Six journalists detained in İzmir released; Nuray Atmaca detained; Ahmet Altan, Nazlı Ilıcak and Fevzi Yazıcı sentenced to imprisonment in retrial; Zafer Arapkirli ordered to pay fine; indictment filed against T24 contributor Tolga Şardan 

Journalist Selamet Turan imprisoned

Journalist Selamet Turan, who was detained in the Cizre district of Şırnak on 9 February 2024, gave a statement in Diyarbakır, where she was transferred, on 13 February 2024.

Following her statement and interrogation by the prosecutor, Turan appeared before the Criminal Court of Peace on duty with a request for her imprisonment on the charge of “membership in a terrorist organization.”

The court ruled to place Turan in pre-trial detention.

Six journalists detained in İzmir released

Mezopotamya Agency (MA) reporters Semra Turan, Delal Akyüz and Tolga Güney, JinNews reporter Melike Aydın, Gazete Duvar reporter Cihan Başakçıoğlu and DEM Party press officer Fatma Funda Akbulut were detained in a raid on their homes carried out by the İzmir Directorate of Security early on 13 February 2024. The prohibition on meeting their lawyers that was imposed on the journalists on the first day ended on 14 February 2024.

Speaking to their lawyers, the journalists said they had been handcuffed behind their backs during their detention. Lawyer Muhammed Ünsal, who met the journalists, said that Akyüz suffered from severe pain in the neck, as she had been gripped by the police officers. Lawyer Ünsal also said that the journalists were placed in police vehicles with their heads pressed down as they left their homes and that the police took video recordings during this time.

Lawyer Ünsal said that the confiscation of the journalists’ digital materials was a violation of the secrecy of their reporting and that the search of the journalists’ residences, their detention and the secrecy order on the file were limitations to the right to adequate defense.

The journalists appeared before the İzmir Bayraklı Courthouse Criminal Court of Peace on duty with a request for their arrest on 16 February 2024. The Criminal Court of Peace on duty heard the journalists’ statements and ruled to release Semra Turan and Cihan Başakçıoğlu under judicial control measures and to release Delal Akyüz, Melike Aydın, Tolga Güney and Fatma Funda Akbulut on house arrest.

Journalist Nuray Atmaca detained

PİRHA Tunceli reporter Nuray Atmaca was called in to the Tunceli Directorate of Security on 15 February 2024 to provide a statement. Journalist Atmaca was detained after giving her statement.

Atmaca was released the same day after providing a second statement.

Journalist Furkan Karabay to appear before the court on charge of “insulting the president”

A case has been filed against Gerçek Gündem news website editor Furkan Karabay on the charge of “insulting the president” over his social media posts.

The first hearing is set for 3 October 2024.

The indictment filed by the İstanbul Chief Prosecutor’s Office on 24 January 2024 lists the X (formerly Twitter) posts by journalist Karabay on 8 February 2023, 19 May 2023 and 28 May 2023 as evidence of the charge.

Indictment filed against T24 contributor Tolga Şardan

The İstanbul Chief Prosecutor’s Office has filed an indictment against T24 contributor Tolga Şardan on charges of “spreading false information” and “denigrating the judicial organs of the state” over his article titled “MİT'in Cumhurbaşkanlığı'na sunduğu ‘yargı raporu’nda neler var?” (What is in the National Intelligence Agency’s ‘report on judiciary’ presented to the Presidency?) concerning claims of irregularities in the judiciary.

The indictment, which was filed on 15 February 2024, states “it is not required [for the article] to disrupt the public order, but be capable of disrupting the public order” concerning the article.

The indictment states that an ex officio investigation had been launched into the article in question, Şardan was detained and arrested and his cell phone and digital materials were confiscated.

The indictment also states that no findings pertaining to the case were obtained from the digital materials confiscated from Şardan and that some sections of the article subject to the investigation were considered to come under the crime of “denigrating the judicial organs of the state” defined in article 301 of the Turkish Penal Code. Due to the investigation of this crime being conditional on permission from the Ministry of Justice, the case file was separated, with this crime filed under a new number and permission requested from the ministry.

