Constitutional Court rules "BİK’s advertisement ban is a rights violation;" MHP leader Devlet Bahçeli threatens journalists covering Sinan Ateş murder trial; Saturday Mothers/People acquitted in trial over 950th protest

Constitutional Court rules "BİK’s advertisement ban is a rights violation"

The Constitutional Court has ruled that the banning advertisements and announcements penalties imposed by the Press Advertisement Agency (BİK) violated freedom of the press and freedom of expression, and ordered a retrial.

In February 2020, BİK imposed a 10-day ban on advertisements and announcements on Evrensel newspaper over the news article titled “Basın İlan Kurumu Kürtçe yayımcılığı bitirdi” (Press Advertisement Agency ended Kurdish publishing) published in September 2019, and cancelled this right completely in August 2022. Evrensel then appealed the case to the Constitutional Court.

The Constitutional Court, combining the applications of Evrensel, Cumhuriyet, BirGün, Sözcü and Tunceli Emek newspapers over the same news item in its decision, ruled that the advertisement bans were a violation of freedom of expression and freedom of the press.

MHP leader Devlet Bahçeli threatens journalists covering Sinan Ateş murder trial

At a group meeting on 1 October 2024, far-right Nationalist Movement Party (MHP) Chairman Devlet Bahçeli threatened four journalists (Murat Ağırel, Timur Soykan, Şule Aydın, Barış Pehlivan) who reported on the assassination of Sinan Ateş, the former chair of MHP’s youth wing Idealist Hearths.

Bahçeli said, “Halk TV and CHP, watch your step. Everyone should know their place and avoid violating boundaries. We do not let owls hoot at our doorstep, and we pluck the wings of vultures. You cannot question the MHP with four clown reporters.”

On the other hand, Soykan shared on his social media account that Ateş’s murderer Eray Özyağcı threatened them by making a gun sign during the final hearing in the Sinan Ateş case on September 30.

Appellate court rejects appeal against acquittal of 3 journalists

The appellate court announced its decision in the case in which Managing Editor of Evrensel newspaper Görkem Kınacı, News Director of BirGün newspaper Uğur Şahin, Managing Editor of birgun.net Uğur Koç were tried and acquitted on charges of “insulting a public official” and “defamation.”

In its ruling dated 19 September, the appellate court rejected the appeal on the merits.

Following the allegation of spousal battery and some corruption cases of “high-ranking member of the judiciary” raised by İstanbul MP Ahmet Şık, then a member of the 12th Criminal Chamber of the Court of Cassation İrfan Fidan had filed a criminal complaint against  Şık and the executives of the BirGün and Evrensel newspapers, which reported the claim.

On 19 October 2022, at the end of the final hearing held at the Beykoz 6th Criminal Court of First Instance, the court had acquitted the defendants. Upon this, İrfan Fidan's lawyer had appealed the verdict.

Access ban imposed on BirGün's “Ebubekir Şahin” report

The Ankara 8th Criminal Judgeship of Peace has censored the reporting by BirGün’s reporter İsmail Arı that Radio and Television Supreme Council (RTÜK) Chairman Ebubekir Şahin hired his brother-in-law and made his brother-in-law deputy head of department.

The court ruled that the news item titled “Becerikli başkan Ebubekir Şahin: Bacanağını ve kayınbiraderini RTÜK’e aldı” (The resourceful chairman Ebubekir Şahin: He hired his brother-in-law and sister-in-law at RTÜK” violated the personal rights of the plaintiff Şahin and blocked access to the news article. 

The court also blocked access to the Youtube videos of Ünsal Ünlü, İrfan Değirmenci and Erol Mültecimler, who commented on the news article, and ordered the videos to be deleted.

Yadigar Aygün battered and detained while following the new

Socialist Party of the Oppressed (ESP) marched on İstiklal Street in Beyoğlu district of Istanbul on 2 October in protest of the Israeli attacks. As five ESP members were delivering a speech to the public, the police broke up and detained them forcefully.

The police also intervened journalists covering the incident and detained Gazete Patika reporter Yadigar Aygün forcefully.

