Expression Interrupted

Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.

Freedom of Expression and the Press in Turkey – 455

Freedom of Expression and the Press in Turkey – 455

ECtHR faults Turkey in the application including journalists Ahmet Böken and Prof. Dr. Vedat Demir; appellate court overturns imprisonment sentence for İzel Sezer and Doğan Ergün; three journalists acquitted in three cases

ECtHR faults Turkey in the application of 314 people, including journalists Ahmet Böken and Prof. Dr. Vedat Demir

The European Court of Human Rights (ECtHR) has ruled that the arrest of 314 people placed in prison after the coup attempt of 15 July 2016 was devoid of justification which could be considered “reasonable suspicion.”

The ECtHR announced its judgment on Duymaz and others v. Turkey on Tuesday, 25 June 2024. The court had previously decided to join the applications filed by 314 persons under a single judgment due to the similar subject matter. The applicants had been imprisoned pending trial after the coup attempt of 2016.

The ECtHR has ordered Turkey to pay 299 applicants 5,000 euros in non-pecuniary damages, cost and expenses. Fifteen applicants had not requested payment for damages. Among the applicants are Ahmet Böken, former manager of state-run TRT Haber news network and academic Prof. Dr. Vedat Demir.

Former Deputy President of TRT News and Sports Office and former TRT Haber network coordinator Ali Ahmet Böken was sentenced to 9 years and 9 months of imprisonment for the crime of “membership in a terrorist organization” at the final hearing held at the Ankara 18th High Criminal Court on 3 April 2018.

 

RTÜK issues fine and broadcast suspension to Açık Radyo

Radio and Television Supreme Council (RTÜK) has issued an administrative fine and broadcast suspension for five days over expressions used in the 24 April 2024 edition of the “Açık Gazete” program violating article 8 of the Law 6112.

The decision was grounded in the expression used by a guest on the program, who said “This is the 109thanniversary of the deportation and massacres, of massacres termed genocide, which took place in Armenian, that is Ottoman lands. As you know, the commemoration of the Armenian genocide was banned this year too” and the broadcasters not attempting to rectify the expression. RTÜK has warned the radio channel that should the violation be repeated, the broadcast may be suspended for up to 10 days and the broadcasting license of the radio may be revoked in the event of another violation.

Açık Radyo has announced that it did not agree with the sanction and would seek legal remedy. The radio channel has stated that it had defended the freedom of expression and the press since its first broadcast and its broadcasts were aligned in this direction.

Access block to reporting on “access block to Bedri Gencer news” on the Susma Platform

Prof. Dr. Bedri Gencer has had 2,911 news items and pieces of content which mention him by name censoredon 28 June 2024. Among censored content is Susma Platform’s news item dated 7 June 2021, on the access block decision for news items on Gencer.

Gencer was criticized for thanking President Recep Tayyip Erdoğan for annulling the Istanbul Convention; criticizing men and women shaking hands and connecting earthquakes with adultery.

The access block to Susma Platform’s published news item was imposed by a decision of the Akyazı Criminal Court of Peace dated 28 June 2024.

 

Former TRT correspondent Elif Akkuş released by court

Journalist Elif Akkuş, a former reporter for the public broadcaster TRT, who was jailed pending trial “on suspicion of evidence tampering” on 2 May 2024, was released by the court overseeing her trial on 28 June 2024, her lawyer announced on social media.

Before the hearing, Akkuş’s lawyer Hüseyin Ersöz shared a handwritten statement by Akkuş and wrote, “In this process carried out with hostility, we responded to every single line in the indictment that is based on the [TRT] Board of Inspections report, which was full of unfair accusations.” Ersöz announced later on Friday night that Akkuş was released by the Ankara 34th High Criminal Court.

Akkuş was jailed as part of an investigation launched upon a complaint by the TRT Board of Inspections. Akkuş was reportedly accused over the spending she made in Libya and Syria while covering the war. Last year, Akkuş was accused of being behind posts about claims of nepotism in TRT, shared on an anonymous X (formerly Twitter) account. She was detained in Ankara on 16 October and released due to severe health issues on 15 November.

 

Appellate court overturns imprisonment sentence issued to İzel Sezer and Doğan Ergün

Acting as the appellate court, the 17th Penal Chamber of the İstanbul Regional Court of Justice has overturned the imprisonment sentence issued to İleri Haber’s former Editor-in-Chief Doğan Ergün and former Responsible Managing Editor and current Editor-in-Chief İzel Sezer. The imprisonment sentence had been issued in a case over a complaint filed by President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal.

