Four journalists sentenced to imprisonment in three trials; Yeni Şafak reporter who targeted Elif Bayburt ordered to pay damages; Gökay Başcan acquitted of the same charge for the second time; Dilan Esen ordered to pay administrative fine for “insult”Decision not to prosecute in attack against Rûdaw TV employees

The Diyarbakır Chief Prosecutor’s Office has concluded its investigation into the attack on Rûdaw TV representative Maşallah Dekak and camera operator Mehmet Kanevi in Diyarbakır with a decision not to prosecute.

In the incident which took place in Diyarbakır on 12 January 2024, Dekak and camera operator Kanevi, who were following DEVA Party Chairperson Ali Babacan’s visit were assaulted verbally and physically. Upon the complaint filed by Dekak and Kanevi against the assailant, the Diyarbakır Chief Prosecutor’s Office had launched an investigation.

The Diyarbakır Chief Prosecutor’s Office issued its decision after an investigation which lasted approximately for two and a half months. The prosecutor’s office stated that it had assessed the information and documents in the file and that it had found no evidence other than “abstract” claims by Dekak and Kanevi, and therefore decided not to prosecute.

Dekak and Kanevi’s lawyers are expected to object to the prosecutor’s office’s decision.

Yeni Şafak reporter who targeted ETHA reporter Elif Bayburt ordered to pay damages

Yeni Şafak newspaper reporter Taha Hüseyin Karagöz, who targeted Etkin News Agency (ETHA) reporter Elif Bayburt was ordered to pay damages.

 

ETHA reporter Elif Bayburt, who was covering developments in Antakya after the earthquakes of 6 February 2023 was marked as a target by Karagöz, who shared her ID details and photograph on 9 February 2023. Karagöz also marked ETHA as a target.

 

 

At the third hearing in the trial, which began after ETHA’s lawyer Özge Büşra Boyoğlu filed a criminal complaint with the İstanbul 18th Civil Court of First Instance, the court ruled to partially accept the case and ordered non-pecuniary damages worth TL 7,500 to be paid to Bayburt.

 

Journalist Mahmut Bozarslan denied accreditation

 

Journalist Mahmut Bozarslan announced that he was denied accreditation to cover the rally held by President Recep Tayyip Erdoğan in Diyarbakır on 27 March 2024.

 

Sharing the development on her X account, Bozarslan said, “I was once more denied accreditation for the Diyarbakır itinerary of President Erdoğan… What will become of this country? I think I only got accreditation once in the last seven years, for the visit before the last general election.”

 

Özgür TV’s social media account blocked for the second time

 

Özgür TV’s X account was blocked for the second time. Özgür TV, which announced its account being blocked with the message “Let us overcome censorship with solidarity,” continues to share its broadcasts on the @ozgurtvorg_2 account.

 

Özgür TV's @ozgurtvorg_1 account had previously been blocked. Meanwhile, access to the Twitter account @ozgurtvorg and YouTube account @OzgurTVOrg was blocked in Turkey.

 

Prosecutor amends opinion and requests sentencing for journalist Ahmet Sever in retrial

The second hearing in the trial of journalist Ahmet Sever on the charge of “insult” over a complaint filed by former Industry and Technology Minister Mustafa Varank was held at the İstanbul 2nd Criminal Court of First Instance on 29 March 2024.

While Sever did not attend the hearing, his lawyer Filiz Aydın was present.

The prosecutor, who had presented their final opinion on the case and requested acquittal at the previous trial, amended the opinion to request sentencing.

The court accepted the defense’s request for time and adjourned the trial until 13 September 2024.

Ahmet Sever, who has published a book about his time as the press advisor for Abdullah Gül, said in a press interview that the social media group known as “Ak troller” (“AKP trolls”) was being directed by Varank, who was an advisor to Recep Tayyip Erdoğan at the time. Upon Varank’s complaint, a case for “insult” was filed against Sever, who was ordered to pay a fine of TL 10,620, with the sentence being deferred. As decisions for the deferral of the sentence cannot be appealed, Sezer filed an individual application with the Constitutional Court. The Constitutional Court considered similar applications as a single file to deliver its judgment. The Constitutional Court ruled that interventions arising from the application relating the deferment of the sentence did not meet the criteria for legality and that the “right to freedom of expression” had been violated. Upon the Constitutional Court’s judgment, Sever’s retrial began on 23 February 2024.