Indictment against JinNews reporter Melek Avcı accepted

The indictment filed by Ankara Chief Public Prosecutor's Office against JinNews reporter Melek Avcı on the charge of “terrorism propaganda” over her news posts on her social media account was accepted by the Ankara 19th High Criminal Court.

In the indictment, news posts about the imprisoned PKK leader Abdullah Öcalan’s prison conditions, and ISIS camps on the Turkish border were cited as evidence for the accusation.

Decision of non-prosecution for one of 5 journalists sentenced to house arrest 

Prosecutor’s office issued a decision of non-prosecution for Gazete Duvar reporter Cihan Başakçıoğlu, who was detained in a house raid in Izmir on 13 February over his journalistic activities on the suspicion of “membership in a terrorist organization” and released by the court under judicial control conditions. Başakçıoğlu was called to give his statement by the prosecutor's office last week as part of the investigation that has been ongoing for nearly eight months.

On the other hand, no decision has been made about Mezopotamya Agency (MA) reporters Delal Akyüz and Tolga Güney, JinNews reporter Melike Aydın, Peoples' Equality and Democracy Party (DEM Party) press worker Fatma Funda Akbulut who were sentenced to house arrest, and MA reporter Semra Turan who was imposed judicial control in the same investigation.

Saturday Mothers/People acquitted in trial over 950th protest

The fourth hearing in the trial of 20 relatives of the disappeared and human rights defenders on the charge of “violating the Law No. 2911 on Meetings and Demonstrations” was held at the İstanbul 39th Criminal Court of First Instance on 4 October 2024. The defendants, who are members of the Saturday Mothers/People group, demonstrating for nearly two decades for justice for their loved ones who were forcibly disappeared in custody in the 1980s and 1990, were detained during the 950th week of the Saturday Mothers/People's protest.

Some of the defendants and their lawyers attended the hearing, which P24 monitored.

Cüneyt Yılmaz, one of the defendants, said in his defense, “On the day of the incident, we were battered and detained without any warning on our way to Galatasaray Square. I do not accept the accusation against me.”

Yılmaz was followed by the defense of Hünkar Hüda Tanrıverdi. Tanrıverdi said, “We were detained without any warning. At the police station, we were asked 'from where did you get permission to protest?' The right to peaceful demonstration is a constitutional right. There is no need to get permission from anywhere,” he said, denying the accusation against him.

Presenting their final opinion on the case, the prosecutor demanded the acquittal of all defendants on the grounds that the elements of the impugned crime did not form.

The defendant lawyers took the floor in turn and made statements against the final opinion. Reminding that peaceful demonstration is a constitutional right, the lawyers demanded the acquittal of their clients.

Murat Çelik, one of the defendant lawyers, said, “A prosecutor who knows the law and acts with conscience cannot find the meeting unlawful and present ’non-resistence’ as a reason for acquittal.” The prosecutor responded, “You cannot call the prosecutor and judge of the Turkish nation unconscience.”

The defendants, who were asked for their last words, demanded their acquittal.

The court acquitted all defendants on the grounds that the elements of the impugned crime did not form.

KCK Press Trial adjourned until January 2025

The 32nd hearing in the KCK Press Trial, in which 46 journalists and press workers are charged with “membership in a terrorist organization,” “leading a terrorist organization” and “terrorism propaganda” was held at the İstanbul 3rd High Criminal Court on 3 October 2024.

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

The lawyer of journalist Yüksel Genç stated that a new case was filed against their client at the İstanbul 25th High Criminal Court and that the case is similar to the current case in terms of subject matter and date of offense, and requested the cases to be merged.

The court decided to request the case file filed against Yüksel Genç at the İstanbul 25th High Criminal Court to be examined and to await the execution of the arrest warrant issued for İsmet Kayhan, one of the defendants. 

The trial was adjourned until  23 January 2025.

Thirty-two of the 46 journalists were detained in an operation against Kurdish journalists on 20 December 2011, and sent to pre-trial detention on 24 December. The indictment cites journalistic activities such as interviews, photographs, press releases, notes, conversations with news sources and names of news sources found on their phones as evidence against the journalists.

Trial of Furkan Karabay adjourned until December

The first hearing in the trial of journalist Furkan Karabay on the charge of “insulting the president” over his social media posts was held at the İstanbul 74th Criminal Court of First Instance on 3 October 2024.