At the final hearing held at the İstanbul 33rd Criminal Court of First Instance on 20 June 2023, the court acquitted Sezer and Ergün of the charges of “insult” and “defamation” over the news item subject to the case, while sentencing each defendant to 1 year and 8 months of imprisonment and a fine of TL 120 for the crime of “illegal disclosure of data obtained through recording of private conversations between people through the press and publications.”

The appellate court approved the acquittal verdicts and overturned the imprisonment sentence on grounds that the news item subject to the case came under the freedom of expression. The appellate court ruled for the case file to be returned to the court of first instance for re-examination concerning the charge of “illegal disclosure of data obtained through recording of private conversations between people through the press and publications.”

Journalists Sezer and Ergün are on trial over their reporting of tweets claiming that Mustafa Doğan İnal had been bargaining for bribes.

 

Justification for journalists’ imprisonment sentence announced

The İstanbul 23rd High Criminal Court has announced its reasoning for the imprisonment sentences issued to journalists Mehmet Ali Çelebi (3 years and 9 months), Reyhan Hacıoğlu, Hicran Urun, İhsan Yaşar and İshak Yasul (3 years 1 month and 15 days each) in the Özgürlükçü Demokrasi trial, which was concluded on 9 May 2024.

The court had sentenced the journalists to imprisonment for the crime of “aiding an illegal organization without being its member.”

In its reasoned decision, the court said that the newspaper constituted the continuation of the Özgür Gündem newspaper, which was shut down by statutory decree (KHK) and argued that it “acted in accordance with the press and publications arrangements of the KCK [organization].”

The court stated that during the operation launched by Turkey against the Syrian Democratic Forces (QSD) the newspaper had reported in favor of the QSD and against the state of Turkey.

The reasoned decision argued that the QSD had been legitimized with the use of expressions such as "meşru savunma;" (legitimate defense) "öz savunma;" (self-defense) "büyük mücadele;" (great struggle) "çağın direnişi;" (resistance of the age) and "efsanevi direniş" (legendary resistance) and cited issues of the newspaper published between 20 January 2018 and 27 March 2018 as evidence.

Ferhat Tunç’s trial adjourned until December

The 13th hearing in the trial of singer Ferhat Tunç on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Diyarbakır 5th High Criminal Court on 28 June 2024.

 

No parties attended the hearing.

 

The court ruled to await the execution of the order for Tunç’s detention and adjourned the trial until 13 December 2024.

MA reporter Zeynep Durgut and 17 other defendants acquitted

The second hearing in the trial of Mezopotamya Agency (MA) reporter Zeynep Durgut and 17 other women on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the Şırnak Criminal Court of First Instance on 27 June 2024.

While Zeynep Durgut and other defendants did not attend the hearing, their lawyers were present.

In their final opinion on the case, the prosecutor stated that Zeynep Durgut had been at the place where the press statement was read out as part of her journalistic activities, that the impugned crime had not formed for Durgut and requested her acquittal. On the other hand, the prosecutor requested sentencing for the 17 other defendants for the crime of “violating the Law 2911 on Meetings and Demonstrations.”

Lawyer Samet Ataman, representing Durgut and the other defendants, said that his clients had been exercising their constitutional right to join meetings and demonstrations and that the ban on meetings and demonstrations issued by the Governor’s Office of Şırnak could not supersede a right granted by the Constitution.

Lawyer Ataan also said that his clients had been detained before delivering a press statement and therefore the legal elements of the crime had not formed.

The judge ruled to acquit Durgut and the other 17 defendants on grounds that legal elements of the crime had not formed.

 

Journalist Ali Duran Topuz’s trial adjourned until November to await the prosecutor’s opinion

The third hearing in the trial of Artı Gerçek editor-in-chief Ali Duran Topuz on the charge of “marking those assigned with the fight against terrorism as targets” was held at the Diyarbakır 5th High Criminal Court on 27 June 2024. The case against Topuz was filed over publishing the news item concerning the appointment of the prosecutor, who ran the investigation against the 18 journalists in Diyarbakır, and the criminal court of peace judge who ruled for the pre-trial detention of the journalists.

While Topuz did not attend the hearing, his lawyers Mehmet Emin Aktar and Mahsuni Karaman were present.

The prosecutor, who had requested the case file to prepare their final opinion on the case at the previous hearing requested time to prepare the opinion. Topuz’s lawyers said that they would deliver defense statements after the prosecution’s opinion is presented.

