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 – 470

Freedom of Expression and the Press in Turkey – 470

 

3 journalists given jail term in 3 cases; Ministry of Treasury's “unjust enrichment” objection in Aziz Oruç case rejected by appellate court; Dicle Fırat Journalists Association executive detained; Melek Avcı to stand trial for “terrorism propaganda"

Treasury's “unjust enrichment” objection in Aziz Oruç case rejected by appellate court

An appellate court unanimously has rejected the objection of the lawyer of the Ministry of Treasury and Finance to the TL 75,000 compensation awarded to journalist Aziz Oruç for 11 months of imprisonment in a case in which he was acquitted. The ministry had claimed that the compensation would “cause unjust enrichment."

Oruç was detained on charges of “membership in a terrorist organization” and “terrorism propaganda” on 11 December 2019. After 11 months of pre-trial detention, Oruç was released on 9 November 2020 and acquitted on 23 January 2023.

Following the acquittal, Oruç's lawyer had applied to Diyarbakır 2nd High Criminal Court for damages. At the end of the second hearing held on 16 October 2023, the court had ordered the Treasury to pay compensation to the plaintiff Oruç.

Dicle Fırat Journalists Association executive detained during police operation

A large number of people including Dicle Fırat Journalists Association (DFG) executive and journalist Serhildan Andan were detained during police operations carried out in Diyarbakır on 11 October 2024.

While many people were detained during the raids, this number may reportedly increase.

Access block and recall order against Yeni Yaşam newspaper

An access block has been imposed on Yeni Yaşam newspaper columnist Fırat Can's column. A recall order was also issued for the issue in which the article appeared.

The Information and Communication Technologies Authority (BTK) imposed the ban on the article titled “3. Dünya Savaşı, Ortadoğu’da kaos ve çıkış yolu” (World War 3, chaos in the Middle East and the way out) published on 7 October.

Upon the request of İstanbul Chief Public Prosecutor's Office, İstanbul 1st Criminal Judicature of Peace issued a recall order on the newspaper issue in which the column was published.

Terrestrial broadcasting license of Açık Radyo officially canceled by RTÜK

The Istanbul-based independent radio station Açık Radyo announced in a public statement last week that its terrestrial broadcast license was officially revoked under a decision by the Radio and Television Supreme Council (RTÜK).

In its decision on 22 May 2024, RTÜK had issued an administrative fine to Açık Radyo, as well as the suspension of the broadcast of the Açık Gazete program for five days, from 10 June through 14 June 2024 after a guest spoke of "Armenian genocide." In a subsequent decision on 3 July 2024, RTÜK stated that while Açık Radyo had received the notice for broadcast suspension on 31 May 2024, it had continued its broadcasts and thereby violated article 32 of the Law 6112 and revoked Açık Radyo’s broadcast license for not abiding by the broadcast suspension penalty. 

Following an appeal by Açık Radyo against the original decision to fine Açık Radyo and suspend its broadcast, the Ankara 21st Administrative Court issued a stay of execution for RTÜK penalties. Afterwards, RTÜK appealed the decision of “stay of execution.” In its August 1 ruling, the Ankara Regional 10th Administrative Court stated that the "stay of execution" ordered by the Ankara 21st Administrative Court against the RTÜK decision to fine Açık Radyo and suspend its broadcasting was "not contrary to the law.” 

Açık Radyo said in the statement posted on their website on 11 October that they were officially notified of RTÜK’s 3 July decision after the Ankara 21st Administrative Court issued a new ruling on 27 September, this time rejecting the station’s motion requesting the stay of execution of the RTÜK decision.

JinNews reporter Melek Avcı to appear before judge for “terrorism propaganda"

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

Stating that the institution she works for is also mentioned in the indictment as an illegal press organization, Avcı said, “If 40 million people in Turkey follow you, if they rely on your news items to be informed about women and life, you cannot illegalize it.”

Hrant Dink main case adjourned until January 2025

The eighth hearing in the retrial of 15 public officials, seven of whom were imprisoned pending trial, on charges of “premeditated murder” and “violating the Constitution” in connection with the murder of former Agos weekly Editor-in-Chief Hrant Dink was held at the İstanbul 14th High Criminal Court on 11 October 2024.

The statements of all defendants were taken, Muharrem Demirkale did not make a defense. 

The court announced its interim decision and decided to continue the detention of the imprisoned defendants and the judicial control measures of the defendants who are pending trial without arrest.

The trial was adjourned until 10 January 2025 for the final statements of the defendants.