 

Journalist Baransel Ağca’s trial adjourned

The seventh hearing in the trial of journalist Baransel Ağca on the charge of “inciting the people to hatred and enmity” was held at the İstanbul 43rd Criminal Court of First Instance on 29 March 2024.

No parties attended the hearing, which P24 monitored. The hearing was held summarily and the trial was adjourned until a future date.

The indictment filed by the Press Crimes Investigation Office of the İstanbul Chief Prosecutor’s Office cites a 25 December 2020 social media post by Ağca, which treats humorously of the ban on consuming wine in Islam.

 

Prosecutor requests sentencing for İnan Kızılkaya and İhsan Çaralan

The second hearing in the retrial of journalists İnan Kızılkaya and İhsan Çaralan on the charge of “insulting the president” over a news item published in the now-defunct Özgür Gündem newspaper was held at the İstanbul 2nd Criminal Court of First Instance on 29 March 2024.

 

İnan Kızılkaya and lawyers for the parties were present at the hearing, which P24 monitored. İhsan Çaralan did not attend the hearing.

 

İnan Kızılkaya requested the court to abide by the Constitutional Court judgment and his acquittal. Kızılkaya’s lawyer Özcan Kılıç reminded the court that the Constitutional Court had not just ruled on a rights violation due to the deferment of the announcement of the verdict, but also for the violation of the freedom of expression. Lawyer Kılıç requested his client’s acquittal in line with the Constitutional Court’s judgment.

 

Çaralan’s lawyer Devrim Avcı repeated their previous statements and requested her client’s acquittal.

 

Co-plaintiff President Erdoğan’s lawyer said they upheld their complaint and requested sentencing for Kızılkaya and Çaralan.

 

Presenting their final opinion on the case, the prosecutor said that the Constitutional Court’s violation judgment did not concern the merits of the case but the deferment of the sentence, and requested sentencing for Kızılkaya and Çaralan for the impugned crime.

 

In his statement against the opinion, lawyer Kılıç said, “The co-plaintiff is a political party-affiliated president, unlike what was foreseen in the old legislation. He is a politician because he is the chairperson of a political party. Therefore, the actions of my client should be considered ‘insulting a public official’ instead of ‘insulting the president.’ The Constitutional Court judgment states that the freedom of expression and the right to peaceful assembly and demonstration were violated. For these reasons, we request my client’s acquittal.”

 

Çaralan’s lawyer Devrim Avcı requested time to set up a counterstatement against the opinion. The court accepted the request for time and adjourned the trial until 13 September 2024.

 

Prosecutor allowed second period of time to file opinion in the Hrant Dink trial

 

The third hearing in the retrial of 15 defendants, including high ranking public officials, whose sentencing over the killing of Hrant Dink was overturned by the Court of Cassation was held at the İstanbul 14th High Criminal Court on 27 March 2024.

 

Imprisoned defendants Okan Şimşek, Veysel Şahin and Gazi Günay, who were officials at the Trabzon Provincial Gendarmerie Command’s intelligence unit were brought to the hearing.

 

The prosecutor for the hearing requested time, saying that the prosecution had not prepared the final opinion on the case. The panel of judges said they would only hear requests and defense statements against the imprisonment.

 

Following statements by defendants’ lawyers, the panel of judges rejected the request for the release of the seven imprisoned defendants. The court allowed the prosecution a second period of time for the preparation of their final opinion on the case and adjourned the trial until 31 May 2024.

 

Journalist Gökay Başcan acquitted of the same charge for the second time

The second hearing in the trial of BirGün newspaper editor Gökay Başcan on the charge of “insult” over a complaint filed by Emine Erdoğan, spouse of President Recep Tayyip Erdoğan, was held at the İstanbul 17th Criminal Court of First Instance on 28 March 2024.

