Naci Sapan fined for “insulting” trustee; Court of Cassation approves imprisonment sentence for Ferhat Tunç; indictment against journalists under house arrest accepted; imprisonment sentence in case against six journalists

 

Court of Cassation approves imprisonment sentence against singer Ferhat Tunç

The 3rd Penal Chamber of the Court of Cassation has approved the imprisonment sentence of 2 years 1 month and 12 days against singer Ferhat Tunç for the crime of “terrorism propaganda.” The 3rd Criminal Chamber rejected the appeal on merits on grounds that there was no unlawfulness in the verdict against Tunç and ruled unanimously to approve the verdict.

 

A criminal case on the charge of “terrorism propaganda” was filed against Tunç over four social media posts dated 2015 and 2016. At the end of the hearing held at the İstanbul 36th High Criminal Court, Tunç was sentenced to 2 years 1 month and 12 days in prison in light of the intensity of intent, gravity of the threat and the means used in committing the crime.

 

Tunç’s lawyer Fatma Hopikoğlu filed an appeal with the higher court following the announcement of the reasoned verdict on 25 September 2018.

 

The 2nd Penal Chamber of the İstanbul Regional Court of Justice ruled on 4 February 2020 to reject the appeal as there was no unlawfulness in the ruling of the local court in terms of procedure or merit; there were no deficiencies in evidence or procedures; the assessment was sound in terms of proof; the action had been categorized correctly and was consistent with the type of crime identified in the law. The defense then filed an appeal with the Court of Cassation.

 

Indictment against journalists under house arrest accepted

The indictment against journalists Semra Turan, Tolga Güney and Melike Aydın were accepted by the court. The judicial control measures on the journalists, who are being accused of professional activities, were not lifted.

Mezopotamya Agency (MA) reporters Semra Turan, Tolga Güney and Delal Akyüz, JinNews reporter Melike Aydın, Gazete Duvar reporter Cihan Başakçıoğlu and Peoples’ Equality and Democracy Party (DEM Party) press officer Funda Akbulut were detained in home raids carried out in İzmir on 13 February 2024. The journalists appeared before the court on 16 February 2024 and Aydın, Güney, Akyüz and Akpınar were released on house arrest. Journalists Turan and Başakçıoğlu were released under the judicial control measure of having to sign their name twice a week.

Eight months after their detention, a decision not to prosecute was issued for Başakçıoğlu. The indictment prepared against Akpınar was filed with the İzmir 18th High Criminal Court, which sent it to the İzmir 2nd High Criminal Court. Akpınar’s indictment is still being examined by the court.

While no indictment was filed against Akyüz, the indictment against Turan, Güney and Aydın were accepted by the İzmir 13th High Criminal Court on 30 October 2024. The trial of three journalists charged with “membership in a terrorist organization” is to be held on 10 February 2025. The judicial control measures on journalists were not lifted on the grounds that “evidence had not been collected”.

 

Journalist Öznur Değer filles complaint over threats received

JinNews reporter Öznur Değer has filed a criminal complaint over the threats she has received overt her reporting on the blackmail gang directed by Özcan Polat.

 

Değer filed a complaint for “threat” and “insult,” and also requested a restraining order to be issued against Özcan Polat and his relatives to ensure her safety of life.

 

Action filed against BirGün newspaper and İsmail Arı over complaint by Erdoğan’s former lawyer

 

President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal has filed an action for damages worth TL 100,000 against the BirGün newspaper and journalist İsmail Arı, over Arı’s news item titled “Bağırıp çağırdığı öğretmen ölüyordu,” (The teacher he screamed at nearly died) which was published in the 24 September 2024 edition of BirGün.

Lawyer Mustafa Doğan İnal, who was also connected with claims of “FETÖ stock exchange” in the past, filed a complaint with the İstanbul Civil Court of First Instance on call through his lawyer Ferah Yıldız and claimed the reporting was an attempt at “publicly denigrating and marking him as a target in the eyes of the public.”

The news item subject to the action contained the expression, “A female teacher who was scolded by principal Necla İnal, cousin of Erdoğan’s former lawyer İnal collapsed and had to be taken to hospital. The school administration did not even call an ambulance for the teacher and the Ministry of National Education has launched an investigation.”

 

Sözcü reporter Evren Demirdaş faces investigation for “disinformation”

An investigation has been filed against Sözcü newspaper reporter Evren Demirdaş on suspicion of “fabricating a crime” and “spreading false information” over a complaint filed by pro-AKP businessperson Veysel Demirci.

 

Demirdaş had reported on the Ziver Petrol İnşaat company, which is owned by pro-AKP businessperson Veysel Demirci, winning the Housing Development Administration (TOKİ) tender for the construction of 283 residential units and a commercial center with two store units in the Karşıyaka neighborhood of central Elazığ. In his reporting, Demirdaş pointed out that the tender had been awarded after negotiated tendering, mentioned the nine other public tenders the same businessperson had won and stated that Demirci had been awarded TL 642 million worth of TOKİ tenders.

