Constitutional Court rules for “rights violations” in the access block decision for P24’s news item; Kibriye Evren detained; Fırat Bulut faces investigation for “spreading false information;” 23 rights advocates acquitted in the GÖÇİZDER case; prosecutor requests sentencing for Barış Pehlivan

Constitutional Court rules for “rights violations” in the access block decision for P24’s news item

The Constitutional Court has ruled for rights violations in 502 individual applications against decisions to block access to many news items published online. Among them were the decisions to block access to P24’s 8 August 2019 news item titled “Medipol Üniversitesine arazi tahsisi” (“Land grant to Medipol University) published on the Susma platform and social media posts concerning the news item. The decision was issued by the İstanbul 11th Criminal Court of Peace on 20 August 2019.

The Constitutional Court ruling which stated that the freedom of expression had been violated also stated that the system established by the relevant regulation led to “a structural problem” in terms of the right to effective remedy.

The Court merged the 502 applications against access block decisions on numerous news items published from 2014 to the end of 2023 and ruled that the freedom of expression and the right to effective remedy had been violated.

The Constitutional Court has conveyed a copy of the ruling to relevant courts for the lifting of the access blocks and decided that applicants should be paid damages.

In the justification of the ruling for the violation of the freedom of expression, the Court referred to its previous "Keskin Kalem Yayıncılık ve Ticaret A.Ş. and others" ruling. It was stated that the said decision had found a systematic problem and urged the Grand National Assembly of Turkey to legislate to alleviate the issue within a year.

Journalist Kibriye Evren detained

Journalist Kibriye Evren was detained in a raid on her home in Tuzla, İstanbul in the early hours of 9 February 2024.

Evren’s residence was searched, and her phone was confiscated.

The reason for Evren’s detention remains unclear and she was taken to the Counter-Terrorism Branch of the Kocaeli Security Directorate.

Journalist Selamet Turan taken into custody

Journalist Selamet Turan was detained in Cizre, Şırnak on 9 February. The police officers took Turan to the Provincial Security Directorate after searching her house.

Cause of Turan’s detention is still unknown.

Journalist Fırat Bulut faces investigation on charge of “spreading false information”

An investigation has been launched against journalist Fırat Bulut for “spreading false information” over his social media post.

İyi Party MP for Gaziantep Mehmet Mustafa Gürban had told Şireci workers on strike in Gaziantep in August 2023 to “be careful” and accused BİRTEK-SEN labor union president and EMEP MP for Gaziantep Seyda Karaca, who stood in solidarity with the workers, of being a “provocateur.”

Journalist Fırat Bulut had written “İyi Party member Mehmet M. Gürban, who before the election had supported democracy forces protesting with the workers in Antep by retweeting them is now swearing at the people, calling those resisting ‘terrorists’ and targeting journalists reporting on them on behalf of the bosses who have become desperate after the election.” The prosecutor’s office has launched an investigation against Fırat Bulut on suspicion of “spreading false information” over this post.

Journalist Fatih Altaylı to appear before the court on charge of “praising an offense or an offender”

The İstanbul Chief Prosecutor’s Office has filed an indictment against journalist Fatih Altaylı with the charge of “praising an offense or an offender” over his social media post.

The indictment has been conveyed to the İstanbul 21st Criminal Court of First Instance. The court has rejected the indictment on grounds that extant evidence had not been collected. However, the prosecutor’s office then objected to the rejection of the indictment and upon considering the objection, the İstanbul 35th High Criminal Court has lifted the rejection decision and reconveyed the indictment to the İstanbul 21st Criminal Court of First Instance. The latter court then accepted the indictment and decided that due to the nature of the crime, Altaylı should be tried by simple trial procedure. The court has also lifted the judicial control measures imposed on Altaylı on 5 January 2024.

Altaylı had been under investigation for posting the message “Well done” on his social media account concerning Ege Akersoy, who had assaulted and punched İsmail Aydemir after the “Support for Palestine” march held in İstanbul on 1 January 2024.

