Demirören pressures DHA reporter not to publish “Eylem Tok" story; Sinan Aygül’s jail term for “spreading false information” overturned; two journalists detained in home raids in Diyarbakır; journalists handed jail term in Özgürlükçü Demokrasi retrial

Demirören pressures DHA reporter not to publish “Eylem Tok" story

Demirören News Agency (DHA) reporter Rojda Altıntaş has announced that Yıldırım Demirören’s spouse Revna Demirören's driver had called her on the phone and prevented a news item concerning the incident in which a person was killed in a car accident involving the 17-year old son of writer Eylem Tok from being published.

Altıntaş also shared a voice recording on X to back up her claim. It is claimed that a person whose voice can be heard on the phone spoke to DHA reporter Rojda Altıntaş to prevent the news item from being published.

17-year-old T.C., who hit the ATVs on the side of the road while in driving in Eyüpsultan on 1 March 2024, killing one person and injuring four others, and his mother writer Eylem Tok escaped to Egypt from İstanbul Airport and then travelled to the USA. The İstanbul Chief Prosecutor’s Office later issued an order for the detention of T.C. and Eylem Tok.

Journalist Sinan Aygül’s jail term for “spreading false information” overturned

The Court of Cassation has overturned the 10 months of imprisonment sentence for the crime of “spreading false information” issued to Sinan Aygül, the first journalist to be tried and sentenced for this crime.

Aygül was imprisoned on 14 December 2022 over his social media posts concerning claims of sexual assault against a child and was released on 22 December 2022 upon the objection of his lawyers. On 28 February 2022, the Tatvan Criminal Court of First Instance sentenced Aygül to 10 months of imprisonment.

The appeal Aygül and his lawyers filed with the Van Regional Court of Justice was rejected on 26 May 2023. Aygül’s lawyers then applied to the appellate court.

Examining the appeal, the 8th Criminal Chamber of the Court of Cassation ruled unanimously to overturn the ruling concerning Aygül issued by the 2nd Criminal Chamber of the Van Regional Court of Justice. The Court of Cassation ruling cites the justification of the proposed law on Turkish Penal Code article 217/A which was submitted to the Grand National Assembly of Turkey.

This was the first time a ruling on an article 217/A charge, which was added to the Turkish Penal Code in October 2022, was overturned.

 

Two journalists detained in home raids in Diyarbakır

Journalists Nurcan Yalçın and Derya Us were detained in home raids carried out in Diyarbakır on 6 May 2024.

Following interrogation at the Diyarbakır Courthouse, Us and Yalçın were released under judicial control measures by the Criminal Court of Peace on duty on 7 May 2024.

The journalists were charged with “membership in a terrorist organization” and “violating the law on the prevention of funding a terrorist organization.”

Access to journalist Ahmet Kanbal’s X account blocked

Journalist Ahmet Kanbal has announced that access to his X account had been blocked.

Announcing the development on his X account on 7 May 2024, Kanbal wrote “Access to my account in Turkey has been blocked by a court order. Until I can file the necessary objections and get back my account, I will be using this account.”

Barış Terkoğlu’s “insult” case adjourned until next week

The third hearing in the trial of journalist Barış Terkoğlu on the charge of “insult” was held at the İstanbul Anadolu 27thCriminal Court of First Instance on 10 May 2024. The case was filed upon a compliant by Sabah newspaper contributor Hilal Kaplan's former spouse Süheyb Öğüt over the interview titled “Pelikancıların İstanbul Savaşı” (“The İstanbul wars of the Pelican Group”).

The prosecutor presented their final opinion on the case, stated that the interview subject to the case falls within the limits of freedom of thought and expression, and requested the acquittal of journalist Barış Terkoğlu as the “legal elements of the crime had not formed.”

Öğüt’s lawyer requested time to set up a statement against the prosecutor’s opinion. The court accepted the request and adjourned the trial until 17 May 2024.

Artist Zehra Doğan acquitted

The retrial of artist Zehra Doğan on the charge of “terrorism propaganda” began at the Mardin 2nd High Criminal Court on 9 May 2024. Doğan was detained and placed in pretrial detention in Mardin for sharing news about the curfews as a practicing journalist at the time.

