“Agents of influence” bill passed in parliamentary commission; access to social media restricted after attack on TUSAŞ; 119 social media accounts, including news websites and journalists blocked; Kazım Güleçyüz imprisoned pending trial

“Agents of influence” bill passed in parliamentary justice commission 

The draft law on “agents of influence” was passed in the Parliament on 23 October with an article added to the Bill on the Amendment of the Notary Public Law and Some Other Laws. 

Article 16 of the bill introduces a new crime in the Turkish Penal Code in order to "combat espionage more effectively." 

In the information note on the proposal, it is regulated that “Those who commit crimes against the security of the state and its domestic or foreign political interests in line with the strategic interests or instructions of a foreign state or organization will be punished with imprisonment from three to seven years. Thus, apart from the provision or disclosure of documents and information, committing a crime for the purpose of espionage is also regulated as a separate crime and it is aimed to combat espionage activities more effectively. In case the act was committed during wartime or that it endangered the State's war preparations or war activity or military movements, the penalty will be aggravated. 

The bill first came to the public agenda in recent months. The bill was expected to be submitted to the Parliament as part of the 9th Judicial Package before the Parliament went into recess, but AKP Parliamentary Group Deputy President Muhammet Emin Akbaşoğlu in his statement in June argued that the article on “agents of influence” had never been a part of the 9th Judicial Package. Akbaşoğlu said, “This proposal contains no provisions concerning the Law 6284.” Akbaşoğlu added that they would continue working on the 9th Judicial Package after the Eid holiday and that the proposal concerning the package would be submitted to the parliamentary speaker’s office after the holiday. 

Click here for our detailed analysis of the bill. 

Click here for our online panel about the bill. 

Access to social media restricted after attack on Turkish Aerospace Industries  

Following the attack on Turkish Aerospace Industries (TUSAŞ) facilities on 23 October, access to social media platforms X, Instagram, Facebook, YouTube and TikTok was restricted. RTÜK, on the other hand, announced that a broadcast ban was ordered by the court.  

The access restriction was lifted on the morning of 24 October.  

Interior Minister Ali Yerlikaya announced on the day of the attack that five people lost their lives and 22 others were injured. 

Access block to 119 social media accounts, including news sites and journalists 

Access to a number of accounts, including those of journalist Can Dündar, Al Monitor writer Amberin Zaman and writer Cemre Birand, were blocked from Turkey on 22 October. 

The accounts of news websites such as Bold Medya, Kronos and Aktif Haber were among those blocked. 

In a statement made by the Interior Ministry, it was noted that 177 social media account managers who “made FETÖ propaganda, praising and condolence posts on social media platforms” following the death of Fethullah Gülen within the scope of the virtual patrol activities carried out and that action was initiated against these account managers. 

The ban was imposed on 119 of the 177 accounts against which action was initiated  

Yeni Asya Editor-in-Chief Kazım Güleçyüz imprisoned pending trial 

Yeni Asya newspaper Editor-in-Chief Kazım Güleçyüz was detained in Istanbul on 23 October over his social media posts following the death of “Fethullah Gülen terrorist organization-FETÖ” leader Fethullah Gülen. 

Güleçyüz was taken to the prosecutor's office on the charge of “terrorism propaganda” as part of an investigation launched by the Istanbul Chief Public Prosecutor's Office Terror and Organized Crime Investigation Bureau and was imprisoned pending trial the same day.  

Court of Cassation upholds Mehmet Baransu's prison sentence 

The 3rd Criminal Chamber of the Court of Cassation upheld the 13-year and 6-month prison sentence given to Mehmet Baransu, the writer of the shut-down Taraf newspaper, on charges of “membership in a terrorist organization” as part of the “FETÖ” investigation. 

The Chamber completed its appellate review of the Mersin 2nd High Criminal Court's verdict against Baransu on 19 July 2020. Accordingly, it was decided to uphold the sentence of Baransu, who was sentenced to 13 years and 6 months in prison by the local court on the charge of “membership in a terrorist organization." 

An investigation was launched against Mehmet Baransu over his pieces on “genetically modified rice allegedly seized at customs in Mersin Port” and it was alleged that he received information and documents from “FETÖ member security officers.” A public lawsuit was filed against Baransu at Mersin 2nd High Criminal Court. Baransu was sentenced to 2 years in prison for “violating confidentiality of an investigation,” 4 years in prison for “disclosing confidential information” and 13 years and 6 months in prison for “membership in a terrorist organization,” for a total of 19 years and 6 months. 

The 2nd Criminal Chamber of the Adana Regional Court of Appeals upheld Baransu's 6-year prison sentence on charges of “violating confidentiality” and “disclosing confidential information” in 2022. 

Compensation case over Barış Pehlivan's news article 

Cengiz Bayırlı, an entrepreneur living in the United States, filed a lawsuit against Cumhuriyet newspaper columnist Barış Pehlivan, claiming that his “personal rights” were violated in an article titled “Ev satın alırken nasıl dolandırıldılar" (How they were defrauded when buying a house) and sued the newspaper, Pehlivan as well as BirGün newspaper, Tele 1, Halk TV and T24 for a total of TL 2 million 500 thousand in damages.  

In the complaint dated 25 September 2024, in addition to compensation, a correction was demanded for the news article.  