Başcan and lawyers for the parties were present at the hearing, which P24 monitored.

The prosecution, which had amended their final opinion on the casedue to the change of the prosecutor for the hearing, stated that there was public interest in the reporting subject to the trial and that the expressions used in the news item should be considered severe criticism covered by the freedom of expression and the press, and requested Başcan’s acquittal.

The court ruled to acquit Başcan as elements of the impugned crime had not formed.

Başcan had also been acquitted on 3 May 2022, at the end of the trial held using the simple trial procedure. Upon an objection by Erdoğan’s lawyers, the court decided to hold hearings and apply the general trial procedure.

Click here for a detailed report.

 

Journalists Pınar Gayıp and Mehmet Acettin sentenced to imprisonment

 

The fourth hearing in the trial of Etkin News Agency (ETHA) editor Pınar Gayıp and agency shareholder Mehmet Acettin on the charge of “publicly denigrating the state of the Republic of Turkey” was held at the İstanbul 2nd Criminal Court of First Instance on 28 March 2024.

 

Journalists’ lawyer Sezin Uçar was present at the hearing, which P24 monitored. Gayıp and Acettin did not attend the hearing.

 

The court sentenced Pınar Gayıp to 6 months and 7 days of imprisonment for the crime of “repeatedly denigrating the Turkish nation, the state of the Republic of Turkey and institutions and organs of the state.” The verdict was grounded on the manner the crime was committed; the significance and value of the object of crime; the severity of the resulting consequence and weight of the defendant’s intent. The court opined that Gayıp would not reoffend, therefore suspending the sentence and ruling that Gayıp be under probation for a year.

 

The court sentenced Mehmet Acettin to 7 months and 15 days of imprisonment for the crime outlined in TPC article 301. The court did not suspend Acettin’s sentencing due to his previous convictions for crime with intent.

 

Click here for a detailed report.

 

Journalist Uğur Koç sentenced to imprisonment for “insulting the president”

The fifth hearing in the trial of BirGün newspaper Managing Editor Uğur Koç on the charge of “insulting the president” was held at the İstanbul 2nd Criminal Court of First Instance on 28 March 2024.

 

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

 

The court sentenced Uğur Koç to 11 months and 20 days of imprisonment for the crime of “insulting the president.” The sentence was deferred.

 

Click here for a detailed report.

 

 

Can Dündar’s two separate trials adjourned

The eighth hearing in the retrial of journalist Can Dündar on the charge of “obtaining information which should stay secret for the security or internal and external interests of the state for purposes of political or military espionage” was held at the İstanbul 14th High Criminal Court on 26 March 2024.

 

Lawyers for the parties presented excuses not to attend the hearing, which P24 monitored. The hearing was held summarily, and the court ruled to await the execution of the order for Dündar’s detention and the request for his extradition. The trial was adjourned until 11 July 2024.

 

The 20th hearing in the trial of Can Dündar on the charge of “printing and publishing terrorist organization publications” over his participation in the “Editor-in-Chief on Watch” campaign held in solidarity with the shut-down Özgür Gündem newspaper was held at the İstanbul 22nd High Criminal Court on 28 March 2024.

 

Dündar’s lawyers presented excuses not to attend the hearing, which P24 monitored. At the hearing, which was held summarily, the court ruled to await the execution of the order for Dündar’s detention and adjourned the trial until 26 September 2024.

 

Journalist Dilan Esen ordered to pay administrative fine for “insulting a public official”

The fifth hearing in the trial of journalist Dilan Esen on the charge of “insulting a public official” over a complaint filed by Minister for Culture and Tourism Mehmet Nuri Ersoy was held at the İstanbul 2nd Criminal Court of First Instance on 26 March 2024.

 

Dilan Esen and lawyers for the parties were present at the hearing, which P24 monitored.

 

Announcing its verdict, the court ordered Esen to pay an administrative fine of TL 7,080 for “insulting a public official.”

 

Click here for a detailed report.

