Osman Kavala’s retrial request rejected; seven Nationalist Hearths administrators given jail term; case filed against Sinan Aygül on charge of “threat;” two journalists acquitted in two cases

Osman Kavala’s retrial request rejected

On 13 May 2024, the İstanbul 13th High Criminal Court unanimously rejected the request for a retrial by businessperson and philanthropist Osman Kavala, who was sentenced to life imprisonment in the “Gezi Park” case.

The decision was taken immediately after the panel of judges of the İstanbul 13th High Criminal Court was replaced. Kavala’s lawyers had requested the exclusion of the president and members of the panel of judges in the original trial from the panel that would consider the retrial request and that the İstanbul 14th High Criminal Court had accepted their request and formed a new panel consisting of judges who had not taken part in the original trial.

Kavala’s lawyer Hilal Zengin filed the request for a retrial based on the European Court of Human Rights judgment on 30 April 2024.

Click here for details on the background of the case.

Case filed against journalist Sinan Aygül on charge of "threat"

A case has been filed against Bitlis Journalists Association President Sinan Aygül on the charge of “threatening” the two bodyguards of Tatvan Mayor Mehmet Emin Geylani, one of whom is a police officer, who assaulted him. The indictment also charges Aygül’s older brother Ahmet Aygül with “threat” and “insult.”

The indictment also claims that municipality personnel were threatened through text messages.

The prosecutor has requested Sinan Aygül to be tried on the charge of “threatening by more than one person.” Ahmet Aygül is to be tried on the charge of “insult via an audio, written or visual message” as well as “threatening by more than one person.” The first hearing in the trial at the Tatvan 1st Criminal Court of First Instance is set for 18 September 2024.

At the trial on the charge of “insult” filed by the perpetrators against Sinan Aygül, the journalist was sentenced to 2 months and 5 days of imprisonment.

Sinan Aygül was assaulted by Geylani’s bodyguards on 17 June 2023. Following the incident, the perpetrators were suspended from duty and arrested, but were released at the end of the first hearing. At the final hearing held on 25 January 2024, the perpetrators were sentenced to 1 year 5 months and 15 days of imprisonment for the crime of “willful injury by arms” and the sentence was deferred.

Journalist Barış Terkoğlu acquitted of “insult”

The fourth hearing in the trial of journalist Barış Terkoğlu on the charge of “insult” upon a complaint filed by Süheyb Öğüt over an interview he gave to the BirGün newspaper concerning the “Pelican structure” was held at the İstanbul Anadolu 27th Criminal Court of First Instance on 17 May 2024.

While Terkoğlu did not attend the hearing, his lawyer Enes Hikmet Ermaner was present.

At the hearing, which Süheyb Öğüt's lawyer presented an excuse not to attend, the prosecutor repeated their final opinion on the case presented at the hearing on 10 May 2024 and requested Terkoğlu’s acquittal.

The court ruled to acquit Terkoğlu as “legal elements of the crime had not formed.”

Journalists İzel Sezer and Doğan Ergün’s trial adjourned until July

The sixth hearing in the action for damages filed by AKP MP Ali İhsan Arslan against İleri Haber news site Editor-in-Chief İzel Sezer, former editor-in-chief Doğan Ergün and the news site itself for “attack on personality rights” over a news item published on İleri Haber in 2021 was held at the Ankara 20th Civil Court of First Instance on 16 May 2024.

While Sezer and Ergün did not attend the hearing, their lawyer Ahmet Faruk Ümüt was present.

The trial was adjourned until 1 July 2024.

Furkan Karabay’s trial over “marking as a target” begins

The first hearing in the trial of journalist Furkan Karabay on the charge of “marking those assigned with the fight against terrorism as targets” and “insulting a public” was held at the İstanbul 24th High Criminal Court on 16 May 2024. The charges against Karabay are based on his social media posts and the news item titled “Mafya davasında rüşvet kavgası tutanaklarda: Polis nereye bıraktıysa oradan aldı, konuşursam çarşı pazar karışır,” (Minutes show bribery fight in mafia case: Police picked it up right where they dropped it off; What I could tell would cause an uproar) which was published in the Gerçek Gündem newspaper.