The court accepted the prosecutor’s request for time and adjourned the trial until 7 November 2024.

Journalist Hayko Bağdat’s trial adjourned until November

The 14th hearing in the trial of journalist Hayko Bağdat on the charge of “terrorism propaganda” over his social media posts was held at the İstanbul 28th High Criminal Court on 27 June 2024.

At the hearing, which Bağdat’s lawyers presented excuses not to attend, the court ruled to uphold the order for the detention of the journalist and adjourned the trial until 19 November 2024.

 

Özgür Gündem trial against Hüseyin Aykol, Zana Kaya, İnan Kızılkaya and Hatip Dicle adjourned

The 27th hearing in the trial of the now-defunct Özgür Gündem newspaper’s Editors-in-Chief Hüseyin Aykol and Zana Kaya, Managing Editor İnan Kızılkaya, and Kurdish politician Hatip Dicle on charges of “openly denigrating the Turkish nation, the state of the Republic of Turkey, the Grand National Assembly of Turkey, the government of the Republic of Turkey and the judicial organs of the state” and “openly denigrating the military or security organizations of the state” was held at the İstanbul 2nd Criminal Court of First Instance on 27 June 2024. The defendants are on trial over news items published in 2016 in the Özgür Gündem newspaper, which was shut down by statutory decree (KHK) in 2016.

At the hearing, which defense lawyers presented excuses not to attend, the court ruled to await the execution of the order for Hatip Dicle’s detention and adjourned the trial until 16 January 2025.

Trial of Demokratik Modernite magazine employees and contributors adjourned until January 2025

The fifth hearing in the trial of Demokratik Modernite magazine Managing Editor Ramazan Yurttapan, editor Haydar Ergül and contributors Cihan Doğan, Musa Şanak and Nazan Üstündağ on the charge of “denigrating the Turkish nation, the state of the Republic of Turkey and the institution and organs of the state” was held at the İstanbul 2nd Criminal Court of First Instance on 27 June 2024.

At the hearing, which defense lawyers presented excuses not to attend, the court ruled to await the execution of the order for Cihan Doğan’s detention. The trial was adjourned until 16 January 2025.

The indictment cites the expressions used in eight articles which appeared in issue 37 of the magazine as evidence of the charges against Yurttapan, Ergül and the contributors.

 

Journalist Elif Akgül acquitted of “terrorism propaganda”

The second hearing in the trial of journalist Elif Akgül on the charge of “terrorism propaganda” over her social media posts was held at the İstanbul 13th High Criminal Court on 27 June 2024.

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

The prosecutor repeated their final opinion on the case presented at the previous trial and requested sentencing for Akgül for “repeated terrorism propaganda”.

The court ruled to acquit Akgül on grounds that legal elements of the crime of “terrorism propaganda” had not formed.

Click here to read a detailed report.

 

Die Welt reporter Deniz Yücel’s trial adjourned until January 2025

The ninth hearing in the trial of Deniz Yücel, reporter for the German newspaper Die Welt, on charges of “publicly denigrating the state of the Republic of Turkey” and “insulting the president” was held at the İstanbul 2nd Criminal Court of First Instance on 27 June 2024.

Yücel’s lawyer Muhammed Ünal was present at the hearing, which P24 monitored.

Lawyer Ünsal said “This trial violates the European Court of Human Rights (ECtHR) judgments on Hrant Dink and Taner Akçam. Therefore, although my client has not provided a defense statement, an acquittal verdict should be issued as elements of the crime have not formed.”

The court ruled to await the execution of the order for Yücel’s detention and adjourned the trial until 16 January 2025.

 

Singer Ferhat Tunç’s trial on “terrorism” charges adjourned until November

The 13th hearing in the trial of singer Ferhat Tunç on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Diyarbakır 5th High Criminal Court on 26 June 2024.

The court ruled to uphold the order for Tunç’s detention so that his defense statement could be received.

The trial was adjourned until 28 November 2024.

 

Court requests another translation in the Vice News case

The 20th hearing in the trial of US-based Vice News’ reporter Jake Hanrahan on charges of “financing a terrorist organization,” “membership in a terrorist organization” and “terrorism propaganda” and camera operator Philip Pendlebury on the charge of “membership in a terrorist organization” was held at the Diyarbakır 8th High Criminal Court on 26 June 2024.