The indictment states that following permission being obtained from the Ministry of Justice on 30 November 2023, the two case files were merged and the investigation against Şardan for “spreading false information” and “denigrating the judicial organs of the state” continued.

The indictment was conveyed to the İstanbul 2nd Criminal Court of First Instance.

Journalist Kibriye Evren released after three days in detention

Journalist Kibriye Evren, who was arrested in a raid on her home in the Tuzla district of İstanbul on 9 February 2024 was transferred to the Kocaeli Courthouse on 12 February 2024, after three days in detention. After processing at the prosecutor’s office, Evren was transferred to the 1st Criminal Court of Peace with a request for her imprisonment.

In her statement to the 1st Criminal Court of Peace, Evren said that all her activities were for journalistic purposes. Concerning the cash transfer that is subject to the accusations, Evren said she had transferred the sums to her friends as part of professional activities.

Evren was released following her statement.

Meanwhile, 15 others who were detained as part of the same case were released under judicial control measures.

Investigation against journalist Şükran Ekinci following mine collapse disaster

An investigation has been launched against ARTI TV presenter Şükran Ekinci on suspicion of “spreading false information” over her social media post following the mine collapse disaster in in the İliç district of Erzincan on 14 February 2024.

Ekinci was called by the police to provide a statement on 14 February 2024.

In her statement, Ekinci said, “I shared the post by referencing the T24 news website. My post contains the statement by President İrfan Türkkolu of the Chamber of Metallurgy and Materials Engineers of the Union of Chambers of Turkish Engineers and Architects (TMMOB). I am a journalist and I shared Türkkolu’s statement to inform the public.”

Metin Cihan’s TÜGVA trial adjourned

The second hearing in the trial of journalist Metin Cihan after it was assigned a new case number, on the charge of “illegally obtaining or disseminating personal data” over sharing the Youth Foundation of Turkey (TÜGVA) documents which allegedly show the undue appointments to public offices was held at the İstanbul 22nd Criminal Court of First Instance on 16 February 2024.

Lawyers for the parties presented excuses not to attend the hearing, which P24 monitored.

The hearing was held summarily and adjourned until a later date.

At the 28 April 2023 hearing in the trial in which Cihan is a defendant along with Ramazan Aydoğdu, who allegedly leaked the TÜGVA documents, the court had sentenced Aydoğdu to imprisonment and separated Cihan’s file and assigned it a new case number.

Journalist Zafer Arapkirli ordered to pay fine on charge of “insulting a public official”

The second hearing in the trial of journalist Zafer Arapkirli on the charge of “insulting a public official” over complaints filed by the Commander of the Gendarmerie Arif Çetin and former Minister of the Interior Süleyman Soylu concerning Arapkirli’s social media post was held at the Ankara 21st Criminal Court of First Instance on 15 February 2024.

Arapkirli was sentenced to 442 days of imprisonment. The imprisonment sentence was commuted to a fine of 8,857 TL.

In an X (formerly Twitter) post, which referenced the news item titled “7 bin kişi Jandarma sınavını böyle kazanmış. FETÖ'cüler deşifre edildi” (7,000 people passed the gendarmerie exam this way: FETÖ supporters exposed) that was published in the Yeniçağ newspaper, Arapkirli wrote: “What happens now? Will the Minister of the Interior and the Commander of the Gendarmerie file criminal complaints against those who criticize this and post aggressive tweets? Was it us who held the exam? Was it us who took on these people?” The case against Arapkirli had been filed upon the complaints by Çetin and Soylu.

Prosecutor requests sentencing for police officers who assaulted and tried to detain forcefully journalist Beyza Kural

The second hearing in the retrial of three police officers, which has gotten underway after the fine the defendants were ordered to pay for the crime of “violation of the freedom to work and employment” was overturned by the appellate court, was held at the İstanbul 35th Criminal Court of First Instance on 15 February 2024.

Defendant police officers K.A. and Y.Ş., plaintiff Beyza Kural and lawyers for the parties were present at the hearing, which P24 monitored. Defendant police officer N.D. did not attend the hearing.

