Three imprisoned journalists released; two journalists acquitted in two cases; prosecutor requests sentencing for Emre Orman; “agents of influence” article to be redrafted

Three imprisoned journalists released pending trial

Imprisoned Mezopotamya Agency (MA) reporters Esra Solin Dal and Mehmet Aslan as well as journalist Erdoğan Alayumat were released pending trial on 21 May 2024.

The journalists were released under judicial control measures of a “ban on travelling abroad” and “not leaving their settlement of residence” by the İstanbul 25th High Criminal Court, which had admitted the indictment against the journalists on 8 May 2024. The prosecutor objected to the release of the journalists.

The indictment requests sentencing for the journalists on the charge of “membership in a terrorist organization.” In the indictment, the journalists following press statements and contacting people who delivered the press releases and the news sources they interviewed were cited as elements of “crime.”

The journalists were placed in pre-trial detention by the court which they appeared before on 26 April 2024 as part of an İstanbul-based investigation.

“Agents of influence” article expected to be a part of the 9th Judicial Package to be redrafted

According to a report by ANKA, the debate on the 9th Judicial Package has led to the decision to redraft some proposed articles. It was stated that the article which defines a “new type of espionage crime,” widely referred to as the “agents of influence” article, is to be redrafted.

According to reports, some articles in the 9th Judicial Package, which have been the focus of criticism, are to be redrafted. The article which makes those carrying out or commissioning research about Turkish citizens, organizations and institutions in line with the interests of a foreign state or organization is expected to be clarified.

Gazete Duvar contributor Bahadır Özgür to appear before court for “denigrating Republic of Turkey”

A case was filed against Gazete Duvar contributor Bahadır Özgür on the charge of “denigrating the state of the Republic of Turkey and the judicial organs of the state” over a speech he delivered at the Mudanya Book Fair on 2 October 2022.

The indictment, which was filed by the Mudanya Prosecutor’s Office, was accepted by the Mudanya 1st Criminal Court of First Instance.

At a talk held at the Mudanya Book Fair along with Workers’ Party of Turkey (TİP) MP Ahmet Şık, Bahadır Özgür had spoken about the contents of the book “Duvar: Sedat Peker’in İtiraf, İfşa ve İddiaları,” which he co-wrote with Timur Soykan, Ahmet Şık, Ertuğrul Mavioğlu and Hakkı Özdal. The book contains studies of mafia-politics relations.

Actions for damages filed by Bilal Erdoğan against journalist Furkan Karabay begins

The first hearing in the action for non-pecuniary damages filed by Bilal Erdoğan, son of President Recep Tayyip Erdoğan, against journalist Furkan Karabay was held at the İstanbul 45th Civil Court of First Instance on 23 May 2024. The case was brought over Karabay’s social media post concerning the petition filed by former İstanbul Anadolu Chief Prosecutor İsmail Uçar with the Council of Judges and Prosecutors (HSK).

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

Bilal Erdoğan’s lawyer said, “My client’s personality rights were attacked with untrue statements. The defendant is trying to disguise illegal actions using his profession of journalism,” and requested the action to be accepted.

Karabay’s lawyer Özge Naz Akkaya requested the court to rule for non-competence, stating that the plaintiff was unable to demonstrate that they had suffered harm in İstanbul. Regarding the post in question, lawyer Akkaya requested that the criminal case underway at the İstanbul 47th Criminal Court of First Instance be considered a preliminary element and for the action to be dismissed.

The court ruled to request the case file from the İstanbul 47th Criminal Court of First Instance. The trial was adjourned until 14 November 2024.

Tuncay Özdamar’s action against the State Treasury adjourned

The first hearing in the action for damages filed by WDR Cosmo Turkish Manager Tuncay Özdamar against the State Treasury for being detained and held in custody for 14 hours at Ankara Esenboğa Airport was held at the İstanbul 15thHigh Criminal Court on 23 May 2024.

Özdamar’s lawyer was present at the hearing, which P24 monitored.

The court adjourned the trial until 20 September 2024 for the missing elements in the case file to be completed.

Özdamar was detained on 30 September 2023 during passport control at Esenboğa Airport, while travelling to visit his sick mother. After being held at the airport detention room for 14 hours, Özdamar was released upon providing a statement to the prosecutor on call at the Ankara Courthouse.

Final hearing in the trial of Gözde Bedeloğlu for “insulting a public official” to be held in November

The third hearing in the trial of BirGün newspaper contributor Gözde Bedeloğlu on the charge of “insulting a public official” over a complaint filed by Nationalist Movement Party (MHP) MP Sermet Atay was held at the İstanbul 2ndCriminal Court of First Instance on 23 May 2024.

Bedeloğlu’s lawyer was present at the hearing, which P24 monitored. Atay’s lawyer presented an excuse not to attend.

The prosecutor repeated their final opinion on the case presented at the previous hearing and requested sentencing for Bedeloğlu for the impugned crime.

Bedeloğlu’s lawyer Tolgay Güvercin repeated the written defense statement he had provided, saying that elements of the crime had not formed and requested the acquittal of his client.

The court adjourned the trial until 12 November 2024 to examine the written defense statement presented by lawyer Güvercin.

Bedeloğlu is on trial for her article titled “Dünden bugüne ‘devleti koruyanlar,” (Those ‘protecting the state’ from the past until the present), which was published on BirGün’s website on 9 April 2023.

Charlie Hebdo trial adjourned

The sixth hearing in the trial of Charlie Hebdo magazine’s general director Julien Serignac, Managing Editor Gerard Biard, Editor-in-Chief Laurent Sorurisseau and cartoonist Alice on the charge of “insulting the president” was held at the Ankara 2nd Criminal Court of First Instance on 23 May 2024.