The court had sent a request to the Ankara High Criminal Court on duty for another translation of the journalists’ statements by a new court expert, as the previous translation from English to Turkish contained omissions. In the reply from Ankara, it was stated that the court expert should be identified by the Diyarbakır 8th High Criminal Court, and the request was declined.

The court ruled to issue a request to the İstanbul High Criminal Court on duty for a re-translation of the journalists’ defense statements into Turkish by a new court expert and adjourned the trial until 25 November 2024.

 

Prosecutor requests acquittal of journalist Öznur Değer

The 11th hearing in the 24 defendants including JinNews reporter Öznur Değer, who were detained during the “Geçinemiyoruz” demonstrations, on charges of “violating the Law 2911 on Meetings and Demonstrations” and “resisting to prevent fulfillment of duty” was held at the Ankara 18th Criminal Court of First Instance on 26 June 2024.

The prosecutor presented their final opinion on the case and called for the acquittal of some defendants, including Değer, and the sentencing of others for the impugned crime.

The trial was adjourned until 8 July 2024 for the defense statements to be set up against the prosecutor’s opinion.

 

MASAK report requested for the second time in the GÖÇİZDER case

The fourth hearing in the closure case of the Migration Monitoring Association (GÖÇİZDER), which works in the field of forcibly displaced people, over its activities was held at the Bakırköy Courthouse 15th Civil Court of First Instance on 26 June 2024.

Some administrators of the association and defense lawyers attended the hearing.

At the previous hearing, the court had ruled to issue a writ to the Bakırköy Chief Prosecutor’s Office to request all publications and materials of the association on which the Financial Crimes Investigation Board (MASAK) research report was based. At this hearing, it was stated that the Bakırköy Chief Prosecutor’s Office had not replied to the writ.

The court ruled to issue a writ to the İstanbul Courthouse 26th High Criminal Court, where members and administrators of GÖÇİZDER had been tried and acquitted of “membership in a terrorist organization.” The court requested the publications and materials of the association cited in the MASAK reports.

The trial was adjourned until 11 October 2024.

Onur Öncü acquitted of “insulting a person’s memory”

The 26 June 2024 hearing in the trial of journalist Onur Öncü on the charge of “publicly insulting a person’s memory” over a social media post concerning the death of Taner Ay, who was named in the disclosures by crime ring leader Sedat Peker, was held at the Ankara 7th Criminal Court of First Instance.

 

The court ruled to acquit Öncü.

 

“Propaganda” case against journalists Erkan Çapraz and Ömer Oğuz adjourned until September

The fourth hearing in the trial of journalists Erkan Çapraz and Ömer Oğuz on the charge of “terrorism propaganda” was held at the Hakkari 1st High Criminal Court on 25 June 2024.

 

No parties attended the hearing.

The court adjourned the trial until 24 September 2024 for the completion of the missing elements in the case file.

 

Trial of journalist Zeynep Kuray and nine other defendants adjourned until January 2025

The sixth hearing in the trial of journalist Zeynep Kuray and nine others on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the İstanbul 39th Criminal Court of First Instance on 25 June 2024.

 

Kuray did not attend the hearing.

 

The trial was adjourned until 16 January 2025.

 

Şerife Oruç’s trial adjourned until December

The 28th hearing in the trial of journalist Şerife Oruç on the charge of “membership in a terrorist organization” was held at the Batman 2nd High Criminal Court on 25 June 2024.

The trial was adjourned until 17 December 2024.

 

Journalist Abdullah Kaya’s trial adjourned until September

The 30th hearing in the trial of journalist Abdullah Kaya on charges of “aiding a terrorist organization” and “terrorism propaganda” was held at the Ağrı 2nd High Criminal Court on 25 June 2024.

Speaking at the hearing, Kaya said that he was a journalist and had not committed a crime. “It is journalism and the free press that are being tried in my person. Journalists should no longer be on trial in Turkey. In 2014, a Nature and Culture Festival was held at Mount Ararat with the permission of then governor of Ağrı Musa Işın and then Minister of the Interior Efkan Ala. More than 50,000 people from all provinces and districts in the area attended the festival and I was there to report on it. I am innocent and I request my acquittal. Furthermore, I have still not received my confiscated equipment and I request their return,” Kaya stated.

The court adjourned the trial until 24 September 2024 for the completion of the missing elements in the case file.

 

Journalist İsmail Eskin’s retrial begins

The retrial of journalist İsmail Eskin, whose imprisonment sentence of 3 years 1 month and 15 days had been overturned by the Court of Cassation, began at the Diyarbakır 4th High Criminal Court on 25 June 2024.