Defendant police officers K.A. and Y.Ş. repeated their previous defense statements. The lawyer for the defendant police officers requested their acquittal.

Plaintiff Beyza Kural said she upheld her complaint. Kural’s lawyer said, “There is a violation ruling issued by the Constitutional Court concerning my client. The Constitutional Court rulings are binding on legislative, executive and administrative bodies. We do not accept the indictment which was prepared out of line with the Constitutional Court ruling.”

Presenting their final opinion on the case, the prosecutor requested sentencing for the defendant police officers for the crimes of “violation of the freedom to work and employment” and “preventing work activities through abuse of authority obtained by public office.”

Delivering a counterstatement against the final opinion on the case, defendant K.A. said, “I was not the person who processed the detention. I do not accept the indictment. She walked past me and I turned to look, that is all.” Defendant police officer Y.Ş. said that he did not accept the indictment and the allegations against him.

Lawyers for the defendant police officers requested time to set up a counterstatement against the opinion.

The court accepted the request and adjourned the trial until 12 March 2024.

Journalist Bülent Kılıç’s trial adjourned until September 2024

The second hearing in the trial of Agence France-Presse (AFP) photo reporter Bülent Kılıç, who was assaulted and detained during news coverage, on the charge of “resisting to prevent fulfillment of duty” and “insulting a public official” was held at the İstanbul 19th Criminal Court of First Instance on 15 February 2023.

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

Journalist Fatoş Erdoğan, who was heard as a witness said, “We journalists were there on the day of the incident. We saw that the police were detaining people at one end of the street and started taking images. Later, we were in the middle of the street and journalists were having a conversation. I heard someone say ‘He is a journalist. What do you think you are doing?’ behind me. When I turned around, I saw them taking Bülent [Kılıç] away. Despite us telling them Bülent was a journalist, the police would not let him go. All this is captured in the images.” Witness Fatoş Erdoğan also said “I did not see Bülent resist the police. You can see all this in the images of the incident.”

After Erdoğan, police officer Murat Aydındağ was heard as a witness. In his statement, Aydındağ said, “When the defendant was being detained, he did not display any press cards and did not have any documents that identified his profession. He was detained because they thought he was a demonstrator. While he was being taken to the detention vehicle, he shouted ‘Who do you think you are, do you know who I am? I will have you all demoted. You cannot touch me, I am a member of the press’.”

Speaking against the witness’ testimony, Bülent Kılıç said, “The officer is clearly lying and deceiving the court. Video records will show that I did not resist or shout in any way.”

Kılıç’s lawyer Emine Özhasar said, “There are two video recordings of the incident. The court expert has examined them both and identified that my client was pressed to the ground in a way that he could not breathe while being detained.” Lawyer Özhasar said they would present witnesses at the next hearing.

The court ruled to allow time to for the witnesses to be prepared and to convey the case file to the prosecutor’s office for the preparation of their final opinion on the case. The trial was adjourned until 19 September 2024.

Kılıç was detained while following the 19th İstanbul LGBTI+ Pride Parade on 26 June 2021, with police officers pushing him on the ground and pressing on his neck.

Journalist Nagihan Yılkın ordered to pay fine on charge of “insulting a public official”

The fourth hearing in the trial of Cumhuriyet newspaper reporter Nagihan Yılkın and cumhuriyet.com.tr news site Editor-in-Chief Mustafa Büyüksipahi on the charge of “insulting a public official” over a complaint filed by the former Governor of Gaziantep Davut Gül was held at the İstanbul 2nd Criminal Court of First Instance on 15 January 2024.

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

The prosecutor for the hearing repeated their final opinion on the case presented at the hearing on 13 July 2023 and requested sentencing for Yılkın and Büyüksipahi for the impugned crime.

The journalists’ lawyer Özge Naz Akkaya said that the news item had been lawfully prepared and was in keeping with the apparent truth. Lawyer Akkaya stated that due to the amendment to the Law on the Press, news editors no longer had criminal culpability and requested the acquittal of Büyüksipahi, who was the managing editor at the time the news item was published.