The retrial began after Doğan’s lawyers objected to the imprisonment sentence of 2 years 9 months and 22 days issued to their client and the Court of Cassation overturned the sentence. Doğan did not attend the hearing, while her lawyer Emrah Akbulut was present.

Presenting their final opinion on the case, the prosecutor requested Doğan’s acquittal, as the impugned action “was not defined as a crime in the law.”

Doğan’s lawyer Akbulut stated that they believed his client has not posted anything that would require her to be sentenced, and requested Doğan’s acquittal.

The court ruled to acquit Doğan due to elements of the impugned crime not having formed.

Return of confiscated materials ordered in trial of 20 journalists in Diyarbakır

The fourth hearing in the trial of 18 journalists on the charge of “membership in a terrorist organization” over allegedly producing content for TV channels broadcasting abroad was held at the Diyarbakır 4th High Criminal Court on 9 May 2024. With the merger of the cases against director Berivan Karatorak and camera operator Mehmet Servet Yiğen, the indictments against whom were filed between hearings, the number of journalists on trial rose to 20.

Journalists Ömer Çelik, Serdar Altan, Elif Öngür, Zeynel Abidin (Rohat) Bulut, Berivan Karatorak, Esmer Tunç, Mehmet Servet Yiğen, Mehmet Şahin and Kadir Bayram, who are free pending trial, and their lawyers were present at the hearing. The journalists’ lawyer Resul Temur was accompanied by many other lawyers. One of the witnesses heard at the trial attended via the judicial videoconferencing system (SEGBİS), while the other witness was present in the courtroom. Observers from the Amsterdam Law Clinic, representatives of many journalists’ organizations, as well as colleagues of the journalists on trial observed the hearing.

Following a short recess before the interim order, the panel of judges read out its orders to the reconvened hearing.

The court lifted the judicial control measure of having to sign her name at police station on regular basis for Berivan Karatorak and rejected the request to remove the ban on travelling abroad for all journalists.

The court ordered the return of the confiscated digital/electronic materials of the journalists and ordered the post haste request of the search and confiscation reports concerning the month-long police search at the premises of the production companies from the Diyarbakır Chief Prosecutor’s Office and the Counter-Terrorism Branch.

The date for the next hearing was set as 19 November 2024.

Click here for a detailed report.

Outcome of finalized case to be awaited in the action for damages against journalist Faruk Arhan

The third hearing in the action for non-pecuniary damages worth TL 50,000 filed by former AKP MP for Erzurum Zehra Taşkesenlioğlu against journalist Faruk Arhan was held at the Ankara Gölbaşı 1st Civil Court of First Instance on 9 May 2024.

At the end of the e-hearing, the court adjourned the trial until 12 September 2024 to await the outcome of the verdict issued by the Ankara 25th Criminal Court of First Instance in the criminal case filed against Faruk Arhan upon the compliant of Taşkesenlioğlu.

Journalists sentenced to imprisonment in the Özgürlükçü Demokrasi retrial

The 11th hearing in the retrial of former employees of the Özgürlükçü Demokrasi newspaper on charges of “membership in a terrorist organization,” “terrorism propaganda,” “inciting the people to hatred and enmity” and “praising an offense or an offender” was held at the İstanbul 23rd High Criminal Court on 9 May 2024. Özgürlükçü Demokrasi was shut down in 2018 by statutory decree (KHK).

 

Defendant İshak Yasul and lawyers for the defendants were present at the hearing, which P24 monitored.

The prosecutor who repeated their final opinion on the case presented on 7 April 2022 requested sentencing for editors Hicran Urun, Mehmet Ali Çelebi and Reyhan Hacıoğlu, managing editor İshak Yasul, licensed publisher İhsan Yaşar and head of staff Pınar Tarlak for the crimes of “membership in a terrorist organization,” “terrorism propaganda” and “repeatedly printing and publishing terrorist organization’s publications.”

The prosecutor requested the acquittal of Mizgin Fendik, the newspaper’s distribution officer in Yüksekova, Hakkari, on the grounds that he could not be held responsible for the contents of the newspaper.