 

Click here for the details of the article.

 

Journalist Naci Sapan fined on charge of “insulting” trustee

Tigris News Agency Publications Coordinator Naci Sapan has been ordered to pay an administrative fine worth 135 days for the crime of “insulting a public official” over his column titled “Kayyumlar, kayyumcuklar” (Trustees, little public trustees) about claims of corruption and irregularities in the sale of land with development permits. Sapan had written the column when the Diyarbakır Metropolitan Municipality was under trustee administration.

 

In the column, Sapan claimed that then governor of Diyarbakır and public administrator for the metropolitan municipality Ali İhsan Su and other members of the commission were engaged in corruption through the sale of land with development permits owned by the Diyarbakır Metropolitan Municipality and Yenişehir Municipality.

 

Please click here for the details of the article.

 

Perihan Kaya’s retrial on “terrorism” charges adjourned until March 2025

The fifth hearing in the trial of journalist Perihan Kaya on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the Diyarbakır 10th High Criminal Court on 1 November 2024.

While Kaya, who was abroad, did not attend the hearing, her lawyer was present.

Kaya’s lawyer Resul Temur stated that his client had provided a statement abroad a long time ago and the translation had been conveyed to the court.

The court ruled to await the response to the writ issued abroad for Kaya’s defense statement to be obtained and adjourned the trial until 21 March 2025.

 

Tunca Öğreten and Murat Baykara appear before court over their documentary “Met Çıkmazı”

The first hearing in the trial of journalist Tunca Öğreten and Murat Baykara on charges of “encouraging the use of drugs” and “not reporting a crime” over their documentary film “Met Çıkmazı”, which takes the dimensions of the trade in methamphetamine as its subject, was held at the Bakırköy 13th Criminal Court of First Instance.

The court ruled to call the person who complained about the documentary to the Communication Center of the Presidency (CİMER) and adjourned the trial until 25 March 2025.

 

Two trials of writer Gökhan Yavuzel adjourned

The hearings in the two trials of writer Gökhan Yavuzel, both on the charge of “insulting the president” was held at the Şanlıurfa 4thCriminal Court of First Instance on 31 October 2024.

No parties attended the hearings.

Both trials were adjourned until 24 June 2025.

 

Imprisonment sentence in case against six journalists

The fourth hearing in the trial of journalists Serpil Ünal, Yadigar Aygün, Pınar Gayıp, Eylem Nazlıer, Zeynep Kuray and Esra Soybir on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the Anadolu 22nd Criminal Court of First Instance on 31 October 2024. The journalists had been assaulted and detained on 29 April 2023, while protesting the operations and detentions against press workers in Kadıköy, İstanbul.

Journalist Yadigar Aygün and defense lawyers were present at the hearing.

The prosecutor repeated their final opinion on the case presented at the previous hearing, which called for the sentencing of the journalists for the impugned crime.

The court ruled that the impugned crime had been established and sentenced the journalists to 5 months of imprisonment each. The court deferred the sentence. Noting that journalist only Serpil Ünal had been in probation due to a previously deferred sentence, the court ordered Serpil Ünal to pay an administrative fine.

 

Order for forcible court appearance for journalist Buse Söğütlü

The second hearing in the trial of journalist Buse Söğütlü, who was detained while covering the 21st Feminist Night March held in Taksim İstanbul, and four others on charges of “resisting to prevent fulfillment of duty,” “attending unlawful meetings and demonstrations and not dispersing willingly despite warnings” and “insult” was held at the İstanbul 10th Criminal Court of First Instance on 30 October 2024.

 

Ayşen Gedikli, one of the plaintiff police officers, was present at the hearing, which P24 moniotred. The defendants and their lawyers did not attend the hearing.

 

Plaintiff police officer Gedikli said, “On the day of the incident, although we issued repeated warnings in line with the orders, there were people who did not leave. While I tried to make defendant Buse Söğütlü leave, she insulted me, saying ‘You cannot go through my bag, are you a thief’ and ‘pervert.’ I maintain my complaint, as I was insulted while in uniform.”

 

The presiding judge asked the plaintiff police officer why she had filed her complaint not immediately but three months after the incident. The police officer said she had filed the complaint three months later due to her heavy workload.

 

The court ruled for Buse Söğütlü and another plaintiff police officer to be forcibly made to appear before the court. The court also ruled to issue a writ to the İstanbul Provincial Directorate of Security for the identification of current duty station of former İstanbul Branch Director of Security Hanifi Zengin and another police officer and for their appearance in court.

 

The court adjourned the trial until 26 June 2025.

 

At least 27 journalists and media workers in prison

As of 1 November 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.