The court ordered Yılkın to pay an administrative fine pf TL 7,080 for the crime of “insulting a public official” and acquitted Büyüksipahi as the impugned action was not defined as a crime in the law.

Click here for a detailed report.

Trial of journalist Ramazan Ölçen on charge of “membership in a terrorist organization” adjourned until July 2024

The 13th hearing in the trial of now-defunct Azadiya Welat newspaper’s licensed publisher Ramazan Ölçen was held at the Diyarbakır 11th High Criminal Court on 14 February 2024.

The court ruled to await the outcome of the writ conveyed to the Ministry of Justice to obtain a statement from Ölçen, who is abroad, and the execution of the order for Ölçen’s detention, and adjourned the trial until 17 July 2024.

Journalist and economist Mustafa Sönmez acquitted of “insulting the president”

Journalist and economist Mustafa Sönmez appeared before the Anadolu 30th Criminal Court of First Instance on 14 February 2024 on the charge of “insulting the president” over three social media posts in 2016, 2018 and 2019.

Sönmez, who attended the hearing with his lawyer Hüsna Aydın, delivered his defense statement against the indictment.

Sönmez said, “I do not accept the charges. I have been a journalist for 40 years. There is nothing insulting in my posts. The posts were shared under the freedom of expression granted to me by the constitution.”

Sönmez’s lawyer Aydın said she concurred with her client’s statements and said, “The posts come under the freedom of expression.”

Following the statements, the prosecutor for the hearing presented their final opinion on the case and requested Sönmez’s acquittal as the legal elements of the impugned crime had not formed.

After asking Sönmez for a final statement, the court ruled to acquit Sönmez.

Ahmet Altan, Nazlı Ilıcak and Fevzi Yazıcı sentenced to imprisonment in retrial

The third hearing in the re-trial of Ahmet Altan, Nazlı Ilıcak, visual design director of the now shut-down Zaman newspaper Fevzi Yazıcı and the newspaper’s marketing director Yakup Şimşek was held at the İstanbul 26th High Criminal Court on 14 February 2024. The re-trial had begun after the Court of Cassation overturned the verdict in the original trial.

Ilıcak, Şimşek, Yazıcı and defendants’ lawyers were present at the hearing, which P24 monitored. Altan did not attend the hearing.

The prosecutor repeated their final opinion on the case added to the file on 18 January 2024 and requested sentencing for Altan, Ilıcak and Yazıcı for the impugned crime of “knowingly and willingly aiding an illegal organization despite not being a part of its hierarchical structure.” The prosecutor requested the acquittal of Şimşek of “membership in a terrorist organization.”

Ilıcak, Yazıcı and Şimşek delivered their defense statements against the prosecutor’s final opinion and requested their acquittal.

The court sentenced Nazlı Ilıcak to 5 years and 3 months; Ahmet Altan to 6 years 3 months and 18 days, and Fevzi Yazıcı to 1 year and 13 months of imprisonment for the crime of “aiding a terrorist organization without being its member.” The court further ruled to keep in place the judicial control measures on Ilıcak and Altan and lifted the ban on Yazıcı travelling abroad, given the sentence the defendant had been given and the time the defendant had spent under judicial control and in remand. The court ruled to acquit Yakup Şimşek of “membership in a terrorist organization” on grounds that there was no unequivocal and credible evidence that he had committed the crime.

Click here for a detailed report.

Court rules to keep Mehmet Kamış behind bars

The 20th hearing in the trial of imprisoned journalist Mehmet Kamış on charges of “attempting to destroy the Gand National Assembly of Turkey or to prevent it from doing its duties,” “attempting to destroy the Government of the Republic of Turkey or to prevent it from carrying out its duties,” “attempting to destroy the Constitutional order” and “membership in a terrorist organization” was held at the İstanbul 26th High Criminal Court on 13 February 2024.

Kamış and his lawyer Osman Yedekçi were present at the hearing, which P24 monitored.