Trial of Yağmur Kaya and 51 Boğaziçi University students adjourned until December

The 10th hearing in the trial of Yağmur Kaya and 51 Boğaziçi University students on the charge of “violating the Law No. 2911 on Meetings and Demonstrations” was held at the İstanbul 17th Criminal Court of First Instance on 11 October 2024.

The file was sent to Istanbul Chief Public Prosecutor's Office for the final opinion to be filed.

The trial was adjourned until 6 December 2024.

GÖÇİZDER closure case adjourned until December

The sixth 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 association executives and 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 judge stated that flash drives, CDs and many publications were sent from the İstanbul 26th High Criminal Court and requested that a writ be sent to the relevant High Criminal Court again and that the examination report on the materials be sent.

The trial was adjourned until 25 December 2024.

Journalist and writer Ercan Aktaş’s trial adjourned

The 20th hearing in the trial of journalist and writer Ercan Aktaş on the charge of “denigrating the Turkish nation” over his social media posts was held at the Küçükçekmece 23rd Criminal Court of First Instance on 10 October 2024.

No one attended the hearing.

The court ruled to await the execution of the arrest warrant against Aktaş and adjourned the trial until 21 January 2025.

Can Ataklı given jail term for “inciting the public to hatred and enmity”

The third hearing in the trial of journalist Can Ataklı on the charge of “inciting the public to hatred and enmity” over his criticism of the statements made by the father of a soldier who lost his life in the clash during the “Operation Claw-Kilit” region was held at the İstanbul 5th Criminal Court of First Instance on 10 October 2024.

Ataklı did not attend the hearing whereas his lawyer was present in the courtroom. P24 monitored the hearing.

Ataklı's lawyer stated that his client could not attend the hearing due to health problems and demanded acquittal, stating that the elements of the crime did not form.

The prosecutor repeated their final opinion on the case they presented in the previous hearing and demanded Ataklı be sentenced for the impugned crime.

Ataklı's lawyer said, “We do not agree with the opinion. Our client's actions are within the scope of freedom of expression and the elements of the crime did not form. We request a decision to be made in the next hearing for the client to be heard.”

The court sentenced Ataklı to 10 months in prison for the impugned crime. The sentence was suspended.

Click here to read details of the report.

Journalist Sultan Eylem Keleş’s trial adjourned

The eighth 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 72nd Criminal Court of First Instance on 10 October 2024.

Sultan Eylem Keleş did not attend the hearing while her lawyer Fatih Aydın was present. P24 monitored the hearing.

Aydın said, “The indictment was returned twice in this case. The previous judge had returned it because it was not understood how the element of 'exercising force' formed. In the third indictment, which was accepted, an attempt was made to prove the allegation of exercising force by copying and pasting the statements of the plaintiffs in the investigation. No concrete evidence was provided. Legal evaluations were insufficient. In terms of insult, there is no concrete evidence except for the statements of the complainants.” Aydın requested time to submit the Court of Cassation's decision on the element of exercising force to the file.

Accepting the time request, the court adjourned the trial until 25 February 2025.

Rüstem Batum’s trial adjourned until March 2025

The 23rd hearing in the trial of journalist Rüstem Batum on the charge of “denigrating the institutions of the state” was held at the İstanbul 43rd Criminal Court of First Instance on 10 October 2024.

Batum did not attend the hearing while his lawyer Emine Özhasar was present. P24 monitored the hearing.

The court ruled ta await execution of the arrest warrant on Batum and adjourned the trial until 13 March 2025.

Batum’s statements on the TV program “Ayşegül Doğan ile Gündem Müzakere,” which was broadcast on İMC TV on 10 September 2015, are cited as evidence of the charge against him.

Rüstem Batum’s trial for “insulting the president” adjourned until April 2025

The 13th hearing in the trial of journalist Rüstem Batum on charges of “insulting the president” and “inciting the people to hatred and enmity” was held at the İstanbul 5th Criminal Court of First Instance on 10 October 2024.

Batum did not attend the hearing while his lawyer Hazal Sümeli was present. P24 monitored the hearing.

Sümeli requested the court to lift the arrest warrant issued for Batum.

The court ruled ta await execution of the arrest warrant on Batum and adjourned the trial until 29 April 2025.

Xwebûn newspaper Managing Editor Mehmet Ali Ertaş sentenced to 1 year and 3 months in prison

The second hearing in the trial of Xwebûn newspaper Managing Editor Mehmet Ali Ertaş on the charge of “terrorism propaganda” was held at the Diyarbakır 9th High Criminal Court on 10 October 2024.

Ertaş did not attend the hearing whereas his lawyer Resul Temur was present.

The prosecutor announced their final opinion on the case and demanded sentencing for Ertaş.

