyman Gençel, who was detained at home and taken to İzmir Hatay Police Station on 2 February 2024 was sent to prison the same day. The reason for Gençel's imprisonment was the Supreme Court of Appeals approving his sentencing in the insult case filed by Dokuz Eylül University Rector and former three times AKP MP and Deputy Chairperson Nükhet Hotar.

Süleyman Gençel already had a formerly approved imprisonment sentence of 2 year and 1 month. Gençel was under judicial control measures and had been sentenced to 1 year and 2 months of imprisonment in the latest case.

Journalist Nazlı Ilıcak released

Journalist Nazlı Ilıcak was released from prison on 28 January 2024. Ilıcak faced trial upon the complaint filed by a prosecutor over an article she wrote for the Özgür Düşünce website in 2016 and was sentenced to 2 year and 6 months of imprisonment on the charge of “insult” at the end of the hearing held at the İstanbul 15th Criminal Court of First Instance and placed in prison on 4 December 2023.

The İstanbul Chief Prosecutor’s Office had filed an indictment with the charge of “insult” against Ilıcak over her article “Hanefi Avcı’nın Operasyon beklentisi” (“Hanefi Avcı Expects an Operation”), which was published on the Özgür Düşünce website in 2016. The indictment stated that Ilıcak had mentioned a “milli damar örgütü” (“national vein organization”) in her article and that former Director of Security Hanefi Avcı had filed a complaint with the Ankara Chief Prosecutor’s Office. Regarding the content of Ilıcak’s article, the indictment claimed that it had “openly stated the names of public officials who were depicted as members of a terrorist organization under investigation and alleged illegal actions on their part.”

The case, which was filed with the İstanbul 15th Criminal Court of First Instance in 2021 resulted in a sentence of 30 months of imprisonment for Ilıcak on 19 April 2022. Ilıcak had been placed in prison on 4 December 2023 upon the approval of her sentence.

Journalist Enver Aysever detained at Ankara Esenboğa Airport

Journalist Enver Aysever was detained at Ankara Esenboğa Airport on 2 February 2024.

Aysever was taken to the Çubuk Courthouse after being detained. Appearing before the judge, Aysever was released after giving his statement.

Journalist Safiye Alağaş released

JinNews Managing Editor Safiye Alağaş, who was detained after her car was stopped while travelling from Siirt to Diyarbakır on 28 January 2024, was released on 29 January 2024.

Alağaş was detained on the grounds of a case from 2011 overseen by the İstanbul 10th High Criminal Court and taken to Sinanlı Police Station.

Grey Wolves Deputy President Abdulaziz Sekban targets journalist Ozan Gündoğdu

BirGün newspaper contributor Ozan Gündoğdu has criticised the meetings between far-right organization Ülkü Ocakları (Grey Wolves) representatives with students at schools and photos of people making the “wolf sign” on live TV. Following the broadcast, Grey Wolves Vice President Abdulaziz Sekban threatened Gündoğdu, telling him to “know [his] place”.

Gündoğdu replied to Sekban as follows: “It does not matter whether it is the sign of the wolf, of victory or the Rabia. Political parties have no place in schools. No one has to like the Nationalist Movement Party (MHP). Would you like it if a future leftist government had the children of MHP supporters do the victory sign? You would not… Is it so difficult to understand where I am coming from?”

Turkish Medical Association President Şebnem Korur Fincancı’s imprisonment sentence upheld

The 2nd Criminal Chamber of the İstanbul Regional Court of Justice has upheld the imprisonment sentence of 2 years 8 months and 15 days handed to Turkish Medical Association (TTB) President Şebnem Korur Fincancı on the charge of “terrorism propaganda” by the İstanbul 24th High Criminal Court.

The Chamber ruled that there was no unlawfulness in terms of procedure or basis in the verdict of the local court, any missing elements in evidence and the procedure, and stated that the verdict was correct in terms of proof. The Chamber stated that the action had been properly categorized and that the imprisonment sentence of 322 years 8 months and 15 days was within legal limits and rejected the reasons put forward by the defendant’s attorneys and the prosecutor and overruled the appeal on grounds of basis.

TTB President Şebnem Korur Fincancı, who faced investigation over her televised remarks regarding allegations that the Turkish Armed Forces had used chemical weapons and was detained at her home, was imprisoned pending trial by the Criminal Court of Peace in Ankara on 27 October 2022. The indictment, filed following the investigation launched by the Ankara Chief Prosecutor’s Office, called for sentencing for the crime of “terrorism propaganda.”