Decision not to prosecute in complaints filed by assaulted journalists İdris Yılmaz and Erhan Akbaş

The Erciş Prosecutor’s Office has decided not to prosecute in the official complaint filed by journalists İdris Yılmaz and Erhan Akbaş, who had been reporting on the Erciş District Municipality’s construction projects, against the individual who assaulted them and his relatives in 2017.

Journalists Yılmaz and Akbaş had been assaulted by the contactor and his relatives as they tried to report on the coastal road project Erciş District Municipality in Van had put on tender in 2017.

On 6 June 2023, the Erciş 2nd Criminal Court of First Instance sentenced Yılmaz to 4 months and 15 days of imprisonment for the offense of “willful injury.” The court also ruled for the assailant to pay an administrative fine worth TL 3,800 and a separate sentence of 10 months and 15 days for “willful injury.”

The court had also ruled for official complaints to be filed against the assailant and his relatives for “damaging property” for breaking the video camera belonging to İdris Yılmaz and “insult” for insulting Erhan Akbaş during the assault.

The Erciş Prosecutor’s Office, which oversaw the official complaints, has decided not to prosecute due to “lack of evidence.”

Ruling in assault on journalist Sinan Aygül case appealed

In their appeals petition filed with the Tatvan High Criminal Court, lawyers and a delegation of presidents of bar associations of local provinces have called for the lifting of the deferment of verdict decision issued by the Tatvan 2nd Criminal Court of First Instance and for the unlawful court ruling to be evaluated on merits of basis.

Lawyers representing Bitlis Jurnalists’ Association President Sinan Aygül, who was severely injured after being assaulted by two bodyguards of the Tatvan District Mayor Emin Geylani, one of whom is a police officer, on 17 June 2023, and a delegation of Van Bar Associations’ representatives have appealed the verdict announced at the final hearing on 25 January 2024. In the verdict, the assailants were sentenced to 15 months and 5 days of imprisonment each and the sentence was deferred.

The Tatvan High Criminal Court is to consider the appeal.

Twenty-three rights advocates acquitted in the GÖÇİZDER case

The final hearing in the trial of 23 rights advocates, including members and administrators of the Migration Monitoring Association (GÖÇİZDER) and Human Rights Foundation of Turkey (TİHV) social worker Bilal Yıldız on the charge of “membership in a terrorist organization” was held at the İstanbul 26th High Criminal Court (Silivri Closed Prison Campus) on 4-9 February 2024. All defendants were free pending trial.

In addition to defendants and lawyers, many jurists attended the trial.

Speaking first, the prosecutor repeated their final opinion, which they had requested the acquittal of the 23 defendants.

Announcing its verdict immediately afterwards, the presiding judge ruled to acquit the 23 defendants separately on grounds of “lack of unequivocal and credible evidence.”

Retrial of imprisoned columnist Gültekin Avcı resumes

The third hearing in the retrial following the Supreme Court of Appeals’ overturning of the previous verdict of former prosecutor and columnist Gültekin Avcı, who had been sentenced to life in prison, was held at the İstanbul 14th High Criminal Court on 9 February 2024.

The panel of judges ruled for a closed hearing on grounds that the case file had been merged with another. Journalists and observers were removed from the courtroom.

The court decided to keep Avcı behind bars and adjourned the trial until 8 May 2024.

The trial of 90 defendants, including Fetullah Gülen and 13 fugitive and 13 remanded defendants, over “undue process in the Selam Tevhid investigation” began in February 2016. The İstanbul 14th High Criminal Court announced its verdict on 16 December 2020 and sentenced Gültekin Avcı to aggravated life imprisonment for the crime of “attempting to overthrow the government of the Republic of Force using force and violence.”

The Third Criminal Chamber of the Supreme Court of Appeals had then overturned the sentence and ruled for a retrial.

Journalist Sedef Kabaş’s trial on charge of “insulting the president” adjourned until June

The third hearing in the trial of journalist Sedef Kabaş on the charge of “insulting the president” was held at the Anadolu 2nd Criminal Court of First Instance on 8 February 2024.

Kabaş did not attend the hearing, while her lawyer Selen Sınmaz was present.

Plaintiff President Recep Tayyip Erdoğan’s lawyer requested to join the case as co-plaintiff.

The court accepted the request and adjourned the trial until 6 June 2024.

