Expression Interrupted

Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.

Freedom of Expression and the Press in Turkey – 443

Freedom of Expression and the Press in Turkey – 443

Many journalists threatened, obstructed and detained on day of local elections and afterwards; former DİHA reporter Murat Verim released; two journalists acquitted; RTÜK to investigate TRT Haber

 

Many journalists threatened, obstructed and detained on day of local elections and afterwards

According to data compiled by Expression Interrupted, at least seven journalists were detained after the Local Administrations Elections on 31 March 2024, two journalists received death threats and several journalists were assaulted or faced obstructions.

The decision to appoint governing Justice and Development Party (AKP) candidate Zeydin Kaya as the Mayor of Van Metropolitan Municipality who came in second, instead of first-placed DEM Party candidate Abdullah Zeydan resulted in protests in several provinces.

Click here for a detailed report.

Former DİHA reporter Murat Verim released

Journalist Murat Verim, who has been imprisoned pending trial for 16 months over his journalistic activities was released from the Edirne Type F Closed Prison on 5 April 2024.

 

Now-defunct Dicle News Agency (DİHA) reporter Verim, who was detained in Greece in January 2023 was extradited to Turkey and was sent to prison by a court on grounds of having a finalized imprisonment sentence.

 

Verim was arrested due to the Court of Cassation approving his imprisonment sentence of 3 years. The sentence was issued by the Midyat High Criminal Court for the crime of “committing crimes on behalf of an illegal organization” in a case that was filed for “membership in a terrorist organization” in 2016.


Decision not to prosecute journalist Şükran Ekinci in “spreading false information” investigation

The İstanbul Chief Prosecutor’s Office launched an investigation against Artı TV news presenter Şükran Ekinci on suspicion of “disseminating misleading information” over a social media post.

The journalist gave a statement as part of the investigation, which resulted in a decision not to prosecute. The decision was based on “the case file containing no evidence that the social media post was conducive to disrupting the public peace” and that “legal elements of the crime had not formed.”

In an X (formerly Twitter) post dated 13 February 2024, about the mine collapse in the İliç district of Erzincan in February 2024, Ekinci had written, “While officials have said nine workers, Union of Chambers of Turkish Engineers and Architects Chamber of Metallurgy and Materials Engineers President Türkkolu has told T24 that the number of those trapped is five times the official figure. I hope he is wrong.”

RTÜK to investigate TRT Haber

Radio and Television Supreme Council (RTÜK) President Ebubekir Şahin has decided for an investigation to be launched into TRT Haber, following a request from Tuncay Keser and İlhan Taşçı, RTÜK members from the main opposition Republican People’s Party (CHP) quota, for an investigation into one-sided election broadcasts.

Journalist Perihan Kaya’s case adjourned until November

 

The fourth hearing in the trial of journalist Perihan Kaya on the charge of “membership in a terrorist organization” was held at the Diyarbakır 10th High Criminal Court on 5 April 2024.

 

The court ruled to await the outcome of the letter of instruction sent abroad to obtain a defense statement from Kaya.

 

The trial was adjourned until 1 November 2024.

 

Trial of Saturday Mothers/People adjourned until September

The 12th hearing in the trial of 46 people who were detained at the 700th meeting of the Saturday Mothers/People on 25 August 2018 on the charge of “participating in illegal meetings and not willingly dispersing despite warnings” (Law 2911 on Meetings and Demonstrations 32/1) was held at the İstanbul 21st Criminal Court of First Instance on 5 April 2024.

 

 

Some defendants and their lawyers were present at the hearing, which P24 monitored.

 

In her defense statement, defendant Sebla Arcan said, “We went to the square at around 09:30 on 25 August 2018. As usual the police were there. As it was early, I went to a teashop nearby. When I returned, there were a lot of police officers with security equipment in addition to routine officers. They did not let us gather. We tried to engage in dialogue but did not succeed. There was no police warning while we were being detained. I should add that we were notified of no decision to ban the gathering beforehand. Who should be in court today are the police officers who intervened unlawfully and subjected us to torture. I reject the charge. I request that the court take the Constitutional Court judgment into consideration and for this case which has been going on for three years to end in our acquittal.”

 

Delivering her defense statement after Arcan, Leman Yurtsever said, “The ones who should stand trial are those who resorted to torture to detain us. I reject the charge” and requested her acquittal. Defendants Ramazan Bayram and Ezgi Çelik also rejected the charge and requested their acquittal.

 

In her defense statement, Cihan Tosun, daughter of forcibly disappeared Fehmi Tosun, said “We are here for asking what happened to my father, what happened to my son, what happened to my spouse. After week 700, all demonstrations by the Saturday Mothers were banned. My mother and other relatives of disappeared persons were detained while going to a cemetery for unidentified and unclaimed persons. I reject all charges.”