The Ankara 4th High Criminal Court ruled for incompetence due to Fincancı residing in İstanbul and conveyed the case file to İstanbul. The İstanbul 21st High Criminal Court, which oversaw the trial, sentenced Fincancı to 2 years 8 months and 15 days of imprisonment for “terrorism propaganda,” but released her based on the time she had spent in remand.

 

Investigation against journalist Hayri Demir completed and added to “propaganda” case

 

The investigation launched against journalist Hayri Demir by the Ankara Chief Public Prosecutor’s Office on suspicion of “membership in a terrorist organization” in 2022 has been completed.

 

In the report filed by the Provincial Directorate of Security, the books Dağlardan İnmek (Coming Down from the Mountains) by Indonesian academic and writer Paul White, which was published by İletişim Publishers in 2016 and Selahattin Demirtaş - Bir Siyasi Rehinelik Öyküsü (Selahattin Demirtaş - The Story of a Political Hostage) by Hayri Demir were cited as elements of crime.

 

The completed investigation has been added to the “terrorism propaganda” case file on Demir with the Ankara 15th High Criminal Court.

 

Journalist Çiğdem Toker faces investigation upon complaint

 

The Ankara Chief Prosecutor’s Office has launched an investigation against journalist Çiğdem Toker upon receiving a complaint about comments made by Toker on the election day program on Fox TV on 28 May 2023.

 

Toker announced the investigation on her social media account on 1 February 2024 and said that she had gone to the Kavaklıdere Police Station with her lawyer.

 

Toker wrote that the reason for the investigation was “A complaint filed over a comment I made on the election program on Fox TV on 28 May, the day of the second round of presidential election.”

 

 

Criminal complaint against journalist Eylem Nazlıer

 

Journalist Eylem Nazlıer has announced that a citizen had filed an official complaint against her for “denigrating the Turkish nation and state” over her social media posts.

 

The prosecutor’s office has decided not to prosecute, according to the 31 January 2024 social media statement by Nazlıer.

 

Yeni Demokrasi employee Erhan Çıta released

 

In the interim hearing held on 26 January 2024, the court ruled for the release of Yeni Demokrasi newspaper employee Erhan Çıta, who was being held at the Elazığ No. 1 High Security Closed Prison.

 

Çıta was detained during home raids carried out in Tunceli and imprisoned pending trial on charges of “membership in a terrorist organization” and “financing a terrorist organization” on 5 October 2023.

 

 

Presidential chief advisor targets journalist Fatih Altaylı

 

Presidential Chief Advisor Oktay Saral insulted and targeted journalist Fatih Altaylı on social media on 31 January 2024, over some statements the journalist made on a YouTube program.

 

In his post, Saral said, “What needs to be dome against this apostate heretic who is publicly insulting Islam and the Koran should be done without losing another second, otherwise there may be unsavory incidents causing Muslims to become indignant.”

 

On a program released on his own YouTube channel on 20 January 2024, Altaylı said, “Does any one of us vote because of our sectarian identity or vote for a particular political party because of a congregation? This is something that you are not supposed to talk about” regarding voter preferences.

Journalist Sema Kızılarslan faces death threats

Journalist Sema Kızılarslan announced on her social media account that she had been receiving death threats.

 

One journalist sentenced to imprisonment, two acquitted in the Demokratik Modernite case

The eighth hearing in the trial of Demokratik Modernite magazine Managing Editor Ramazan Yurttapan, Agos newspaper Armenian pages editor Pakrat Estukyan and three others on the charge of “terrorism propaganda” was held at the İstanbul 30th High Criminal Court on 2 February 2024.

 

Estukyan and his lawyers were present at the hearing, which P24 monitored.

 

The prosecutor repeated their final opinion on the case they presented at the hearing on 14 December 2023 and requested sentencing for Pakrat Estukyan, Ramazan Yurttapan and Emran Emekçi for the impugned crime of “terrorism propaganda.”

 

Estukyan added, “I had no aim or intention to carry out propaganda” and said that he would not accept the deferment of the sentence should he be sentenced, and requested his acquittal.

 

The journalists’ lawyers Özcan Kılıç and Sercan Korkmaz requested the acquittal of their clients on the grounds that elements of the impugned crime had not formed.

 

The court ruled that the elements of the crime of propaganda in publications where the owner of the intellectual property is not known had formed and sentenced the managing editor of the magazine, Ramazan Yurttapan to 1 year and 21 months of imprisonment.

 

The court acquitted Pakrat Estukyan and Emran Emekçi and ruled to separate the case files for Mehmet Nimet Sevim and Cihan Doğan, for whom detention orders had been issued.

