Action against Furkan Karabay over Mustafa Doğan İnal’s complaint dismissed; Constitutional Court rules for “rights violations” for Sultan Eylem Keleş; appellate court overturns sentencing for Taraf contributor Namık Çınar; prosecutor demands life imprisonment for 9 defendants in Hrant Dink retrial

 

Constitutional Court rules for “rights violations” in Sultan Eylem Keleş’s case subject to deferment of the sentence

The Constitutional Court has ruled for a rights violation for the deferment of the sentence ruling issued to journalist Sultan Eylem Keleş on the charge of “insulting the president.”

At the 10 March 2022 hearing in the trial held at the İzmir 2nd Criminal Court of First Instance, the court had sentenced Keleş, who was on trial over two social media posts, to 1 year 2 months and 17 days of imprisonment and deferred the sentence.

Keleş then appealed to the Constitutional Court. In its decision dated 30 April 2024, the Constitutional Court ruled that claims that the right to a fair trial had been violated were acceptable as the application was “clearly not without merit and there were no other reasons requiring its dismissal.” Having examined the application, the Constitutional Court ruled that interventions through deferment of the sentence rulings violate the right to a fair trial, which is guaranteed by article 36 of the Constitution.

Appellate court overturns sentencing of Taraf contributor Namık Çınar

The sentence issued by the İzmir 4th Civil Court of First Instance to Namık Çınar, contributor to the shut-down Tarafnewspaper, in the action for non-pecuniary damages filed by Hakan Dursun Cengiz has been overturned by the appellate court.

The 4th Civil Chamber of the İzmir Regional Court of Justice ruled unanimously on 7 May 2024 to dismiss the action on grounds of merit and to lift the ruling issued by the İzmir 4th Civil Court of First Instance.

Çınar was sued and ordered to pay a fine over his article titled “Deniz Baykal Kimdir,” (Who is Deniz Baykal) which was published in the 8 March 2010 edition of the newspaper.

Aziz Oruç provides statement on suspicion of “insult”

Journalist Aziz Oruç provided a statement at the police station on 30 May 2024 on suspicion of “insult.”

Oruç stated that a complaint had been filed against him over the social media posts shared by Mezopotamya Agency in 2022, but that he was in Diyarbakır Prison at the time.

Prosecutor requests life imprisonment for 9 defendants in the Hrant Dink retrial

The fourth hearing in the retrial of public officials connected to the murder for Hrant Dink on charges of “premeditated murder” and “violating the Constitution” was held at the İstanbul 14th High Criminal Court on 31 May 2024.

While remanded defendants Veysel Şahin, Okan Şimşek and Gazi Günay were brought into the courtroom from prison, other defendants attended the trial via the judicial videoconferencing system.

The prosecutor delivered their final opinion on the case and requested a life imprisonment sentence for nine defendants and the acquittal of three defendants.

The prosecutor also requested sentencing for one defendant on charges of “aiding premeditated murder” and “violating the Constitution,” and on charge of “aiding premeditated murder” for another defendant.

The trial was adjourned until 16-17 July 2024.

Prosecutor requests sentencing for journalist Melisa Gülbaş at the first hearing

The first hearing in the trial of journalist Melisa Gülbaş on the charge of “insulting a public official” was held at the İstanbul 2nd Criminal Court of First Instance on 30 May 2024. The case against Gülbaş was filed over a complaint by Dr. Mehmet Turan of the Computer Engineering Department at Boğaziçi University over the news item Gülbaş had prepared about him.

Gülbaş and her lawyer Dicle Demir were present at the hearing.

In her defense statement, Gülbaş said “I decided to report on this issue after I saw the series of tweets by Prof. Dr. Tuna Tuğcu. I wrote to him, and he responded to my questions. As can be seen in the news item, it is based on what he said. I presented what was said about Mehmet Turan as claims, I did not present anyone as a target.”

Delivering the opinion as to the basis, the prosecutor requested sentencing for Gülbaş.

The court allowed Gülbaş and her lawyer to prepare their defense against the opinion and adjourned the trial until 14 November 2024.

Gülbaş is on trial over her news item titled “Boğaziçi yönetiminden bilime saldırı: Bize hiçbir laboratuvar ekipmanını koyacak yer bile vermediler,” (Boğaziçi administration attacks science: We were not given room to put lab equipment) which was published on the Gerçek Gündem news site on 18 December 2023.

“Özgür Gündem solidarity” trial adjourned until October

The 10 hearing in the retrial of Reporters Without Borders (RSF) Turkey Representative Erol Önderoğlu, rights advocate and Turkish Medical Association (TTB) Central Council President Prof. Dr. Şebnem Korur Fincancı and journalist Ahmet Nesin on charges of “incitement to commit crime,” “praising an offense or an offender” and “terrorism propaganda” was held at the İstanbul 13th High Criminal Court on 29 May 2024. The defendants had attended the Editor-in-Chief on Call campaign, which was held in solidarity with the Özgür Gündem newspaper, before it was shut down by statutory decree in 2016.