Defendant Besna Tosun’s lawyer said that the defendants who had not yet provided statements would be prepared to do so in between hearings. The presiding judge said that if the defendants were to provide statements between hearings, the court would convey the case file to the prosecutor’s office for the preparation of the opinion. The trial was adjourned until 13 September 2024 for the completion of the missing elements in the case file.

Objection over court non-competence in damages action against journalist Furkan Karabay to be evaluated later

The first hearing of the action for non-pecuniary damages worth TL 250,000 filed by President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal against Gerçek Gündem news site editor Furkan Karabay over his social media posts was held at the İstanbul 32nd Civil Court of First Instance on 4 April 2024.

Karabay did not attend the hearing, while his lawyer Özge Naz Akkaya was present.

The court ruled for the case file at the İstanbul 46th Civil Court of First Instance to be conveyed through the National Judicial Network Informatics System (UYAP) and to evaluate Karabay's lawyer’s objection over non-competence later. The case was adjourned until 28 May 2024.

The day after he shared an X (formerly Twitter) post on 2 November 2023, Karabay was sued for a total of TL 500,000 in two different actions for damages filed by President Erdoğan’s son Bilal Erdoğan and former lawyer İnal.

Journalist Furkan Karabay’s trial for “insulting a public official” adjourned until September

The second hearing in trial of Gerçek Gündem news site editor Furkan Karabay on the charge of “insulting a public official” over his social media posts regarding appointments to deputy ministries was held at the Ankara 16th Criminal Court of First Instance on 3 April 2024.

The trial was adjourned to await a response to the writ conveyed to the İstanbul Chief Public Prosecutor’s Office to request the investigation files on Sezgin Baran Korkmaz and Mansimov Gurbanoğlu.

The next hearing was set for 18 September 2024.

Trial of journalists İzel Sezer and Doğan Ergün adjourned

The fifth hearing in the action for damages filed by AKP MP Ali İhsan Arslan against İleri Haber, İleri Haber editor-in-chief İzel Sezer and former editor-in-chief Doğan Ergün for “harm to personality rights” over a news item published on İleri Haber was held at the Ankara 20th Civil Court of First Instance on 4 April 2024.

Sezer and Ergün’s lawyers presented excuses not to attend the hearing.

The trial was adjourned until 16 May 2024.

Journalist Hacı Boğatekin acquitted after 16 years

 

Journalist Hacı Boğatekin was acquitted after the Court of Cassation overturned his imprisonment sentence. Boğatekin was acquitted at the first hearing held at the Adıyaman 1st High Criminal Court on 4 April 2022 for the trial on the charge of “praising an offense oer an offender.”

 

 

Boğatekin was sentenced to 1 year and 6 months of imprisonment on 25 June 2008 by the Malatya 3rd High Criminal Court for the crime of “terrorism propaganda” over his article titled “FETÖ ve Apo,” (FETÖ and Apo [Öcalan]”) which had been published in the 4 January 2008 edition of the Gerger Fırat newspaper. The 9th Penal Chamber of the Court of Cassation overturned the verdict, stating that any sentencing should have been issued for the crime of “praising an offense or an offender.” The local court then sentenced Boğatekin to 1 year of imprisonment for the crime of “praising an offense or an offender” on 27 June 2012 and ruled to postpone the trial on probation.

 

Hacı Boğatekin applied to the Constitutional Court against the verdict, but the court ruled on 23 May 2018 that the application was inadmissible as domestic remedies had not been exhausted. Upon being sentenced in an “insult” case on 4 June 2015, Boğatekin’s trial resumed at the Adıyaman 1st High Criminal Court, which sentenced Boğatekin to 1 year of imprisonment for the crime of “praising an offense or an offender” on 5 March 2019, in line with the Court of Cassation’s decision to overturn. The 8th Penal Chamber of the Court of Cassation approved the sentence by a majority.

 

Boğatekin then filed an application with the Constitutional Court for a second time on 27 January 2020. In its judgment, the Constitutional Court emphasized that Boğatekin is a journalist and stated that the application should take into account “that the subject of the newspaper column was related to societal issues and the applicant evaluated the matter in his capacity as a journalist.”

İsminaz Temel and Havva Cuştan’s trial on terrorism charges adjourned until July

The 26th hearing in the trial of 23 people, including Etkin News Agency (ETHA) editor İsminaz Temel, ETHA’s former reporter Havva Cuştan and lawyers for 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 4 April 2024.

 

Sezin Uçar, Özlem Gümüştaş, Ali Haydar Doğan and two other defendants were present at the hearing, which P24 monitored.

 

The court stated that another case filed against defendants Özlem Gümüştaş and Sezin Uçar had been merged with the current case. Asked for their defense statement in the merged case, Sezin Uçar and Özlem Gümüştaş requested time.

 

The court adjourned the trial until 3 July 2024 for defense statements for the merged file to be presented.

 

Ferhat Tunç’s trial adjourned

The 12th hearing in the trial of singer Ferhat Tunç on the charge of “terrorism propaganda” over his social media posts was held at the İstanbul 37th High Criminal Court on 4 April 2024.

