Police raid on journalist Rabia Önver's house; Ahmet Kanbal faces investigation for “spreading false information;” prosecutor demands sentencing in “Boğaziçi exhibition" case; four journalists acquitted in three cases

Police raid on journalist Rabia Önver's house

On 20 September, police officers raided the house of JinNews reporter Rabia Önver, who was reporting on alleged drug traffickers and sex workers, in Yüksekova district of Hakkari. The police searched the house for hours as part of an investigation launched by the Hakkâri Chief Public Prosecutor's Office on the allegation of “spreading false information,” stating that that there was a warrant for Önver's arrest.

Önver, who was not at home during the raid, could not be taken into custody. The materials in the house, which had been ordered to be confiscated, could not be seized because Önver was not at home.Önver stated that her residence is in Yüksekova, where her family lives, and that she was not at home at the time of the raid because she had gone out of the city for news coverage.

Önver informed that the warrant was lifted after the raid.

Click here for details of the report.

Investigation against MA reporter Ahmet Kanbal for “spreading false information”

An investigation has been launched against Mezopotamia Agency (MA) Mardin reporter Ahmet Kanbal on the suspicion of “spreading false information” over his news reports and social media posts.

The investigation was also based on a news report that was previously ruled for “non-prosecution.” The news report on the killing of HPG member Musa Kahraman and his uncle Lokman Görgün during a military operation in the Ömeryan region was cited as evidence for the investigation.

İrfan Uçar to appear in court for “membership in a terrorist organization”

A lawsuit was filed against journalist İrfan Uçar on the charge of “membership in a terrorist organization” over his news reports and social media posts.

Uçar, who was detained in a house raid in Islahiye district of Gaziantep on 6 December 2023, was released under a judicial control measure. After he was released, Gaziantep Chief Public Prosecutor's Office filed an indictment against Uçar on the charge of “membership in a terrorist organization.”

In the indictment, the mention of Uçar's name in the writings in the digital materials seized during the raid on Cengiz Kapmaz's house in Istanbul in 2011 was cited as evidence of the crime. Uçar's interviews with journalist-writer Musa Anter and Adnan Işık, the distributor of shut-down Özgür Gündem newspaper and Özgür Halk magazine who was killed 24 years ago in Van, were also cited as evidence of the crime in the indictment.

The first hearing will be held at the Gaziantep 2nd High Criminal Court on 9 January 2025.

A lawsuit was filed against İdris Yılmaz due to his social media posts

A lawsuit was filed against journalist İdris Yılmaz on charges of “inciting the public to disobey the law” and “inciting the public to hatred and enmity” over his social media post about police violence in Van

Yılmaz had shared a post about the police beating citizens during the protests in the city after Abdullah Zeydan was not given his certificate of election despite being elected as Van Metropolitan Municipality Mayor. In the post, he had written, “It is claimed that the police randomly beat civilians in Van,” which Erciş Chief Public Prosecutor's Office cited as evidence of crime for the lawsuit.

The first hearing will be held at the Erciş 4th Criminal Court of First Instance on 14 November 2024.

Arrest warrant issued for journalist Mehmet Murat Yıldırım

Aydın 2nd Criminal Judicature of Peace has issued an arrest warrant for Mehmet Murat Yıldırım.

On 28 March 2024, Konya Chief Public Prosecutor's Office launched an investigation against Mehmet Murat Yıldırım, Editor-in-Chief of Özgür Yurttaş Haber, on the allegation of “terrorism propaganda.”

The investigation, which was carried out over Yıldırım's news reports and social media posts, was transferred to Aydın Chief Public Prosecutor's Office due to lack of jurisdiction. Acting upon the request of the Chief Public Prosecutor's Office, Aydın 2nd Criminal Judicature of Peace issued an arrest warrant.

Sefed Kabaş paid compensation for “insulting the president”

Journalist Sedef Kabaş paid a compensation fine of TL 115,000 as a result of the compensation case brought against her on the charge of “insulting the president.”

Announcing the development on her X account on 23 September, Kabaş said, “I paid TL 115,000 in compensation to the Palace today... It was not enough that he made me imprisoned by deriving an insult from a proverb, he also demanded compensation with interest...”

Journalist Kabaş was arrested in a midnight police raid on her home on 22 January 2022 over televised comments critical of President Recep Tayyip Erdoğan. She was released pending appeal at the end of the first hearing in her trial on 11 March 2022.

Kabaş, who was imprisoned pending trial soon after her arrest, was behind bars for 49 days. The indictment was filed on charges of “insulting the president” and “insulting a public official” in connection with her comments regarding then Transportation Minister Adil Karaismailoğlu and then Interior Minister Süleyman Soylu. The court had ruled to sentence Kabaş to 2 years and 4 months in prison for “insulting” Erdoğan and acquitted the journalist of the “insult” charge involving the two ministers. It also ruled to release Kabaş from prison, citing the time she already served.