Furkan Karabay did not attend the hearing while the lawyers of the parties were present. P24 monitored the hearing.

Karabay's lawyer Enes Hikmet Ermaner said, “We could not make the client ready this hearing, but we will make him ready for the next hearing.”

President Recep Tayyip Erdoğan's lawyer also stated that their complaint continues and requested to join the case as co-plaintiff.

The court accepted the request and adjourned the trial until 13 December 2024.

Journalist and writer Ercan Aktaş’s trial adjourned until March 2025

The 24th hearing in the trial of journalist and writer Ercan Aktaş on charges of “dissuading people from military service” and “terrorism propaganda” was held at the Bakırköy 2nd High Criminal Court on 2 October 2024.

The court ruled to start proceedings to obtain Aktaş's statement in his country of residence and to await the execution of the order for Aktaş’s detention.

The trial was adjourned until 5 March 2025.

Defendants acquitted in armed attack on journalist Yaman Kaya in Bursa

The second hearing in the trial over armed attack on Başka Gazete Editor-in-Chief Yaman Kaya in Bursa last year was held at the Bursa 6th High Criminal Court on 2 October 2024. In the first hearing held on 8 May, the court had ruled for the release of the defendants.

Three witnesses were heard in the second hearing. Yaman Kaya's lawyer Dilan Firik Akkuş, who was asked for her opinion after the witnesses, stated that the witnesses changed their testimonies at the hearing and requested the defendants to be punished.

After the hearing of the witnesses and the opinion of the lawyer, the prosecutor announced their final opinion on the case. The prosecutor demanded the acquittal of the defendants on the grounds that no evidence was found in the bullet trace samples taken, that there were no eyewitnesses who saw and identified the perpetrator of the incident, and that there was no convincing evidence that the defendants committed the crimes impugned on them.

The court acquitted defendants Zülküf B. and Sedat M. due to lack of evidence.

Journalist Kaya's lawyer Akkuş said that they will appeal the verdict and take it to the appellate court.

Rüstem Batum's trial adjourned until April 2025

The second hearing in the trial of journalist Rüstem Batum on the charge of “insulting the president” over two social media posts dated 2018 and 2019 was held at the İstanbul 60th Criminal Court of First Instance on 1 October 2024.

Batum, who resides abroad, did not attend the hearing, but his lawyer Emine Özhasar was present. P24 monitored the hearing.

Özhasar stated that the legal elements of the crime charged against Batum did not form and demanded his immediate acquittal. Özhasar also requested a writ to be issued to receive statement of Batum, who lives in the US.

The court decided to wait for the execution of the arrest warrant issued against Batum, and adjourned the trial until 8 April 2025.

Furkan Karabay acquitted in case he was imprisoned

Third hearing in the trial of journalist Furkan Karabay who is charged with “marking those involved with the fight against terrorism” and “insulting a public official" over a news article titled “Mafya davasında rüşvet kavgası tutanaklarda: Polis nereye bıraktıysa oradan aldı, konuşursam çarşı pazar karışır” (Bribery fight in Mafia case is in the minutes: Police took it from wherever they left it, if I talk about it, the bazaar will be confused) published on Gerçek Gündem news site, and a social media post, was held at the İstanbul 24th High Criminal Court on 1 October 2024.

Furkan Karabay and his lawyer were present at the hearing, which P24 monitored.

The prosecutor repeated their final opinion on the case presented in the previous hearing, and demanded that Karabay be sentenced for the impugned crimes.

Making his defense against the final opinion, Karabay said, “I stand behind every word I wrote. If the same allegations were in question today, I would write it again. Because this is my duty. I serve as a public official. I do not regret the news I reported. I am also sure of the accuracy of my reporting. I do not recognize any sentence or acquittal decision you will issue” The presiding judge responded “It was brave” to Karabay, who completed his defense.

The court acquitted Karabay unanimously on the charge of “marking those involved with the fight against terrorism” and by majority vote on the charge of “insulting a public official.”

Click here for details of the report.

At least 26 journalists and media workers in prison

As of 4 October 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.