 

Prosecutor requests sentencing for rights defenders Eren Keskin and Güllistan Yarkın

The second hearing in the trial of Human Rights Association (İHD) Co-Chair Eren Keskin and İHD Commission Against Racism and Discrimination member Güllistan Yarkın on the charge of “publicly denigrating the Turkish nation, the state of the Republic of Turkey, the Grand National Assembly of Turkey, the government of the Republic of Turkey and the judicial organs of the state” was held at the İstanbul 51st Criminal Court of First Instance on 26 March 2024.

 

Keskin, Yarkın and their lawyers were present at the hearing, which P24 monitored.

 

Presenting their final opinion on the case, the prosecutor requested sentencing for Keskin and Yarkın for the impugned crime.

 

In his defense statement against the opinion, Keskin said, “Both the indictment and the opinion are in violation of the international law and the European Convention on Human Rights. We have not threatened or insulted anyone. What we said was that the events of 1915 constituted genocide. I do not accept having to answer to anyone for my opinions in this day and age. There can be no sentencing according to international law; there is no crime.”

 

Speaking after Keskin, Yarkın said “I think what happened in 1915 was a genocide carried out by the Party of Unity and Progress”.

 

Keskin and Yarkın’s lawyer said that while his clients were being tried on the charge of “publicly denigrating the Turkish nation, the state of the Republic of Turkey, the Grand National Assembly of Turkey, the government of the Republic of Turkey and the judicial organs of the state;” the speech subject to the trial “was on the subject of the Party of Unity and Progress. The Republic of Turkey did not exist in 1915, the republic was established in 1923. We request the court considers these points.” Lawyer Kılıç requested time to set up a counterstatement against the prosecutor’s opinion.

 

The court accepted request for time and adjourned the trial until 2 May 2024.

 

Journalist Furkan Karabay appears before court

The first hearing in the trial of journalist Furkan Karabay on charges of “insult” and “defamation” over a complaint filed by President Recep Tayyip Erdoğan’s son Bilal Erdoğan concerning a social media post was held at the İstanbul 47thCriminal Court of First Instance on 26 March 2024.

Karabay and parties for the lawyers were present at the hearing.

In his defense statement, Karabay said, “It is true I posted the tweet subject to the charge in the indictment. The tweet does not contain any insult against the complainant. The word ‘müdavim’ (regular [customer]) is not an insult. If I had called him ‘salak’ (a fool), that would have been an insult” and requested his acquittal.

 

Karabay’s lawyer Harun Karabay requested the court to lift the judicial control measures imposed on his client, requiring him to sign his name at a police station once a week and banning him from traveling abroad.

 

Bilal Erdoğan’s lawyer Ferah Yıldız said they upheld their complaint and requested joining the case as co-plaintiff.

 

The prosecutor requested the court to accept Erdoğan and his lawyer’s request to join the case as co-plaintiff on grounds of the possibility of suffering harm from the crime and requested the case file to be conveyed to the prosecutor’s office for the preparation of the final opinion.

 

The court accepted Erdoğan and his lawyer’s request to join the case as co-plaintiff and ruled to convey the case file to the prosecutor’s office for the preparation of the opinion as to the basis. The court lifted the judicial control measures on Karabay and adjourned the trial until 25 June 2024.

 

Journalist Erdem Avşar sentenced to imprisonment for “defamation”

The fourth hearing in the trial of Yeniçağ newspaper Managing Editor Erdem Avşar on charges of “defamation” and “insult” over a complaint filed by the Turkuvaz Media Group Vice President of the Board of Directors Serhat Albayrak was held at the İstanbul 2nd Criminal Court of First Instance on 26 March 2024.

Avşar and lawyers for the parties were present at the hearing, which P24 monitored.

The court ruled to acquit Avşar of the crime of “insult” due to the impugned action not having been defined as a crime in the law; and sentenced to journalist to one year and 15 days of imprisonment for the crime of “defamation”.

Click here for a detailed report.

At least 29 journalists and media workers in prison

As of 29 March 2024, there are at least 29 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here.