The court sentenced Mehmet Ali Çelebi to 3 years 9 months of imprisonment and Reyhan Hacıoğlu, İhsan Yaşar, İshak Yasul and Hicran Urun each to 3 years 1 month and 15 days of imprisonment for the crime of “aiding a terrorist organization without being its member.”

Judicial control measures on the defendants were lifted.

Click here for a detailed report.

Maltepe University rector’s action for damages against journalist Hayri Demir dismissed

The second hearing in the action for non-pecuniary damages against journalist Hayri Demir and Gazete Pencere filed by Maltepe University Rector Prof. Dr. Edibe Sözen was held at the İstanbul 8th Civil Court of First Instance on 9 May 2024. The case was filed over the news item titled “AKP’nin ‘propaganda grubunun yöneticisi rektör çıktı” (AKP ‘propaganda group’ administrator turns out to be rector), which appeared in Gazete Pencere on 2 April 2023.

 

Observers and the press were not admitted to the hearing, in which lawyers for the parties were present. The plaintiff requested the case to be accepted, while defendants Demir and Gazete Pencere requested its dismissal.

 

The court ruled to dismiss the case.

 

Click here for a detailed report.

 

Furkan Karabay acquitted for the second time in the same case

The first hearing in the trial of journalist Furkan Karabay on the charge of “publicly and repeatedly insulting a public official” filed upon a complaint by İstanbul Justice Commission President Bekir Altun was held at the İstanbul 51stCriminal Court of First Instance on 9 May 2024.

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

Presenting their final opinion on the case, the prosecutor said that the posts fell within the limits of freedom of the press and requested Karabay’s acquittal.

The court ruled that the previous ruling for Karabay’s acquittal taken through the simple trial procedure was procedural and legal, and ruled to acquit Karabay again.

Click here for a detailed report.

Trial of Elif Akgül and Haluk Kalafat adjourned once more

The fourth hearing in the trial of journalists Elif Akgül and Haluk Kalafat on the charge of “publicly denigrating the Turkish nation” was held at the İstanbul 2nd Criminal Court of First Instance on 9 May 2024.

Akgül, Kalafat and their lawyers were present at the hearing, which P24 monitored.

Akgül and Kalafat’s lawyer Veysel Ok said, “The journalists reported under the freedom of expression. We request their acquittal.” Lawyer Ok presented the court with copies of the İstanbul 51st Criminal Court of First Instance’s ruling to acquit Human Rights Association Co-Chair Eren Keskin in the case on the same charge over a statement concerning the Armenian Genocide and the Diyarbakır 9th High Criminal Court’s ruling to acquit members of the Diyarbakır Bar Association in the case filed over their statements concerning the genocide.

The court adjourned the trial until 2 July 2024 to examine the rulings presented by Ok.

Two imprisoned defendants released in assault on journalist case

The first hearing in the trial of two people, who fired on Başka Gazete Editor-in-Chief Yaman Kaya's car in Bursa, on the charge of “attempted murder” was held at the Bursa 6th High Criminal Court on 8 May 2024.

The panel of judges only allowed two newspapers to observe the trial due to the small space available in the courtroom. The journalists who were not let inside were not also permitted to wait in the hallway outside.

The prosecutor for the hearing presented their opinion for the release of the defendants who were imprisoned pending trial, given the state of evidence in the case file.

The court ruled to release the two defendants and adjourned the trial until 2 October 2024.

Click here for a detailed report.

Journalist and writer Ercan Aktaş’s trial adjourned until October

The 23rd hearing in the trial of journalist and writer Ercan Aktaş on charges of “dissuading people from military service” and “terrorism propaganda” was held at the Bakırköy 2nd High Criminal Court on 8 May 2024.

The court ruled to start proceedings to obtain Aktaş's statement in his country of residence and to await the execution of the order for Aktaş’s detention.

The trial was adjourned until 2 October 2024.

Sinan Aygül case: Plaintiff withdraws complaint, Aygül declines

The first hearing in the trial of Bitlis Journalists Association Chair Sinan Aygül on the charge of “insult” was held at the Tatvan 1st Criminal Court of First Instance on 8 May 2024. Aygül is on trial for “insulting” Tatvan Mayor Mehmet Emin Geylani’s bodyguard Yücel Baysalı, after being attacked by the mayor’s two bodyguards, one of whom is a police officer.

