Documentary filmmaker Sibel Tekin acquitted; journalist Ali Barış Kurt’s imprisonment sentence upheld; Furkan Karabay and Faruk Eren acquitted; İsmail Arı under investigation for his reporting on the Menzil Congregation

Court of Cassation approves the imprisonment sentence for journalist Ali Barış Kurt

The appeal against the verdict against journalist Ali Barış Kurt, who was tried on the charge of “terrorism propaganda” over his social media posts and journalistic activities was examined by the Court of Cassation.

The 3rd Criminal Chamber of the Court of Cassation approved the imprisonment sentence of 2 years and 4 months ruled by the 4th Criminal Chamber of the Ankara Regional Court of Justice by “rejecting the request for appeal on grounds of basis and the upholding the sentence.”

Appellate court overturns sentence for journalist İsmail Saymaz

The 24th Criminal Chamber of the İstanbul Regional Court of Justice has overturned the fine issued to journalist İsmail Saymaz for the crime of “insult” over an article Saymaz wrote concerning an incident of sexual abuse at a religious congregation.

In its decision to overturn, the appellate court stated that the news item subject to the trial was in keeping with the apparent truth, that it was in the public interest and of social relevance, that the expressions employed in the new item were intellectually connected with the incident subject to the reporting, that the principle of proportionality had not been violated and that the news item as published fell within the limits of the right of the press to report the news, and ruled that the verdict was unlawful.

The decision stated that the guilty verdict by the local court could be amended without the need for a retrial. Therefore, the appellate court ruled that the guilty verdict by the court of first instance should be amended with the expression “acquittal of the defendant due to the legal elements of the crime not having formed.”

On the TV program “Esas Mesele” broadcast on Yol TV on 4 September 2020, Saymaz had said that congregation leader Büreyde Öncel was on trial on the charge of child sexual abuse and Büreyde Öncel filed a complaint against Saymaz for “insult”.

At the end of the trial, the İstanbul 35th Criminal Court of First Instance had ordered Saymaz to pay a fine of TL 3,480 for the crime of “insult.”

Case filed against journalist Abdullah Kaya for “disseminating personal data”

A case has been filed against journalist Abdullah Kaya, who had reported on a village guard who wanted to vote while armed with a long-barreled fire arm in the Diyadin district of Ağrı on 14 May 2023, on the charge of “illegally obtaining or disseminating personal data.”

The indictment states that Kaya had obtained photographs of the guard in question against his will and sent them to agencies and persons.

The Diyadin Criminal Court of First Instance has accepted the indictment.

Journalist İsmail Arı under investigation for his reporting on the Menzil Congregation

An investigation has been filed against BirGün newspaper reporter İsmail Arı, who reported on the relationship between the Turkish Red Crescent and the Menzil Congregation on suspicion of “spreading false information” upon a complaint filed by the Turkish Red Crescent.

The grounds for the investigation being run by the Press Crimes Investigation Office of the İstanbul Anadolu Chief Prosecutor’s Office were given as the news item titled "Kızılay koşa koşa Menzil’e gitmiş!" (“The Red Crescent went running to Menzil!”) and Arı’s social media post about the news item.

Arı has given a statement under the investigation and stated that his reporting fell under journalistic activities and he informed the public.

The news item and Arı’s social media posts stated that the Turkish Red Crescent had purchased aid packages from the company called Nakış Gıda, which is owned by the Menzil Congregation, following the earthquakes.

Action for damages against journalist Furkan Karabay dismissed

The second hearing in the action for damages worth TL 100,000 filed by President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal against Gerkçek Gündem news site editor Furkan Karabay over his reporting was held at the İstanbul 21st Civil Court of First Instance on 7 March 2024.

While Karabay did not attend the hearing, his lawyer Enes Hikmet Ermaner and İnal’s lawyer were present. P24 monitored the hearing.

İnal’s lawyer requested the court to accept the action. Speaking afterwards, lawyer Ermaner said, “My client is a journalist, he practices journalism with only the public interest in mind and the plaintiff has filed a case against every news item prepared by my client with the intention of intimidation.”

The court ruled to dismiss the action.

The action against journalist Karabay was filed over the news item titled “"Erdoğan’ın avukatını neden tehdit etti? FETÖ Borsası iddialarının olduğu silahlı saldırıda iddianame çıktı" (“Why was Erdoğan’s lawyer threatened? Indictment filed in armed assault case with claims of FETÖ stock exchange” that was published on the Gerçek Gündem news site.

Journalist Rüstem Batum’s trial adjourned until November

The sixth hearing in the trial of journalist Rüstem Batum on the charge of “insulting the president” was held at the İstanbul 12th Criminal Court of First Instance on 7 March 2024.

P24 monitored the hearing.

The trial was adjourned until 14 November 2024.