A compensation lawsuit was also filed against Kabaş over the same statements. As a result of the final hearing held at the İstanbul 23rd Criminal Court of First Instance on September 22, 2022, Kabaş was sentenced to pay compensation. The decision was appealed, and the 4th Civil Chamber of the İstanbul Regional Court of Appeals upheld the compensation sentence in its decision dated 27 June 2024.

Prosecutor in “Boğaziçi exhibition case” demands sentencing

The 12th hearing in the trial of seven university students who are charged with “inciting hatred and enmity” for taking part in protests against Boğaziçi University's rector, Professor Melih Bulu, who was appointed by President Recep Tayyip Erdoğan, was held at the İstanbul 21st Criminal Court of First Instance on 27 September 2024.

The defendants did not attend the hearing while their lawyers were present. P24 monitored the hearing.

The lawyer of defendant Doğu Demirtaş said, “The expert report has almost replaced the honorable court and declared a verdict. Therefore, the expert report is faulty and we cannot accept it. We request that this expert report not be taken as a basis for the verdict and that a new expert report be obtained to determine whether public peace has been disturbed.”

The court decided to reject the request for a new expert report, stating that given the scope of the file, the current state of evidence and the alleged action, the determination of whether there is a clear and imminent danger or whether the public peace has been disturbed belongs to the court.

Presenting their final opinion on the case, the prosecutor stated that although the case had been filed against the defendants on the charge of “inciting the public to hatred and hostility,” the actions of the defendants fell under the offense of “publicly denigrating religious values embraced by a section of the public” and demanded that the seven students be sentenced for this charge.

The lawyers for the defendants requested more time to make a statement against the final opinion.

The court accepted the request and adjourned the trial until 21 February 2025.

Barış Pehlivan and Ozan Alper Yurtoğlu's trial adjourned until November

The eighth hearing in the trial of Cumhuriyet columnist Barış Pehlivan and former Managing Editor Ozan Alper Yurtoğlu on charges of “insulting the President” and “insulting a public official” was held at the İstanbul 15th Criminal Court of First Instance on 26 September 2024.

Pehlivan and Yurtoğlu did not attend the hearing while their lawyers were present. P24 monitored the hearing.

The court decided to notify the plaintiff Tekman Savaş Nemli, who works at the 7th Criminal Chamber of the Court of Cassation, to be informed about the hearing.

The trial was adjourned until 21 November 2024.

Sinan Aygül acquitted in retrial on charge of “spreading false information”

The first hearing in the retrial of journalist Sinan Aygül on the charge of “spreading false information” was held at the 2nd Criminal Chamber of Van Regional Court of Appeals on 25 September 2024.

Aygül and his lawyer Diyar Orak attended the hearing via the judicial videoconferencing system (SEGBİS) from Tatvan Courthouse.

After the identification, the court committee gave the floor to Aygül and he said, “I had said that I would not defend myself in the local court because the Court of Appeal has become the approval authority of the local courts. If I had made a defense, I would have enabled the legitimization of the law.”

After the prosecutor announced their final opinion on the case and asked for acquittal, lawyer Orak took the floor. Orak said, “We fully agree with the final opinion. The Court of Cassation had already ruled in favor of the client. We demand acquittal.”

After a five-minute recess, the court announced its verdict. The Court of Appeal acquitted Aygül on the grounds that “the legal elements of the crime charged against her did not form,” in line with the Court of Cassation's decision.

Click here for details of the report.

Evrim Kepenek's “violation of the confidentiality of the investigation” case adjourned until January 2025

The second hearing in the trial of bianet reporter Evrim Kepenek on the charge of “violating the confidentiality of the investigation” over her news report on the alleged “death of a two-year-old child due to sexual abuse” was held at the Büyükçekmece 9th Criminal Court of First Instance on 27 September 2024.

Kepenek and her lawyer Emine Özhasar were present at the hearing.

Kepenek said, “Throughout my career, I have tried to make the voices of women and children heard by adhering to the professional principles of the press. As the basic principle of my profession, I observe the rights of victims and make their voices heard in a correct and ethical way to the society without re-victimizing them.”

Lawyer Özhasar said, “The indictment is not clear enough in terms of the criminal charge. If our client Evrim Kepenek had not reported this story, she would not have practiced journalism. She clearly stated that the news was based on allegations. The client exercised her right to freedom of expression and reporting. This case should not have been filed. We demand acquittal.”

The court decided to send the file to the prosecutor to prepare their final opinion on the case, and adjourned the trial until 24 January 2025.

Journalist İsmail Eskin acquitted in retrial

The second hearing in the retrial of journalist İsmail Eskin on the charge of “terrorism propaganda” over his social media posts was held at the Diyarbakır 4th High Criminal Court on 26 September 2024.

Eskin did not attend the hearing while his lawyer Resul Temur was present.

The prosecutor declared their final opinion on the case and demanded sentencing for Eskin for the impugned crime.

Lawyer Temur stated that they disagreed with the prosecutor's opinion and emphasized that the Court of Cassation's reversal decision was very clear.