Erol Önderoğlu's lawyer Abbas Yalçın and Şebnem Korur Fincancı's lawyer Berfin Karaşah were present at the hearing.

The court ruled to await the response to the instructions issued abroad to obtain Nesin’s defense statement and adjourned the trial until 15 October 2024.

Dink trial of 12 defendants, five of whom are police officers, adjourned until June

The 29 May 2024 hearing in the retrial of 12 defendants of the Hrant Dink murder case, including five police officers, on charges of “attempting to destroy the Constitutional order,” “membership in a terrorist organization” and “committing crimes on behalf of a terrorist organization” was held at the İstanbul 14th High Criminal Court.

Gunman Ogün Samast attended the hearing from Trabzon via the judicial videoconferencing system.

Lawyers Hülya Deveci and Sebu Aslangil, who represent the Dink family, were present at the hearing.

The court ruled to hear witnesses who have not yet been heard.

The trial was adjourned until 12 June 2024.

Action against Furkan Karabay over Mustafa Doğan İnal’s complaint dismissed

The second hearing in the action for non-pecuniary damages worth TL 250,000 filed by President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal against journalist Furkan Karabay over his social media post was held at the İstanbul 32nd Civil Court of First Instance on 28 May 2024.

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

The court ruled to dismiss the case on grounds of procedure, ruling for non-competence on the grounds that the Anadolu Civil Court of First Instance is the competent court.

Pelin Özkaptan’s trial on charge of “terrorism propaganda” adjourned until October

The second hearing in the trial of journalist Pelin Özkaptan on the charge of “terrorism propaganda” over her social media posts was held at the İstanbul 13th High Criminal Court on 28 May 2024.

While Özkaptan did not attend the hearing, her lawyer was present. P24 monitored the hearing.

Presenting their final opinion on the case, the prosecutor requested sentencing for Özkaptan for “repeated terrorism propaganda.”

Özkaptan’s lawyer requested time to prepare a statement against the opinion.

The court accepted the request for time and adjourned the trial until 9 October 2024.

Journalist Sultan Eylem Keleş’s trial adjourned

The seventh hearing in the trial of journalist Sultan Eylem Keleş on charges of “insulting a public official” and “resisting to prevent fulfillment of duty” was held at the İstanbul 56th Criminal Court of First Instance on 28 May 2024.

P24 monitored the hearing.

The trial was adjourned as the judge for the court was on leave.

Nurcan Yalçın’s retrial on “terrorism” charges begins

The first hearing in the retrial of journalist Nurcan Yalçın on the charge of “membership in a terrorist organization” and “terrorism propaganda” was held at the Diyarbakır 9th High Criminal Court on 27 May 2024.

Yalçın and her lawyer Resul Temur were present at the hearing. Yalçın said she would repeat the defense statement she had delivered before the decision to overturn. Yalçın's lawyer Resul Temur said that they repeated their former statements and requested the missing elements in the decision to overturn to be completed.

The prosecutor requested the missing elements in the case file to be completed. The court ruled to await the outcome of an ongoing investigation against Yalçın and to obtain a copy of the case file for which the Diyarbakır 4th High Criminal Court issued a verdict and is currently being examined by the appellate court in between hearings.

The trial was adjourned until 26 November 2024.

Journalist Yalçın was sentenced to 3 years 6 months and 22 days of imprisonment on 22 November 2021. The appellate court overturned the verdict, stating that while a new court case and investigation was underway at the Diyarbakır 4thHigh Criminal Court, the verdict had been issued without examining the connections with the new case and investigation.

JinNews reporter Öznur Değer’s trial adjourned until June

The 10th hearing in the trial of 24 people who were arrested at the “Geçinemiyoruz” demonstration, including JinNews reporter Öznur Değer, on charges of “violating the Law 2911 on Meetings and Demonstrations” and “resisting police officers to prevent fulfillment of duty” was held at the Ankara 18th Criminal Court of First Instance on 27 May 2024.

While no defendants attended the hearing, lawyers for some defendants were present. As the prosecutor for the court was on leave, a temporary prosecutor joined the hearing and stated that the final opinion on the case had not yet been prepared.

During the hearing, the presiding judge asked a police officer in uniform in the courtroom “What has brought you here?” Upon the police officer stating that they were there for the hearing, the judge said, “We are all good here, you may go” and asked the officer to leave the courtroom.

Defense lawyers said that they would deliver their detailed defense statements after the prosecutor had prepared their final opinion.

The trial was adjourned until 26 June 2024.

At least 29 journalists and media workers in prison

As of 31 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.