While Eskin did not attend the hearing, his lawyer Resul Temur was present in the courtroom.

Lawyer Temur requested the court to abide by the Court of Cassation’s ruling to overturn. The prosecution stated they had no objections to this request.

The presiding judge said that there was no need to receive a defense statement from Eskin regarding the decision to overturn and lifted the interim order issued in between hearings. The prosecutor requested time to prepare their final opinion.

The court accepted the prosecutor’s request for time and adjourned the trial until 26 September 2024.

Journalist Eskin had been tried on the charge of “terrorism propaganda” over his social media posts shared during the curfews declared in Diyarbakır, Şırnak and Mardin and ISIS attacks on Kobanê in 2015-2016, while he worked as a reporter for the Dicle News Agency (DHA), which was shut down by statutory decree (KHK).

The Diyarbakır 4th High Criminal Court sentenced Eskin to 3 years 1 month and 15 days of imprisonment for the crime of “terrorism propaganda through the press and publications” in 2017. The appeal filed by Eskin’s lawyer with the Gaziantep Regional Court of Justice was approved by the 3rd Criminal Chamber of the Court of Cassation.

With this ruling, the case was resubmitted to the Diyarbakır 4th High Criminal Court for a retrial.

 

Journalist Sezgin Kartal acquitted

The sixth hearing in the trial of Karşı Mahalle reporter Sezgin Kartal on the charge of “membership in a terrorist organization” was held at the İstanbul 22nd High Criminal Court on 25 June 2024.

Kartal and his lawyers Meriç Eyüboğlu and Berfin Karaşah were present at the hearing, which P24 monitored.

The prosecutor who had presented their final opinion on the case at the 25 April 2024 hearing in the trial had requested sentencing for journalist Kartal for the crime of “membership in a terrorist organization.” The presiding judge said that the prosecutor for the hearing was on leave and asked the new prosecutor whether the opinion had changed. The prosecutor said that they agreed with the opinion presented at the previous hearing and requested sentencing for Kartal for the impugned crime.

The court ruled to acquit Kartal, as it had not been established that the impugned crime had been committed by the defendant. The court also ruled to lift the ban on Kartal travelling abroad.

Click here to read a detailed report.

 

Journalist Zeynep Kuray’s trial adjourned

The sixth hearing in the trial of journalist Zeynep Kuray and nine others on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the İstanbul 39th Criminal Court of First Instance on 25 June 2024.

Defense lawyer Vedat Ece was present at the hearing, which P24 monitored.

Lawyer Ece requested the missing elements in the case file to be completed. The court ruled to await the execution of the order for defendant Hüseyin Yarıcı’s detention and adjourned the trial until 16 January 2025.

 

Two cases against Furkan Karabay for “insult” and “defamation” merged

The second hearing in the trial of journalist Furkan Karabay on the charge of “insult” and “defamation” over a complaint filed by President Recep Tayyip Erdoğan’s son Bilal Erdoğan regarding a social media post was held at the İstanbul 47thCriminal Court of First Instance on 25 June 2024.

Karabay’s lawyer Özge Naz Akkaya was present at the hearing, which P24 monitored.

The prosecutor requested the case to be merged with the ongoing case at the İstanbul 5th Criminal Court of First Instance against Karabay on charges of “insult” and “defamation,” filed over a complaint by President Erdoğan’s former lawyer Mustafa Doğan İnal.

The court noted that both cases had been filed over the same social media post and ruled to merge the case with that ongoing at the İstanbul 5th Criminal Court of First Instance on grounds that the action of “insulting several people with one act” had taken place.

Karabay posted on social media platform X concerning the petition written by the İstanbul Anadolu Chief Prosecutor İsmail Uçar to the Council of Judges and Prosecutors (HSK), which claimed that access block and release decisions were being obtained from the Anadolu Courthouse in exchange for payment. In his post dated 2 November 2023, Karabay used the expressions, “Regulars at the courthouse were Mustafa Doğan İnal, who is the former lawyer of President Erdoğan, Bilal Erdoğan and Metin Güneş. Judge Sidar Demiroğlu, who is claimed to have sold out justice in exchange for money covered up the bloody incident in connection with which İnal and Güneş were mentioned.” Two separate cases were then filed against Karabay, both on charges of “insult” and defamation” over complaints by Bilal Erdoğan and Mustafa Doğan İnal.

At least 28 journalists and media workers in prison

Following the release of Elif Akkuş, as of 28 June 2024, there are at least 28 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here.

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