Writer Gökhan Yavuzel’s “insulting the president” cases adjourned until October

The hearings in the two trials of the writer Gökhan Yavuzel on the charge of “insulting the president” were held at the Şanlıurfa 4th Criminal Court of First Instance on 7 March 2024.

While Yavuzel was not present at the hearings, his lawyer Emine Özhasar attended via the judicial videoconferencing system from the courtroom of the İstanbul 39th Criminal Court of First Instance. P24 monitored the hearing.

The prosecutor presented their final opinion on the case and requested sentencing in both cases separately for the impugned crime. Lawyer Özhasar requested time to set up the a against the prosecutor’s opinion.

The trials were adjourned until 31 October 2024.

Prosecutor’s opinion awaited in the Dink retrial with 12 defendants, five of whom are police officers

The fourth hearing in the retrial of 12 defendants, including five police officers, on charges of “attempting to destroy the Constitutional order,” “membership in a terrorist organization” and “committing crimes on behalf of an illegal organization” was held at the İstanbul 14th High Criminal Court on 6 March 2024.

Hitman Ogün Samast, instigators Erhan Tuncel, Yasin Hayal, Zeynel Abidin Yavuz, Ersin Yolçu, Tuncay Uzundal, then directors of security Ramazan Akyürek and Ali Fuat Yılmazer and then Trabzon Counter-Terrorism branch official Adem Sağlam attended the hearing, which P24 monitored, via the judicial videoconferencing system. Lawyers for the Dink family and for the defendants were present in the courtroom.

In his defense statement, hitman Ogün Samast, whose newly filed case on the charge of “committing crimes on behalf of an illegal organization without being its member” was merged with the current case said, “I have nothing to say about the indictment on the charge of committing crimes on behalf of an illegal organization. I already defended myself against this charge seven or eight years ago.”

Samast continued: “Before the incident, we met up in Erhan Tuncel’s home. Erhan Tuncel and Yasin Hayal had a conversation in the kitchen. I was in the living room. I heard Erhan tell Yasin something like ‘Ramazan and director Ali are backing us up, do not worry’. That is all I heard of the conversation between them. I have been to Erhan’s home two or three times. I used to go there to have a chat. Yasin would threaten me, saying “If you give up, you will be in trouble.” I was afraid of Yasin. He was not an ordinary person, he had bombed a McDonalds and had done other things. I got involved in things I would not have wanted because of Yasin. I was afraid, I was 16. Erhan and Yasin used to say, ‘We have your back covered, do not worry, nothing will happen to you, we have the police behind us, the state behind us, do what you want, just relax.”

The presiding judge asked Samast, “Did you enjoy any privileges or support at the police or the gendarmerie after the incident?” Samast replied, “There was some talk in Samsun, where they told me things like ‘Do not worry my man, you are a hero, no one can touch you. These can be found in the visual and statement records at the Samsun Directorate of Security.”

The court ruled to convey the case file to the prosecutor’s office for the preparation of their final opinion on the case and adjourned the trial until 29 May 2024.

Metin Cihan’s trial adjourned until July 2024

The seventh hearing in the trial of journalist Metin Cihan on the charge of “insulting a public official” upon a complaint filed by President Recep Tayyip Erdoğan’s son-in-law Berat Albayrak was held at the İstanbul 36th Criminal Court of First Instance on 5 March 2024.

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

The hearing was held summarily, and the trial was adjourned until 4 July 2024.

İzel Sezer and Batuhan Batan’s trial adjourned

The fourth hearing in the trial of İleri Haber Editor-in-Chief İzel Sezer and Managing Editor Batuhan Batan on the charge of “insult” and “defamation” over the complaint filed by President Erdoğan’s former lawyer Mustafa Doğan İnal was held at the İstanbul 25th Criminal Court of First Instance on 5 March 2024.

İzel Sezer and lawyers for the parties were present at the hearing, which P24 monitored. Batan did not attend the hearing.

In her defense statement, Sezer said, “Unfortunately, we are on trial here today over journalistic activities. When I am practicing my profession, I base my actions on the Turkish Journalists' Declaration of Rights and Responsibilities of the Journalists Association of Turkey and the principles outlined in that document. The news item that is subject to the trial was prepared to meet the requirements of the journalistic profession. Principles of journalism were fully observed in the news item subject to the trial.”

Sezer continued, “We did not insult a single person in any line of this news item, because journalists do not insult anyone. We did not defame anyone, and the word ‘allegedly’ is used six times in the news item. The only thing that is being insulted through these series of cases is our profession, journalism. I reject the criminalization of journalism. The news item subject to the trial comes under the freedom of the press and contains no elements of crime” and requested her acquittal.