The hearing was held summarily, and the trial was adjourned as the presiding judge was on leave. It was stated that the date of the next hearing would be held later.

An investigation was launched into the cartoon featuring the photograph of President Recep Tayyip Erdoğan in the 28 October 2020 issue of the French magazine and four magazine employees were charged with “insulting the president” in the indictment filed by the Ankara Chief Prosecutor’s Office.

Xwebûn newspaper Managing Editor Mehmet Ali Ertaş’s retrial adjourned until October 2024

The 22 May 2024 hearing in the trial of Xwebûn newspaper managing editor Mehmet Ali Ertaş on the charge of “terrorism propaganda” was held at the Diyarbakır 9th High Criminal Court.

Ertaş and his lawyer Resul Temur attended the hearing.

The panel of judges ruled to convey the case file to the prosecutor’s office for the final opinion to be filed. The trial was adjourned until 10 October 2024.

Journalist Ertaş was sentenced to 1 year and 3 months of imprisonment in the case filed against him over social media posts shared in 2015 and 2016 and the sentence was deferred. After the court presented its reasoned decision, Ertaş’s lawyer appealed to the Constitutional Court in 2017. Following the pilot decision of 5 July 2022, in which the Constitutional Court ruled on many applications resulting from the lack of recourse to appellate courts and the Court of Cassation for deferment of the sentence rulings, Ertaş applied to the Diyarbakır 9th High Criminal Court to request a retrial. In its pilot decision, the Constitutional Court found a violation of “the freedom of expression and the right to hold meetings and demonstrations guaranteed by articles 26 and 34 of the Constitution.”

“Gezi case” retrial of Yapıcı, Ekmekçi and Altınay adjourned

The second hearing in the retrial of Mücella Yapıcı, Yiğit Ali Ekmekçi and Ali Hakan Altınay on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the İstanbul 13th High Criminal Court on 22 May 2024. The defendants’ retrial had begun after the 3rd Criminal Chamber of the Court of Cassation had overturned their sentencing to 1 year and 6 months of imprisonment each for “aiding an attempt to destroy the government of the Republic of Turkey.”

P24 monitored the hearing.

While defendants Mücella Yapıcı, Yiğit Ali Ekmekçi and Ali Hakan Altınay did not attend the hearing, their lawyers were present.

At the previous hearing, the court had ruled to issue a writ to the İstanbul Directorate General of Security to inquire whether there was surveillance camera footage of defendants recorded during the Gezi Park protests. In its reply, the security directorate stated that there was no camera footage.

Yapıcı’s lawyer Fikret İlkiz said that his client had previously been tried and acquitted by the İstanbul 5th Criminal Court of First Instance on the charge of “violating the law on meetings and demonstrations,” that the decision had been finalized and requested that the previous case file to be taken into account.

Yiğit Ali Ekmekçi’s lawyer Emel Ataktürk said, “Given the Court of Cassation’s decision to overturn, the court should first rule to acquit the defendants from charges in this case file. Evidence is currently being collected for a case for which there is no indictment. We are of the opinion that the court should rule for acquittal before any other evidence is collected under this file.”

The court ruled to request the case files brought up by lawyer Fikret İlkiz. Rejecting lawyers’ request for immediate acquittal, the court adjourned the case until 9 October 2024.

Journalist Ferit Aslan acquitted of “spreading false information”

The first hearing in the trial of journalist Ferit Aslan on the charge of “spreading false information” was held at the Mardin 2nd Criminal Court of First Instance on 21 May 2024.

Aslan and his lawyer Neşet Girasun were present at the hearing.

The prosecutor requested Aslan’s acquittal. The court ruled to acquit Aslan.

Aslan was on trial for his news item titled “Mardin’de bir hâkim polisle okul bastı, üç öğrenciyi gözaltına aldırdı” (Judge in Mardin arrives at school with police, has three pupils detained).

Akif Beki acquitted in trial over a complaint by preacher known as “Cübbeli Ahmet Hoca”

The second hearing in trial of journalist Akif Beki on the charge of “insult” over a criminal complaint filed by preacher Ahmet M. Ünlü, publicly known as “Cübbeli Ahmet Hoca” was held at the Anadolu 26th Criminal Court of First Instance on 21 May 2024.

Journalist Beki and his lawyers Serpil Özcan and Abdullah Önal were present at the hearing.

Presenting their final opinion on the case, the prosecutor requested Beki’s acquittal, as the legal elements of the crime had not formed.

The court ruled to acquit journalist Beki on the grounds that the legal elements of the crime had not formed.

Prosecutor requests sentencing in journalist Emre Orman’s trial for “resisting the police”

The second hearing in the trial of journalist Emre Orman, who was assaulted and detained at the Madımak Massacre commemoration held in Sancaktepe, İstanbul on 2 July 2023, on the charge of “resisting the police to prevent fulfillment of duty,” was held at the Anadolu 20th Criminal Court of First Instance on 21 May 2024.

While Orman did not attend the hearing, his lawyer Fatih Aydın was present.

The prosecutor presented their final opinion on the case and requested sentencing.

The trail was adjourned until 17 October 2024.

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

The 12th hearing in the journalist Sonya Bayık and 30 activists on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the Batman 1st Criminal Court of First Instance on 21 May 2024. Bayık was detained along with the activists, as she covered the press statement calling for the protection of the historical and cultural heritage in the Hasankeyf district of Batman.

The trial was adjourned until 17 September 2024.

At least 29 journalists and media workers in prison

With the release of journalists Esra Solin Dal, Mehmet Aslan and Erdoğan Alayumat,

As of 24 May 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