Trial of journalists Pınar Gayıp and Mehmet Acettin adjourned until March

The third hearing in the trial of Etkin News Agency (ETHA) editor Pınar Gayıp and Managing Editor Mehmet Acettin on the charge of “denigrating the state of the Republic of Turkey” over news items published on the website on various dates was held at the İstanbul 2nd Criminal Court of First Instance on 8 February 2024.

Lawyers for the parties presented excuses not to attend the hearing, which P24 monitored.

The court accepted lawyers’ excuses and adjourned the trial until 28 March 2024.

Lawyer Sezgin Keleş had filed a criminal complaint against Gayıp and Acettin over reporting concerning his sentencing for sexually assaulting a woman intern. The İstanbul Chief Prosecutor’s Office had filed an indictment with the charge of “publicly denigrating the state of the Republic of Turkey” against Gayıp and Acettin following the criminal complaint filed by Keleş.

Prosecutor requests sentencing for journalist Barış Pehlivan

The eighth hearing in the trial of journalist Barış Pehlivan and Cumhuriyet newspaper’s former Coordinating Editor Mustafa Büyüksipahi on the charge of “insulting a public official” over a news item concerning former member of the Council of Judges and Prosecutors Hamit Kocabey and his son lawyer Nizameddin Kocabey was held at the Ankara 19th Criminal Court of First Instance on 7 February 2024.

The prosecutor submitted their final opinion on the case and requested sentencing for Pehlivan and the acquittal of Büyüksipahi.

The court accepted the defense’s request for time to set up their defense against the prosecutor’s opinion, and adjourned the trial until 4 June 2024.

Journalist İsmail Saymaz ordered to pay damages

The İstanbul Civil Court of First Instance ordered journalist İsmail Saymaz to pay damages worth TL 20,000 on 7 February 2024 over his criticism of the Türken Foundation, which was established in the USA by the Ensar and TÜRGEV foundations. Saymaz voiced his criticism on Halk TV on 30 May 2020.

The Ensar Foundation had sued Saymaz for damages worth TL 100,000.

Trial of journalists Rojin Akın and Emrah Erdoğan on charge of “membership in a terrorist organization” adjourned

The second hearing in the trial of journalists Rojin Akın and Emrah Erdoğan on the charge of “membership in a terrorist organization” over their travel to Rojava in northern Syria for reporting in 2015 was held at the İstanbul 23rd High Criminal Court on 7 February 2024.

Akın and Erdoğan did not attend the hearing, which P24 monitored. Ramazan Demir, one of Akın’s lawyers, was present.

Journalist Hayri Demir, who attended the hearing via the judicial videoconferencing system from the courtroom of the Ankara 27th High Criminal Court was heard as a witness. Demir said he had been on trial and was acquitted on the same charge. Demir said, “In December 2015, many journalists travelled to Rojava for reporting. I was one of them. I crossed over to Syria with some local smugglers with the press card issued by the Suruç District Governor’s Office. Ten days after I returned from Syria, my home was burgled. The burglar only took the memory cards in my cameras. Despite my criminal complaint, no progress was made. Six months later, the memory cards taken from my home emerged at the Ankara Directorate of Security. It was claimed that a private citizen had found the cards in the street.”

The presiding judge asked, “Did you come across Emrah Erdoğan and Rojin Akın when you were there?” Demir said he had and that Akın and Erdoğan were there for reporting purposes.

The prosecutor repeated their final opinion on the case presented at the previous hearing and requested sentencing for Akın and Erdoğan for the impugned crime. Akın’s lawyer requested time to set up a statement against the indictment.

The court accepted the request for time for the last time and ruled to await the execution of the order for the detention of Emrah Erdoğan. The trial was adjourned until 3 April 2024.

Journalists Rojin Akın, Hayri Demir and Emrah Erdoğan were detained in an investigation launched in March 2017. The indictment for the case filed seven years later against Akın and Erdoğan cited the interviews the journalists carried out and photos they took in Rojova in 2015 and their social media posts as evidence.

Singer Ferhat Tunç’s trial adjourned until June

The 17th hearing in the trial of singer Ferhat Tunç on the charge of “inciting the people to hatred and enmity” was held at the Büyükçekmece 4th Criminal Court of First Instance on 7 February 2024.