The court acquitted Eskin on the grounds that the legal elements of the crime did not form.

A lawsuit was filed against journalist İsmail Eskin for “terrorism propaganda” over his social media posts as a reporter for the shut-down Dicle News Agency (DİHA) during the curfews in Diyarbakır, Şırnak and Mardin in 2015-2016 and ISIS attacks on Kobanê. In 2017, Diyarbakır 4th High Criminal Court sentenced Eskin to 3 years, 1 month and 15 days in prison for “terrorism propaganda through press and broadcasting.” Eskin's lawyer's appeal to the Gaziantep Regional Court of Appeals was approved by the 3rd Criminal Chamber. After the Court of Cassation overturned the verdict, the case was sent to Diyarbakır 4th High Criminal Court for retrial.

Mehmet Şah Oruç's trial adjourned until January 2025

The fifth hearing in the trial of Mezopotamya Agency reporter Mehmet Şah Oruç on charges of “membership in a terrorist organization” and “terrorism propaganda” over his journalistic activities and open witness statements was held at the Bitlis 2nd High Criminal Court on 26 September 2024.

Oruç and his lawyer did not attend the hearing.

The trial was adjourned until 30 January 2025.

Rights defender Şebnem Korur Fincancı's compensation case adjourned until October

The fifth hearing in the compensation case brought against former Turkish Medical Association (TTB) Central Council President Şebnem Korur Fincancı upon the complaint of the Ministry of National Defense was held at the Ankara 2nd Civil Court of First Instance on 24 September 2024.

In her defense, Fincancı stated that she is a member of an international group of independent forensic medicine experts and said, “This is an institution that documents rights violations all over the world. We give our opinions as experts in such cases. It is interesting that the Republic of Turkey and the Ministry of National Defense take offense and feel that I am insulting them. I am one of the most important forensic medicine experts in the world, no matter how much they denigrate me.”

The court adjourned the hearing until 17 October 2024 to hear the parties' final arguments on the case.

Korur Fincancı is on trial over her televised remarks on the alleged use of chemical weapons by the Turkish Armed Forces during a live broadcast of Medya Haber.

Abdullah Kaya's trial on “terrorism” charges adjourned until November

The 31st 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 24 September 2024.

Kaya attended the hearing, while his lawyers excused themselves.

In his defense, Kaya stated that he is a journalist and journalism is not a crime.

The court ruled to await the outcome of Kaya's case at the Court of Cassation. The trial was adjourned until 21 November 2024.

İzel Sezer and Doğan Ergün acquitted in retrial

Following the reversal decision of the appellate court, the first hearing in the retrial of Doğan Ergün, former Editor-in-Chief of İleri Haber, and İzel Sezer, then Managing Editor, on the charge of “unlawful disclosure of data obtained by recording non-public conversations between individuals through the press and broadcasting” was held at the İstanbul 33rd Criminal Court of First Instance on 24 September 2024.

Sezer and the lawyers of the parties were present at the hearing, which was monitored by P24. Ergün did not attend the hearing.

Taking the floor after the identification, Sezer stated that she had nothing to say about the reversal decision of the appellate court and demanded her acquittal.

Ali Büyüközdemir, the lawyer of the co-plaintiff Mustafa Doğan İnal, said that they did not accept the negative points in the reversal decision of the appellate court.

Sezer and Ergün's lawyer Özgür Urfa said, “In the reversal decision, freedom of the press and freedom of expression were discussed in detail, and it was stated that our clients did not commit the impugned offense. We demand the acquittal of our clients in line with the decision of the appellate court.”

The prosecutor demanded that the appellate court’s decision of reversal be complied with.

The court acquitted Sezer and Ergün since the legal elements of the impugned crime have not formed.

Click here for details of the report.

Trial of Evrim Kepenek on charge of “spreading false” information” gets underway

The first hearing in the trial of journalist Evrim Kepenek for “spreading false information” over her social media post about the 6 February earthquakes was held at the İstanbul 13th Criminal Court of First Instance on 23 September 2024.

Kepenek and her lawyer Deniz Yazgan Şenay were present at the hearing.

Presenting her defense at the hearing, Kepenek stated that the social media post about the gendarmerie, who confiscated aid tents in Pazarcık district of Kahramanmaraş on 15 February saying “all aid will be handled by AFAD,” was presented with a confirmed video. Kepenek stated that, as a journalist, she had a duty to present confirmed information to the public and reminded that her post did not meet the conditions for the “crime of disinformation.”

Lawyer Şenay said that the investigation against Kepenek, who is tried over the open-source research report, was carried out in excess of authority. In addition, Şenay stated that the Presidential Decree published in the Official Gazette in 2018 gave “AFAD the authority to seize,” and demanded Kepenek's acquittal.

The court gave the lawyers time to submit the video in the post and the presidential decrees in question, and adjourned the trial until 24 February 2025.

At least 26 journalists and media workers in prison

As of 27 September 2024, there are at least 26 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a finalized prison sentence.

The full list can be accessed here.