 

Click here for a detailed report.

 

MA reporter Ahmet Kanbal acquitted of “terrorism propaganda”

The second hearing in the trial of Mezopotamya news agency (MA) reporter Ahmet Kanbal on the charge of “terrorism propaganda” over a photograph he posted on his social media account was held at the Mardin 2nd High Criminal Court on 1 February 2024.

Kanbal and his lawyer Erdal Kuzu attended the hearing.

The prosecutor presented their final opinion on the case and requested Kanbal’s acquittal on the grounds that elements of the impugned crime had not formed.

Delivering his defense after the prosecutor’s opinion, Kanbal said, “We are practicing journalism. We are being put on trial for practicing journalism. All investigations against us are to do with journalistic activities.”

Kanbal’s lawyer Erdal Kuzu requested the acquittal of his client as he was a journalist and was being targeted for practicing journalism.

The court ruled to acquit Kanbal.

 

Request for court’s recusal to be evaluated in the case against actor İlyas Salman

The third hearing in the trial of actor İlyas Salman on the charge of “insulting the president” (TPC 299) over his statement “Erdoğan’ı o koltuğa layık görmüyorum” (“I do not think Erdoğan deserves the office”) in an interview with the BirGünnewspaper published on 1 August 2022 was held at the İstanbul 2nd Criminal Court of First Instance on 1 February 2024.

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

Salman’s lawyer Hüseyin Uğur Poyraz had called for the recusal of the court at the previous hearing, after the court stated that it did not consider the crime of “insulting the president” to be unconstitutional. The court had allowed Salman’s lawyer time to convey the request for recusal in writing. In a petition dated 31 January 2024, lawyer Poyraz repeated the request for recusal of court.

The court ruled to convey the file to the high criminal court on call for the evaluation of the request for recusal. The trial was adjourned until 14 May 2024.

Court keeps ban on travelling abroad in place in the trial of 18 journalists

The third hearing in the trial of 18 journalists, who were released at the first hearing held 13 months after their imprisonment in Diyarbakır on 8 June 2022, on the charge of “membership in a terrorist organization” over their professional activities was held at the Diyarbakır 4th High Criminal Court on 1 February 2024. The journalists on trial are Dicle Fırat Journalists Association (DFG) Co-Chair Serdar Altan, Mezopotamya news agency (MA) editor Aziz Oruç, Xwebûn newspaper Managing Editor Mehmet Ali Ertaş; Zeynel Abidin Bulut, Ömer Çelik, Mazlum Doğan Güler, İbrahim Koyuncu, Neşe Toprak, Elif Üngür, Abdurrahman Öncü, Suat Doğuhan, Remziye Temel, Ramazan Geciken, Lezgin Akdeniz, Mehmet Şahin, Kadir Bayram, Esmer Tunç and Mehmet Yalçın.

Of the defendant journalists, DFG co-chair Serdar Altan, Elif Üngür, Lezgin Akdeniz, Mehmet Şahin and Rohat Bulut[BK1] and their attorneys Resul Temur, Ruşen Seydaoğlu, Bahar Oktay, Canan Atabay and Fatih Aydın were present at the hearing.

The trial proceeded with a new panel of judges, as the presiding judge had been appointed to the court of appeals. The presiding judge provided information on documents added to the file and said that no response had been received to the writ conveyed to the Diyarbakır Directorate of Security as per the interim order issued at the previous hearing for the examination of the report of the search carried out at Arî Yapım and the return of confiscated digital materials.

The prosecutor requested the missing elements in the case file to be completed. The defendant journalists stated they repeated their previous defense statements and requested their acquittal.

Lawyers for the defense requested the judicial control measures on their clients, consisting of an obligation to check in police station on a regular basis, and bans on travelling abroad, to be lifted.

Considering the requests, the court ruled for the procedure to begin to hear co-plaintiff Hamit Akbal; to request the case files for journalists who were found to be subject to other cases through a National Judicial Network Informatics System (UYAP) inquiry to be requested from the relevant courts; to request the search report, and to return the digital materials whose images had been obtained. The court lifted the judicial control measure of signing their name on Esmer Tunç, Kadir Bayram and Mehmet Yalçın, rejected the request for the lifting of the bans on travelling abroad and adjourned the trial until 9 May 2024.