Sinan Aygül and his lawyers, as well as complainant party Yücel Baysalı and his lawyer were present at the hearing, which P24 monitored.

Speaking after Aygül’s defense statement, plaintiff Yücel Baysalı said he was withdrawing his complaint. Upon Aygül stating “I reject the withdrawal of the complaint. I want the trial to continue and the stain on this court to be removed,” the court ruled to issue a writ to the Tatvan Directorate of Security to clearly establish the date and time of the press statement Aygül made there.

The trial was adjourned until 5 June 2024.

Click here for a detailed report.

Court orders Altan, Çongar, Baransu and Oğur to pay damages

The final hearing in the action for damages filed by retired General Çetin Doğan against Ahmet Altan, Yasemin Çongar, Mehmet Baransu, Yıldıray Oğur and the Taraf newspaper over reporting on the “Balyoz coup plan” which appeared in the newspaper in 2010 was held at the Anadolu 9th Civil Court of First Instance on 8 May 2024.

The court ruled to dismiss the case against the Taraf newspaper on grounds of procedure due to the lack of meeting trial conditions and accepted the case against the other defendants.

According to the court ruling, the defendants are to pay Çetin Doğan TL 50,000 in damages over the five news items which were published in Taraf in January 2010.

Click here for a detailed report.

Rüstem Batum’s trial adjourned until October

The 22nd hearing in the trial of journalist Rüstem Batum on the charge of “denigrating the institutions of the state” was held at the İstanbul 43rd Criminal Court of First Instance on 7 May 2024.

The hearing, which Batum’s lawyers presented an excuse not to attend, was held summarily. The court ruled to await the execution of the order for Batum’s detention and to convey the letter rogatory documents to a translator for translation. The trial was adjourned until 10 October 2024.

Batum’s statements on the TV program “Ayşegül Doğan ile Gündem Müzakere,” which was broadcast on İMC TV on 10 September 2015, are cited as evidence of the charge against him.

Journalist Delal Akyüz cannot attend hearing due to house arrest

The 7 May 2024 hearing in the retrial of Mezopotamya Agency (MA) reporter Delal Akyüz on the charge of “knowingly and willingly aiding a terrorist organization” was held at the İzmir 20th High Criminal Court.

Akyüz’s defense was taken up by lawyers from the Media and Law Studies Association (MLSA) and Lawyers for Freedom Association (ÖHD). Delal Akyüz could not attend the hearing in his own trial as he was placed under house arrest in another case.

Akyüz could not provide a statement against the allegations against him at his trial for “knowingly and willingly aiding a terrorist organization.”

The trial was adjourned until 5 November 2024.

Şebnem Korur Fincancı’s case adjourned until July

The third hearing in the action for damages filed by the Ministry of National Defense against Turkish Medical Association (TTB) Central Council President Şebnem Korur Fincancı was held at the Ankara 2nd Civil Court of First Instance on 7 May 2024.

The hearing was held summarily, as the parties had presented excuses not to attend.

The trial was adjourned until 4 July 2024.

Korur Fincancı is on trial for opinions she expressed in a live broadcast on Medya Haber.

Musician Ferhat Tunç’s trial adjourned until January 2025

The 16th hearing in the trial of musician and activist Ferhat Tunç on the charge of “insulting the president” over social media posts he shared in 2016 was held at the Büyükçekmece 14th Criminal Court of First Instance on 7 May 2024.

Tunç did not attend the hearing and his lawyer Fatma Hopikoğlu also provided an excuse not to attend.

The prosecutor requested the missing elements in the case file to be completed.

The court ruled to await the execution order for Tunç’s detention and adjourned the trial until 21 January 2025.

Trial begins in journalist Sibel Yükler’s case against the Ministry of Treasury and Finance

The trial has gotten underway in the case filed by journalist Sibel Yükler against the Ministry of Treasury and Finance, over being unrightfully detained, her freedom being limited through judicial control measures and the confiscation of her computer and mobile phone.

The first hearing was held at the Ankara 24th High Criminal Court on 7 May 2024.

The hearing was held summarily, and the trial was adjourned.

At least 32 journalists and media workers in prison

 

As of 10 May 2024 there are at least 32 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here