Lawyer Temur reminded the violation decision of the Constitutional Court (AYM) and said, “My client shared his feelings and thoughts in his posts as he is a journalist. He is not in an approach that praises and encourages violence. I think this is the main reason why the Constitutional Court issued a violation decision.” Temur demanded acquittal.

The court sentenced Ertaş to 1 year and 3 months in prison and deferred the sentence. Journalist Ertaş was sentenced to 1 year and 3 months of imprisonment in the case filed against him over social media posts shared in 2015 and 2016 and the sentence was deferred. After the court presented its reasoned decision, Ertaş’s lawyer appealed to the Constitutional Court in 2017. Following the pilot decision of 5 July 2022, in which the Constitutional Court ruled on many applications resulting from the lack of recourse to appellate courts and the Court of Cassation for deferment of the sentence rulings, Ertaş applied to the Diyarbakır 9th High Criminal Court to request a retrial. In its pilot decision, the Constitutional Court found a violation of “the freedom of expression and the right to hold meetings and demonstrations guaranteed by articles 26 and 34 of the Constitution.”

Journalist Barış Terkoğlu’s trial adjourned until February 2025

The third hearing in the trial of journalist Barış Terkoğlu on the charge of “defamation” over three articles which appeared in the Cumhuriyet newspaper was held at the İstanbul 2nd Criminal Court of First Instance on 10 October 2024. The court case against Terkoğlu was filed upon the complaint by former İstanbul Anadolu Chief Prosecutor İsmail Uçar, who was elected a member of the Court of Cassation in January 2024.

Barış Terkoğlu and his lawyer Enes Hikmet Ermaner attended the hearing, which P24 monitored.

Barış Terkoğlu said the following in his defense: "As a journalist, I often write about issues related to the judiciary and I am frequently put on trial. First, a prosecutor from the İstanbul Anadolu Chief Public Prosecutor's Office called me and told me that an investigation was launched against me. Although the address of the newspaper is Şişli, the investigation was opened in that area. Upon my objection, the case was moved here.”

Terkoğlu went on as follows: “A documentary was made about İstanbul Metropolitan Mayor Ekrem İmamoğlu's ‘idiot’ case. I also spoke in that documentary as a journalist who covered the case. I said that Hüseyin Zengin, the previous judge of the case, was dismissed from the case because he would not issue the desired decision. My sources in Hüseyin Zengin's circle also confirmed this. I demand that Judge Hüseyin Zengin be summoned to court and be heard as a witness. Journalist Murat Ağırel also reported that Judge Hüseyin Zengin was put under pressure to give the desired verdict. I demand that Ağırel also be heard as a witness.”

Terkoğlu's lawyer Enes Hikmet Ermaner stated that the material and moral elements of the impugned crime did not form. Ermaner also demanded that Murat Ağırel, who was present outside the courtroom, be heard as a witness.

The prosecutor requested that a copy of Terkoğlu's defense, which was recorded via the judicial videoconferencing system (SEGBİS), be sent to the İstanbul Chief Public Prosecutor's Office. The prosecutor left it to the court's discretion to hear Ağırel.

Murat Ağırel, who was heard as a witness, said, “One month before Barış Terkoğlu's article, I stated on the program I was a guest on Halk TV that Hüseyin Zengin, the judge who handled the İmamoğlu case, would be replaced. I received this information from my judicial sources. Hüseyin Zengin, the judge who was assigned to Samsun, has petitioned the HSK many times about this issue. Judge Zengin will come and talk about this in your court if you summon him. Before Terkoğlu's article, the name of İsmail Uçar, the then Istanbul Anadolu Chief Public Prosecutor İsmail Uçar, who is said to have put pressure on Judge Zengin, was mentioned in various news sources and even by Ekrem İmamoğlu himself.”

The court decided to issue a writ to İstanbul Anadolu 2nd Criminal Judgeship of Peace and to request the access blocking decision regarding the article dated 7 November 2022 and the documents based on this decision, and to issue a writ to the Council of Judges and Prosecutors (HSK) and to ask whether there is an investigation on the allegations and people mentioned in the news content subject to the indictment.

The judge decided that the request as to the hearing of Terkoğlu and his lawyer Ermaner by Judge Zengin should be decided on later, and ordered a copy of the statements recorded via SEGBİS to be sent to the İstanbul Chief Public Prosecutor's Office in line with the prosecutor's request.

The trial was adjourned until 25 February 2025.

Trial of Barış Terkoğlu on charge of “insulting a public official” adjourned

The sixth hearing in the trial of journalist Barış Terkoğlu on charges of “insulting a public official” upon the complaint of former İstanbul Regional Court of Appeals Chief Prosecutor Hadi Salihoğlu was held at the İstanbul 2nd Criminal Court of First Instance on 10 October 2024.