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

The court ruled to await the execution of the order for Tunç’s detention and adjourned the trial until 5 June 2024.

Court upholds judicial control measures on MA reporter Mehmet Şah Oruç

The third hearing in the trial of Mezopotamya news agency (MA) reporter Mehmet Şah Oruç on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Bitlis 2nd High Criminal Court on 6 February 2024

Oruç and his lawyer Resul Temur were present at the hearing.

At the hearing, the case witness was heard via the judicial videoconferencing system. The witness, who stated that he had taken part in the youth organization activities of the Peoples’ Democracy Party (HDP) said that journalist Oruç frequently came to the HDP’s Diyarbakır Province Office of the HDP and interviewed young members of the party. The witness claimed that Oruç had interviewed young people attending the Youth Congress of the HDP and that the interviews had been broadcasted by outlets such as the ANF and Nûçe Civan and claimed that Oruç’s employer MA was an “outlet established by the terrorist organization.”

After the witness, the court heard Oruç’s defense statement. Oruç said he did not know the witness and stated, “I went to the HDP premises as a journalist in 2018-2019. The police kept a record of those entering and leaving the HDP building. These records will show that I entered the party building with my reporting equipment. The HDP is a political party. I have visited other political parties. I am a reporter for the Mezopotamya news agency and my reporting is published by this agency. The MA is a legally registered entity.”

After a brief recess, the panel of judges rejected the request for the lifting of judicial control measures on Oruç. The panel of judges decided to hear another witness from an investigation into Oruç, which had resulted in a decision not to prosecute, and adjourned the trial until 14 May 2024.

Compensation case of journalists İzel Sezer and Doğan Ergün adjourned until April

The fourth hearing in a compensation case filed by AKP lawmaker Ali İhsan Arslan against İleri Haber Editor-in-Chief İzel Sezer and the news portal’s former chief editor Doğan Ergün, alleging a “violation of his personal rights” (TCK 134) on account of a report published in 2021, was held at the Ankara 20th Civil Court on 6 February 2024.

Sezer and Ergün did not attend the hearing in which their lawyer Şerif Özgür Urfa was present.

The court adjourned the trial until 4 April 2024.

Prosecutor requests the court to rule for incompetence in journalist Fırat Bulut’s “spreading false information” case

The third hearing in the trial of journalist Fırat Bulut on the charge of “spreading false information” over his social media posts concerning the earthquakes was held at the Elbistan 2nd Criminal Court of First Instance on 6 February 2024.

Neither Bulut, who has claimed asylum in Germany, nor his lawyers attended the hearing.

The gendarmerie conveyed a document to the court noting that the news item did not constitute “disinformation.”

The prosecutor for the hearing announced their final opinion on the case and stated that as the location of the crime was Bingöl, the court should rule for incompetence and convey the case to the Bingöl Criminal Court of First Instance.

Announcing its interim order, the court allowed Bulut’s lawyers time to set up a counter-statement against the prosecutor’s opinion until the next hearing and adjourned the trial until 22 February 2024.

Journalist Nimet Ölmez’s trial on charge of “insult” adjourned until April

The first hearing in the trial of journalist Nimet Ölmez on the charge of “insulting a public official” over her social media post was held at the Hakkari 1st Criminal Court of First Instance on 6 February 2024. The hearing was held by the simple trial procedure.

Speaking first, the judge ruled to drop the use of the simple trial procedure and to hold hearings.

The date of the second hearing was set as 24 April 2024.

Journalist Hayko Bağdat’s trial adjourned until June

The 13th hearing in the trial of journalist Hayko Bağdat on the charge of “terrorism propaganda” over his social media posts was held at the İstanbul 28th High Criminal Court on 6 February 2024.

No parties attended the hearing, which P24 monitored.

The court ruled to await the execution of the order for the detention of Bağdat and adjourned the trial until 27 June 2024.

At least 34 journalists and media workers in prison

According to the latest information obtained by Expression Interrupted, following the release of Hüdaverdi Yıldırım, Çetin Çiftçi and Turgut Usul, as of 9 February 2024, there are at least 34 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here.