Journalist Dilan Esen’s trial adjourned until March

Th fourth hearing in the trial of journalist Dilan Esen on the charge of “insulting a public official” was held at the İstanbul 2nd Criminal Court of First Instance on 30 January 2024. The case was filed upon a complaint by Culture and Tourism Minister Mehmet Nuri Ersoy, over Esen’s news item titled “Ersoy yine şirketine kıyak yaptırmış” (“Ersoy had another favor done for his company”) published in the 12 August 2022 edition of the Birgün newspaper

Lawyers for the parties were present at the hearing, which P24 monitored. Dilan Esen did not attend the hearing.

The prosecutor repeated their final opinion on the case presented at the 17 October 2023 hearing of the trial and requested sentencing for Esen for the impugned crime. The co-plaintiff’s lawyer Mehmet İnal said they agreed with the opinion and requested sentencing for Esen.

Esen’s lawyer Ali Deniz Ceylan stated that the news item subject to the trial had been prepared based on parliamentary questions by İyi Party MP Ümit Özlale and MP Aytun Çıray. Lawyer Ceylan presented copies of both parliamentary questions to the court and said, “The co-plaintiff is a senior politician and at the same time a tourism entrepreneur who owns hotels. There are allegations that tourism permits have been issued for forest land from the day the co-plaintiff took office as Minister for Tourism. The parliamentary inquiries reflect these allegations. My client wrote about the statements made by MP Ümit Özlale in the news item subject to the trial. According to a Constitutional Court ruling, press organizations cannot be held responsible for reporting such statements, even if they contain racist expressions.”

Lawyer Ceylan said that the case against his client was a violation of the freedom of the press and expression and requested the acquittal of his client.

The court adjourned the trial until 26 March 2024 in order to evaluate the files presented by lawyer Ceylan.

Trial of Ferhat Çelik and Osman Akın adjourned until May

The third hearing in the trial of Yeni Yaşam newspaper Editor-in-Chief Mehmet Ferhat Çelik and Managing Editor Osman Akın on charges of “insult” and “defamation” over their reporting on Sedat Peker’s claims concerning Serhat Albayrak was held at the İstanbul 2nd Criminal Court of First Instance on 30 January 2024.

Lawyers for the parties were present at the hearing, which P24 monitored. Çelik and Akın did not attend the hearing.

Plaintiff Serhat Albayrak’s lawyer said they maintained their complaint and requested to join the case as co-plaintiff.

Çelik and Akın’s lawyer requested the missing elements in the case file to be completed.

The court accepted Albayrak’s lawyer’s request to join as co-plaintiff and ruled to await the execution of the order for Çelik’s detention. The trial was adjourned until 14 May 2024.

“KCK Press Case” adjourned until April

The 30th hearing in the trial of 46 journalists on charges of “membership in a terrorist organization,” “administrating an organization” and “terrorism propaganda” was held at the İstanbul 3rd High Criminal Court on 30 January 2024.

Defense lawyers were present at the hearing, which P24 monitored.

Journalist Rawin Sterk’s lawyer Özcan Kılıç requested the return of his client’s confiscated phone. The prosecutor requested the court to deny the request.

The court ruled to assess the request for the return of the confiscated phone along with the verdict. The court ruled to await the execution of the order for the detention of defendant İsmet Kayhan and adjourned the trial until 25 April 2024.

Thirty-two of the 46 journalists who were detained in the operation against Kurdish journalists on 20 December 2011 were put in pre-trial detention on 24 December 2011. The indictment listed journalistic activities and information such as the interviews journalists carried out, their photos, the press statements they covered, their notes and news sources as well as conversations and the names of news sources on their phones as evidence of the charges.

Trial of journalist Evrim Kepenek adjourned until April

The eighth hearing in the trial of journalist Evrim Kepenek on the charge of “insult” over a complaint filed by Refik Y., who was arrested for child abuse and released, was held at the Selçuk Criminal Court of First Instance in İzmir on 30 January 2024.

No parties attended the hearing.

The court adjourned the trial until 30 April 2024.

Action for damages against journalist Faruk Arhan by former AKP MP Zehra Taşkesenlioğlu adjourned until May

The second hearing in the action for non-pecuniary damages worth TL 50,000 filed by former Justice and Development Party (AKP) MP for Erzurum Zehra Taşkesenlioğlu against journalist Faruk Arhan was held at the Ankara Gölbaşı 1stCivil Court of First Instance.

The court ruled to obtain information of the outcome of the case filed upon a complaint by Taşkesenlioğlu against journalist Faruk Arhan with the Ankara 25th Criminal Court of First Instance and adjourned the trial until 9 May 2024.

At least 37 journalist and media workers in prison

With the release of Nazlı Ilıcak and Süleyman Gençel being imprisoned pending trial, as of 2 February 2024, 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.