In his defense statement Kamış said, “I am a journalist. I wanted to become a journalist as a child and I became one. I did nothing other than journalism. I did not use the ByLock app. I do not accept any of the charges.” Kamış said that he was on trial for his journalistic activities and requested his release.

Kamış’s lawyer Yedekçi said, “That my client has worked for the Zaman newspaper is presented as evidence of the charge. My client graduated from university as a journalist and practiced no profession other than journalism until 2015. His employment at the Zaman newspaper is legitimate and legal, the newspaper’s connection to the organization cannot be presented as evidence of the charge. That my client had an account with Bank Asya is also being presented as evidence of the charge. A legitimate action cannot be undertaken to obtain illegitimate gains. The people my client has been in contact with are journalists and HTS records show that he has only had one phone conversation with each of these people. It is clear that such conversations, which were not regular or continuous, were undertaken as part of professional, and not organizational activities. We request the release of my client.”

The prosecutor requested that Kamış be kept in pre-trial detention on grounds of the nature and quality of the impugned crime, the manner of detention and risk of flight.

The court ruled for Kamış to be kept in pre-trial detention, and adjourned the trial until 2 May 2024.

Mehmet Kamış, former Deputy Editor-in-Chief of the shut-down Zaman newspaper, was one of the defendants in the case commonly referred to as the “Altans trial.” The case files of Kamış and nine other defendants under a detention order were separated on 19 September 2017. Kamış was detained in İzmir on 22 November 2023, as per the order for his detention. Kamış was transferred to the İstanbul 26th High Criminal Court on 23 November 2023, following his interrogation at the prosecutor’s office and was imprisoned pending trial due to presenting a “flight risk.”

Action for damages filed by the rector of Maltepe University against journalist Hayri Demir adjourned

The first hearing in the action for non-pecuniary damages filed by Prof. Dr. Edibe Sözen, rector of Maltepe University, against journalist Hayri Demir over his news item titled “AKP’nin ‘propaganda grubu’nun yöneticisi rektör çıktı” (AKP propaganda group administrator revealed to be rector), which was published in Gazete Pencere news site was held at the İstanbul 8th Civil Court of First Instance on 13 February 2024.

Lawyers for the parties were present at the hearing, which P24 monitored.

Maltepe University Rector Prof. Dr. Edibe Sözen’s lawyer said that they did not seek material gains from the case and that they would donate any of the damages paid as a result of the case to the Mehmetçik Foundation.

Gazete Pencere’s lawyer Melike Türkay said “The news item subject to the case concerns a WhatsApp group in which flyers and posters for the Justice and Development Party (AKP) campaign were shared during the elections process. My client’s news item was not the first time the plaintiff’s connections with the AKP were voiced. The plaintiff stood for parliament in 2017 and ran for the district mayor’s office of Maltepe in 2014, both times as an AKP candidate. The news item was online for just four days, after which access to it was blocked upon the request of the plaintiff. An action for damages requires damages to have been incurred. The plaintiff has not suffered damages from a news item that was accessible for just four days. We request that the court dismiss the case.”

Another lawyer for Demir, Emine Özhasar said that the news item subject to the case fell under the freedom of the press and expression and requested the court to dismiss the case.

The court ruled for an investigation to be launched into the social and economic status of Demir and adjourned the tri̇al unti̇l 9 May 2024.

Özgürlükçü Demokrasi tri̇al adjourned unti̇l May

The 10th hearing in the retrial of the Özgürlükçü Demokrasi newspaper employees 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 12 February 2024.

Journalists’ lawyers Özcan Kılıç and Sercan Korkmaz attended the hearing.

The court accepted the request of the lawyers to examine the court experts’ reports and to set up a defense against their final opinion on the case and adjourned the trial until 9 May 2024.

The newspaper’s former editors Hicran Urun, Mehmet Ali Çelebi, Reyhan Hacıoğlu, İshak Yasul, Pınar Tarlak and licensed publisher İhsan Yaşar are defendants in the case. In the opinion presented on 7 April 2022, the prosecutor had requested sentencing for the journalists for the impugned crime.

At least 32 journalists and media workers in prison

As of 16 February 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.