Journalist Aysın Komitgan briefly detained over her statements on Fethullah Gülen's death 

Aysın Komitgan, the editor-in-chief of Bursa’da Bugün TV channel in Bursa, was detained over statements she made after the death of Fethullah Gülen, the former leader of the Fethullahist Terrorist Organization (FETÖ). Komitgan was released on 23 October. 

Komitgan wrote about Gülen, who died on 21 October, “The day has begun. We woke up to a breaking news that had been on the agenda a few times before, but they had come out to be false. The news of Fethullah Gülen's death came. He passed away yesterday. The news of his death was confirmed by sources close to his organization and his nephew. What can we say, may his place be in heaven.” 

In response to these remarks, Bursa Chief Public Prosecutor's Office launched an investigation against Komitgan on the charge of “terrorism propaganda” and “praising an offense or an offender.” 

On the other hand, Bursa'da Bugün newspaper fired Komitgan. Making a statement on their website, the newspaper said, “Due to her unacceptable statements, program presenter Aysın Komitgan has been dismissed from our institution.”

Dicle Müftüoğlu acquitted 

The fifth hearing in the trial of journalist Dicle Müftüoğlu on the charge “membership in a terrorist organization” over her journalistic activities was held at the Diyarbakır 5th High Criminal Court on on 24 October 2024. 

Müftüoğlu, who was released on 29 February 2024 after 10 months of detention, and her lawyer Resul Temur were present at the hearing. 

Müftüoğlu made a defense about the allegations against her and reminded that she remained in pre-trial detention for 10 months and was being tried over her journalistic activities. Müftüoğlu pointed to the prosecutor's opinion delivered in the previous hearing on the demand for her punishment on the charge of “membership in a terrorist organization” and stated that she has been an active journalist for 15 years and continues her profession.  

The court acquitted Müftüoğlu of the impugned crime. 

Singer Ferhat Tunç's trial adjourned 

The 19th hearing in the trial of artist Ferhat Tunç on the charge of “inciting the public to hatred and hostility” was held at the Büyükçekmece 4th Criminal Court of First Instance on 23 October 2024.  

No one attended the hearing.  

The court decided to await the execution of the arrest warrant against Tunç and adjourned the trial until 5 February 2025. 

Ferhat Çelik and Osman Akın's trial adjourned 

The fifth hearing in the trial of Yeni Yaşam newspaper Editor-in-Chief Mehmet Ferhat Çelik and Managing Editor Osman Akın over reporting on Sedat Peker's allegations against Serhat Albayrak was held at the İstanbul 2nd Criminal Court of First Instance on 24 October 2024 on charges of “insult” and “defamation.” 

No one attended the hearing , which was monitored by P24.  

The court decided to await the execution of the arrest warrant issued against Çelik.  

The trial was adjourned until 22 April 2025. 

Court abandons testimony of secret witness in Safiye Alağaş's case 

The fifth hearing in the trial of Safiye Alağaş on the charge of “membership in a terrorist organization” over her journalistic activities and social media posts when she was JinNews News Director was held at the Diyarbakır 5th High Criminal Court on 22 October 2024. 

The court decided to cancel the testimony of the secret witness, to continue the ban on leaving the country and adjourned the trial until 9 January 2025. 

Abdurrahman Gök faces news investigation 

The fifth hearing in the trial of Mezopotamya Agency editor Abdurrahman Gök on charges of “membership in a terrorist organization” and “terrorism propaganda" over his journalistic activities and witness statements was held at the Diyarbakır 5th High Criminal Court on 22 October 2024. 

The court noted that the secret witness, who claimed that Gök “carried out press and broadcasting activities on behalf of the terrorist organization,” did not respond to the request to be heard, thus the decision to hear the witness was abandoned on the grounds that “the case should not be dragged on.”  

The court decided to keep in place the ban on leaving the country, to wait for the return of the file under appeal at the Court of Cassation, and to request a copy of the file of the new investigation opened against Gök by the Diyarbakır Chief Public Prosecutor's Office in 2024.  

The trial was adjourned until 30 January 2025. 

Case of Hayko Bağdat on charge of “insulting the president” dismissed due to statute of limitations 

The 17th hearing in the trial of journalist Hayko Baghdad on the charge of “insulting the president” was held at the İstanbul 51st Criminal Court of First Instance on 22 October 2024. 

The hearing was monitored by P24 and no one attended. 

In their final opinion on the case, the prosecutor requested that the case against Bağdat be dismissed pursuant to Article 223/8 of the Criminal Procedure Code, as it is understood that the eight-year statute of limitations has expired due to the type and upper limit of the prescribed penalty. 

The court decided to dismiss the case against Bagdat due to the statute of limitations, as it was understood that the eight-year ordinary statute of limitations set out in Articles 66/1 and 67/4 of the Turkish Penal Code had expired between 21 October 2016, the date of the indictment, and the date of the hearing. 

The General Secretariat of the Presidency had filed a criminal complaint against Bağdat over the remarks he made in his program broadcast on Bugün TV on 1 September 2015. The İstanbul Chief Public Prosecutor's Office launched an investigation following the denunciation and issued an indictment against the journalist on 21 October 2016 on the charge of “insulting the president.” 

At least 27 journalists and media workers in prison 

Following Yeni Asya daily Editor-in-Chief Kazım Güleçyüz being imprisoned pending trial, as of 25 October 2024, there are at least 27 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.