Sezer’s lawyer Özgür Urfa said “My client is a journalist and is on trial for her news items. This case constitutes an assault on the freedom of the press. My client had no intention of committing a crime. We demand her acquittal.”

Plaintiff Mustafa Doğan İnal’s lawyer said, “We uphold our complaint. We request sentencing for the defendants and a full sentence as they have expressed no remorse.”

The court ruled to convey the case file to the prosecutor’s office for the preparation of their final opinion on the case and adjourned the trial until 13 June 2024.

Documentary filmmaker Sibel Tekin acquitted

The sixth hearing in the trial of documentary filmmaker Sibel Tekin on the charge of “membership in a terrorist organization” for including footage of “police and prison vehicles” in her documentary “Karanlıkta Başlayan Hayat” was held at the Ankara 2nd High Criminal Court on 5 March 2024.

Tekin and her lawyers attended the hearing.

Tekin and her lawyer Mehtap Sakinci said they would make no statement regarding documents added to the file.

The prosecutor requested the defendant’s acquittal.

The panel of judges acquitted Tekin.

President Erdoğan upholds complaint in case against journalist Hakkı Boltan

The fourth hearing in the trial of journalist Hakkı Boltan on charges of “insulting the president” and “insulting a public official” over a press statement he read was held at the Diyarbakır 12th Criminal Court of First Instance on 5 March 2024.

Journalist Boltan and his lawyer Resul Temur were present at the hearing.

The judge verbally summarized the decision by the appellate court to overturn the verdict. Speaking about the decision to overturn, Boltan stated that he repeated his previous defense statements and said, “I have nothing to say against the decision to overturn. According to conditions at the date of the incident, I read the statement as part of the freedom of expression. My statement called for responsibility and sensitivity. I did not insult anyone. I spoke in criticism. We wanted our colleague to emerge safely, but only his burnt corpse was recovered. I request my acquittal.”

When asked by the court whether he would accept a deferment of the verdict in the case of sentencing, Boltan said he would accept.

Lawyer Resul Temur said they rejected the elements entered into the file against his client and said that President Recep Tayyip Erdoğan, who is a co-plaintiff in the case, had dropped his complaint in cases filed for “insulting the president” in provinces affected by the Maraş earthquakes of 6 February 2023. Lawyer Temur said that there had been no communication about the current case regarding this matter. Lawyer Temur requested the court to allow time for Erdoğan’s lawyer to be consulted over this matter.

The court ruled to convey the case file to the prosecutor’s office for the preparation of their final opinion on the case, and for the opinion to be conveyed to Boltan.

The trial was adjourned until 11 July 2024.

Trial of 31 people including journalist Sonya Bayık adjourned until May 2024

The 11th hearing in the trial of journalist Sonya Bayık, who was detained along with 309 activists while following a press statement for the protection of the historical and cultural heritage in the Hasankeyf district of Batman on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the Batman 1st Criminal Court of First Instance on 5 March 2024.

Bayık and her lawyer did not attend the hearing.

The court ruled to await the execution of the order for the detention of two defendants. The trial was adjourned until 21 May 2024.

Singer Ferhat Tunç’s trial on “terrorism” charges adjourned until June 2024

The 12th hearing in singer Ferhat Tunç on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Diyarbakır 5th High Criminal Court on 5 March 2024.

No parties attended the hearing.

The court ruled to await the execution of the order for Tunç’s detention and adjourned the trial until 25 June 2024.

Journalists Furkan Karabay and Faruk Eren acquitted

The second hearing in the trial of Gerçek Gündem news site Managing Editor Faruk Eren and editor Furkan Karabay on the charge of “marking those assigned with the fight against terrorism as targets” upon a complaint filed by Constitutional Court member İrfan Fidan over their news items and social media posts was held at the Ankara 4th High Criminal Court on 5 March 2024.

Furkan Karabay attended the hearing, which P24 monitored, from İstanbul via the judicial videoconferencing system, accompanied by his lawyer Enes Hikmet Ermaner. Faruk Eren’s lawyer Kerem Altıparmak was present in the courtroom.

The prosecutor repeated their final opinion on the case presented at the first hearing on 23 January 2024 and requested sentencing for Karabay and Eren for the impugned crime.

The court ruled to acquit Eren and Karabay separately on grounds that the “impugned action was not established as a crime in the law.” The decision to acquit Eren was taken unanimously, while the decision to acquit Karabay was taken by majority vote, with the presiding judge dissenting.

The case against Karabay and Eren on the charge of “marking those assigned with the fight against terrorism as targets” with the Ankara 22nd High Criminal Court was merged with the case with the Ankara 4th High Criminal Court on 23 January 2024.

Click here for a detailed report.

At least 30 journalists and media workers in prison

As of 8 March 2024, there were at least 30 journalists or media workers in prison in Turkey as convicts or detainees.

Please click here to view a detailed list.