Terkoğlu and his lawyers were present at the hearing, which was monitored by P24.

The prosecutor repeated their previous opinion on the case and asked for Terkoğlu to be sentenced for the charges against him. The lawyer of the defendant Hadi Salihoğlu also demanded a verdict in line with the final opinion.

Making his defense against the final opinion, Terkoğlu said, “I am a journalist. My duty is to write the apparent truth. What is the apparent truth? Witness statements. In line with the witness statements, I wrote that Hadi Salihoğlu's name was in the Adnan Oktar file and in the documents found in his house. The Council of Judges and Prosecutors (HSK) assigned an inspector about Hadi Salihoğlu and a 600-page inspector's report was filed. In line with this report, a lawsuit was filed against Salihoğlu at the 5th Criminal Chamber of the Court of Cassation.” As Terkoğlu's defense continued, Hadi Salihoğlu's lawyer walked out of the courtroom saying, “He is lying, I do not have to put up with it.”

Terkoğlu's lawyer Enes Hikmet Ermaner, in his statement against the opinion, stated that the crime of “insult” did not form and demanded acquittal.

The court decided to write to the 5th Criminal Chamber of the Court of Cassation to ask about the fate of the file on Hadi Salihoğlu and to write a letter to the HSK to ask whether any decision has been made in the investigation file conducted by the 2nd Chamber of the HSK against Salihoğlu.

The trial was adjourned until 25 February 2025.

“Gezi case” retrial of Yapıcı, Ekmekçi and Altınay adjourned

The third hearing in the retrial of Mücella Yapıcı, Yiğit Ali Ekmekçi and Ali Hakan Altınay on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the İstanbul 13th High Criminal Court on 9 October 2024. The defendants’ retrial had begun after the 3rd Criminal Chamber of the Court of Cassation had overturned their sentencing to 1 year and 6 months of imprisonment each for “aiding an attempt to destroy the government of the Republic of Turkey.”

Yapıcı, Ekmekçi and Altınay did not attend the hearing while their lawyers were present. P24 monitored the hearing.

The presiding judge stated that the case would be sent to the prosecutor's office for final opinion to be drafted, and asked the lawyers if they had any requests. The defendant lawyers demanded that the missing elements in the file be completed.

The court decided to send the file to the prosecutor's office for them to prepare their final opinion on the case. The trial was adjourned until 10 December 2024.

Pelin Özkaptan handed jail term

The third hearing in the trial of journalist Pelin Özkaptan on the charge of “terrorism propaganda” over two social media posts was held at the İstanbul 13th High Criminal Court on 9 October 2024.

Özkaptan's lawyers were present at the hearing, which was monitored by P24. Özkaptan did not attend the hearing.

The prosecutor repeated their final opinion on the case they presented in the second hearing held on 28 May and demanded that Özkaptan be sentenced for “terrorism propaganda.”

Özkaptan's lawyer Emine Özhasar stated that the elements of the impugned crime did not form and demanded acquittal.

Hazal Sümeli, one of Özkaptan's lawyers, said, “For the crime of propaganda to occur, there must first be propaganda. There is no propaganda, there is only an expression of thought,” and demanded Özkaptan's acquittal.

The court sentenced Özkaptan to 1 year 6 months and 22 days for “terrorism propaganda." The sentence was deferred.

Click here to read details of the report.

Özgür Gündem retrial adjourned until December

The ninth hearing in the retrial of Hüseyin Aykol, Ayşe Batumlu Kaya, Eren Keskin and Reyhan Çapan on charges of “terrorism propaganda” and “incitement to commit a crime” over their articles published in now-defunct Özgür Gündem newspaper at the İstanbul 14th High Criminal Court on 8 October 2024.

Lawyer Özcan Kılıç was present at the hearing.

Presenting their final opinion on the case, the prosecutor argued that the newspaper published news and articles that “legitimized, praised and supported” acts of a terrorist organization, and demanded sentencing on the charge of “terrorism propaganda.”

Lawyer Kılıç requested additional time to set up defense against the final opinion.

The court accepted the request for additional time for defense and adjourned the trial until 19 December 2024.

Pınar Gayıp's trial adjourned until January 2025

The 17th hearing in the trial of journalist Pınar Gayıp on the charge of “membership in a terrorist organization” was held at the İstanbul 26th High Criminal Court on 8 October 2024.

The court ruled to keep in place the international travel ban imposed on the defendants.

The trial was adjourned until 23 January 2025.

At least 26 journalists and media workers in prison

As of 11 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.

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