 

Karabay and his lawyer were present at the hearing, which P24 monitored.

 

Delivering his defense statement following identification, Karabay said the following: “I do not trust this courthouse and the courts in it. We are first hanged and then tried. I was detained a day after the news item was published. The prosecutor who interrogated me clearly threatened me, saying ‘You will not walk out a free man.’ And that was what happened. I was arrested due to risk of flight, but I was already under a ban on travelling abroad. I did not a file a complaint against the prosecutor, because I have no trust in the judiciary. Even if I had filed an official complaint, I know it would have resulted in a decision not to prosecute.”

The presiding judgeasked Karabay, “Which department did you graduate from?” Upon Karabay replying that he had studied journalism, the presiding judge asked Karabay whether he had a press card. Karabay said he did not have a press card. The presiding judge then said, “How can you practice journalism without a press card? Just as one cannot be a lawyer without a bar association cards, one cannot be a journalist without a press card. You are claiming to be practicing journalism” and asked Karabay whether he had allowed the people named in the news item subject to the trial a chance to respond and comment. Karabay said he had phoned the İstanbul Chief Prosecutor’s Office to ask about the claims but did not get a response. Karabay added that he had used the court minutes to prepare the news item and stated “It is not a crime to report on court minutes. I wrote about something newsworthy. There was no case of ‘marking as a target’ or ‘insulting’” and requested his acquittal.

As Karabay’s lawyer Enes Hikmet Ermaner submitted his defense statement, the presiding judge interrupted him by saying “Let us sum up.” Lawyer Ermaner responded, “My client is being tried on terrorism charges. You cannot ask me to keep my defense statement short. I am just beginning my defense statement” and continued: “As a court reporter, my client has written about the corruption in the Turkish judiciary. Judges and prosecutors who sign controversial decisions thereby make their names public. Their identity is not secret. Elements of the crime of marking as targets have not formed. I request the lifting of the ban on my client travelling abroad.”

The court ruled to keep in place the ban on Karabay travelling abroad and to convey the case file to the prosecutor’s office for their final opinion on the case to be filed. The trial was adjourned until 2 July 2024.

Karabay was imprisoned pending trial on the charge of “marking those assigned with the fight against terrorism as targets” over the news item and social media posts subject to the post by the İstanbul 7th Criminal Court of Peace on 29 December 2023. Upon an objection filed against his imprisonment, Karabay was released on 8 January 2024 under obligation to sign his name at the police station once a week and international travel ban.

Journalist Hayri Demir’s “terrorism” case adjourned until September

The fourth hearing in the retrial of journalist Hayri Demir on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Ankara 15th High Criminal Court on 15 May 2024.

The trial was adjourned until 18 September 2024.

Court keeps in place ban on MA reporter Mehmet Şah Oruç travelling abroad

The fourth hearing in the trial of Mezopotamya Agency (MA) reporter Mehmet Şah Oruç on charges of “membership in a terrorist organization” and “terrorism propaganda” over his news items and social media posts was held at the Bitlis 2ndHigh Criminal Court on 14 May 2024.

Oruç and his lawyer Resul Temur attended the hearing.

Delivering his defense statement, Oruç said he was on trial for being a journalist and requested his acquittal. Announcing its interim order following lawyer Temur’s defense statement, the court ruled to lift the requirement for Oruç to sign his name at the police station and to keep in place the ban on him travelling abroad.

The trial was adjourned until 26 September 2024.

Journalist Oruç was detained on 25 April 2023 on suspicion of “membership in a terrorist organization” in a Diyarbakır-based investigation and was jailed on 27 April 2023. Oruç was released under judicial control measures at the end of the second hearing held at the Bitlis 2nd High Criminal Court on 31 October 2023.

Journalist İdris Yılmaz acquitted

Journalist İdris Yılmaz was acquitted in the retrial over his news item concerning Fatih Çiftçi, a former mayor of Erciş The Court of Cassation had overturned the previous verdict ordering Yılmaz to pay an administrative fine of TL 6,000.

The first hearing in Yılmaz’s retrial was held at the Ankara 6th Criminal Court of First Instance on 14 May 2024. Yılmaz and his lawyer Savaş Avcı attended the hearing from the Erciş Courthouse via the judicial videoconferencing system.