 

The hearing, which Tunç’s lawyer presented an excuse not to attend, was held summarily. The court ruled to await the execution of the order for Tunç’s detention and adjourned the trial until 28 June 2024.

 

Journalists Osman Akın and Veysi Sarısözen’s trial adjourned until September

The 16th hearing in the trial of Yeni Yaşam newspaper managing editor Osman Akın and contributor Veysi Sarısözen on the charge of “terrorism propaganda” over news items and articles published in the newspaper was held at the İstanbul 13th High Criminal Court on 3 April 2024.

 

The hearing, which Akın and Sarısözen’s lawyers presented an excuse not to attend, was held summarily. The court ruled to await the execution of the order for Sarısözen’s detention and adjourned the trial until 5 September 2024.

 

Rojin Akın acquitted of “membership in a terrorist organization”

The third hearing in the trial of journalists Rojin Akın and Emrah Erdoğan on the charge of “membership in a terrorist organization” over travelling to Rojava in northern Syria in 2015 for reporting was held at the İstanbul 23rd High Criminal Court on 3 April 2024.

 

Akın’s lawyer Şule Recepoğlu was present at the hearing, which P24 monitored.

 

 

The prosecutor repeated their final opinion on the case presented at the first hearing on 11 December 2023 and requested sentencing for Akın and Erdoğan for the impugned crime.

 

Presenting a counter-statement against the opinion, lawyer Recepoğlu stated that her client Rojin Akın had travelled to Rojava for journalistic activities and said the following: “There is no evidence in the case file other than photographs. This is why we do not agree with the prosecution’s opinion. My client travelled to Syria to undertake professional activities. The circumstances at the time my client travelled there need to be taken into consideration. During the solution process, many journalists like my client travelled to Syria. The reports prepared on my client as part of the trial state that she has no connection with the terrorist organization. They also state that my client engaged in journalistic activities. My client has published books and news items and posted on social media as a journalist. There is no concrete evidence for the crime of membership in a terrorist organization. One cannot be claimed to be a member of an organization from photographs alone. We request her acquittal.”

 

The court ruled to acquit Akın on grounds that the defendant committing the impugned crime was not established. The court separated the case file for Emrah Erdoğan, who did not present a defense statement during the investigation, filed his case under a separate case number and ruled to issue a new order for the detention of Erdoğan.

 

Journalists Rojin Akın, Hayri Demir and Emrah Erdoğan were detained as part of an investigation in March 2017. The indictment for the case filed against Akın and Erdoğan seven years after the date of alleged actions, the interviews they carried out and the photos they took in Rojava in 2015 and their social media posts from there were listed as evidence.

 

Prosecutor requests sentencing for journalist Elif Akgül

The first hearing in the trial of journalist Elif Akgül on the charge of “terrorism propaganda” over her social media posts was held at the İstanbul 13th High Criminal Court on 2 April 2024.

 

Elif Akgül and her lawyer Fatih Aydın were present at the hearing, which P24 monitored.

 

Delivering her defense statement following identification, Akgül said, “I am a journalist and my posts subject to the case are about news content. For the crime of terrorism propaganda to be established, there needs to be a call to use force and violence. However, there is no call to use force or violence in my posts. I request my acquittal.”

 

Akgül’s lawyer Fatih Aydın spoke as follows: “My client is a journalist, and her posts are about news content. This investigation began with the police in Samsun searching open sources. The police no longer have authority to carry out such investigations, it can only be authorized by a prosecutor. However, there were no instructions from a prosecutor in this case. To launch an investigation against someone who is a journalist over her posting about the news is an exercise in absurdity. My client shared a news item published by Etkin News Agency (ETHA) about the use of chemical weapons with no comments. This is a violation of the freedom of the press and expression. Elements of the crime of propaganda have not formed through the posts. We request the acquittal of my client, who practiced her freedom of the press and expression and a court expert to examine the CD about the ETHA news item subject to the trial which we have included in the file.”

 

Presenting their final opinion on the case, the prosecutor requested sentencing for Akgül for the crime of “repeated terrorism propaganda.” Akgül and her lawyer requested time to set up their counter-statement.

 

The court accepted the request for time and adjourned the trial until 27 June 2024.

The Samsun Directorate of Security began an investigation into Akgül’s social media posts on 21 November 2022. It sent its report to the Samsun Counter-Terrorism Branch Directorate on 23 November 2022. The Samsun Chief Prosecutor’s Office conveyed the file to the İstanbul Chief Prosecutor’s Office due to non-competence. The indictment filed by the İstanbul Chief Prosecutor’s Office listed Akgül’s retweet of the ETHA news item dated 18 October 2022 about the Turkish Armed Forces allegedly using chemical weapons in northern Iraq, and tweet about Afrin she posted on 20 January 2018 as evidence.

At least 28 journalists and media workers in prison

As of 5 April 2024, following the release of journalist Murat Verim there are at least 28 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here.

 

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