Delivering his defense statement following identification, Yılmaz said, “As the decision to overturn states, no insulting took place. The co-plaintiff was an elected official at the time I made the news item. I did not add this expression with an intent to insult. It was criticism. What I did was criticizing, not insulting.”

The prosecutor requested Yılmaz’s acquittal in their final opinion on the case.

At the end of the hearing, the court acquitted Yılmaz, as the “impugned action was not defined as a crime in the law.”

Yılmaz had prepared a news item titled “Hırsıza ödül, hizmete kelepçe,” (Thief rewarded, services handcuffed) upon the appointment of a public administrator to Erciş Municipality in 2016. Following the publication of the news item, former Erciş Mayor and then Deputy Minister of Customs and Trade Fatih Çiftçi filed a criminal complaint with the Press Office of the Ankara Chief Prosecutor’s Office for “praising an offense or an offender.” Although a decision not to prosecute was issued over the initial complaint, Çiftçi then filed a second criminal complaint for “insult” through his lawyers. At the end of the trial overseen by the Ankara 6th Criminal Court of First Instance, the expression “hırsız” (thief) in the news item was found to constitute the crime of insult and Yılmaz was ordered to pay an administrative fine worth TL 6,000. Yılmaz appealed to the Court of Cassation and on 25 December 2023; the 4th Criminal Chamber of the Court of Cassation overturned the ruling and requested acquittal on the grounds that “ECtHR jurisprudence requires that officials who are tasked with certain administrative duties must be more tolerant of criticism of their statements and actions.”

Trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan adjourned until July

The 20th hearing in the trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan on the charge of “resisting to prevent fulfilment of duty” was held at the Antalya 25th Criminal Court of First Instance on 14 May 2024.

No parties attended the hearing.

The trial was adjourned until 16 July 2024.

Trial of Ferhat Çelik and Osman Akın adjourned

The fourth hearing in the trial of Yeni Yaşam newspaper editor-in-chief Mehmet Ferhat Çelik and managing editor Osman Akın on charges of “insult” and “defamation” over reporting on Sedat Peker’s claims regarding Serhat Albayrak was held at the İstanbul 2nd Criminal Court of First Instance on 14 May 2024.

The hearing was held summarily due to the judge for the İstanbul 2nd Criminal Court of First Instance being on leave and the trial was adjourned until 24 October 2024.

Actor İlyas Salman’s trial for “insulting the president” adjourned

The fourth hearing in the trial of actor İlyas Salman on the charge of “insulting the president” over his statement “Erdoğan’ı o koltuğa layık görmüyorum” (“I do not find Erdoğan worthy of that position”) in an interview he gave to the BirGün newspaper on 1 August 2022 was held at the İstanbul 2nd Criminal Court of First Instance on 14 May 2024.

The hearing was held summarily due to the judge for the İstanbul 2nd Criminal Court of First Instance being on leave and the trial was adjourned until 5 November 2024.

Seven Nationalist Hearths administrators who attacked a TV network sentenced to imprisonment

The trial of seven Nationalist Hearths administrators who attacked the Deniz Postası TV network in Kayseri on 9 April 2022 and assaulted journalists and a municipal council member and journalists with sticks was concluded on 14 May 2024.

At the end of the 25-months long trial held at the Kayseri 1st High Criminal Court, each of the seven defendants were sentenced to 11 years and 4 months of imprisonment for the crimes of “actual bodily harm,” “violation of business inviolability through force or threats,” “property damage,” “depriving persons of liberty through force or threats” and “repeatedly preventing the enjoyment of the freedom of belief, thought and opinion.”

Municipal assembly member and businessperson Sedat Kılınç, who had resigned from the Nationalist Movement Party (MHP) to protest the expulsion of MHP MP for Kayseri Baki Ersoy from the party arrived at the Deniz Postası TV network on 8 April 2022 to participate in a TV show. A group of approximately 50 Nationalist Hearths members attacked the TV network with five minutes to go before the live program and assaulted both editor-in-chief Azim Deniz and Sedat Kılınç.

At least 32 journalists and media workers in prison

As of 17 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