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 – 475

Freedom of Expression and the Press in Turkey – 475

“Agents of influence” bill withdrawn, MHP Chair Devlet Bahçeli tells off journalist; lawyers appeal against Furkan Karabay’s imprisonment; Gözde Bedeloğlu ordered to pay administrative fine for “insult”

“Agents of influence” bill withdrawn

The proposed law known as “agents of influence” bill was withdrawn on 13 November 2024.

Main opposition Republican People’s Party (CHP) Parliamentary Group Deputy President Murat Emir issued the following statement on his social media account: “[The proposal] was withdrawn a few moments ago as a result of our work to inform the public with the great support of our people and the work and criticism we caried out in parliament.”

Government representatives said that they had withdrawn the proposal for now and would re-submit it after further work.

The proposed “Law on Amendments to the Law on Notaries Public and Some Other Laws,” which was submitted with the Grand National Assembly of Turkey (TBMM) on 18 October 2024 and passed through the TBMM Justice Commission on 24 October was a “law package” containing 23 items on amendments or revisions to 12 laws. Item 16 in the law package would have added an article to section seven of the Turkish Penal Code 5237 on “Crimes Against State Secrets and Espionage” and defined a new crime. The proposed article contained the expression “Those committing crimes to the detriment of the security or, internal or external interests of the State in line with the strategic objectives or directives of a foreign state or organization are sentenced to imprisonment of from three to seven years.” For this crime to form, the perpetrator should be “acting in in the strategic interests or directives of a foreign state or organization.”

“Foreign organizations” are defined as: “Any organization that was not founded or established under Turkish law. A foreign organization may be subject to a foreign state or may not be subject to any state.”

The proposal also stated that if the crime is committed during time of war, sentencing would be increased to from eight to 12 years and would be doubled if committed by personnel employed at national security institutions.

MHP leader Devlet Bahçeli tells off journalist asking question about Erdoğan

Nationalist Movement Party (MHP) Chair Devlet Bahçeli took questions from journalists in the parliamentary lobby after the parliamentary group meeting of his party on 12 November 2024. Journalist Hilal Köylü asked Bahçeli, “Is there a difference in opinion between you and President Erdoğan about the solution process?”

Bahçeli reacted strongly to the question and said, “My brothers and sisters in the press, you should give up provoking discrimination with false information that misleads Turkey. If you cannot give it up, then you should give up the profession.”

Lawyers appeal against Furkan Karabay’s imprionment

Journalist Furkan Karabay’s lawyers Enes Hikmet Ermaner and Harun Karabay have submitted a petition of objection with the İstanbul 2nd Criminal Court of Peace, which ordered for Karabay to be imprisoned pending trial, to be conveyed to the Criminal Court of First Instance on duty. Karabay was imprisoned pending trial on 9 November 2024 on the charge of “marking those assigned with the fight against terrorism as targets.”

The petition states that while Karabay’s arrest was ordered on grounds of the quality and nature of the crime, presence of evidence resulting in strong suspicion of crime, the evidence not having been completely collected and the legal minimum and maximum sentencing foreseen for the impugned crime, none of these justifications were consistent with the act.

Karabay was detained at home on 8 November over his reporting and social media posts about the investigation process regarding Esenyurt Mayor Ahmet Özer, who was replaced with a trustee, and was imprisoned pending trial the following day.

Murat Şevki Çoban’s retrial adjourned

The second hearing in the retrial in the action for damages case against former managing editor of the now shutdown Taraf newspaper Murat Şevki Çoban and another defendant for “attacking personality rights through the press” was held at the Tatvan 3rd Civil Court of First Instance on 13 November 2024.

No parties attended the hearing.

The court ruled to reexamine the case due to a change of judge and adjourned the trial until 29 November 2024.

Çoban, who is represented by P24, has been on trial on the charge of “violating personal rights” over the news article titled “Ot yolmayınca dinsiz oldu” (He became a heathen when he did not pluck weeds) published on 6 June 2012 in the shut-down Taraf newspaper, along with the author of the report, Sümeyra Tansel. The first hearing in the trial was held on 9 July 2013, and the case was overturned by a decision of the 4th Civil Chamber of the Court of Cassation dated 8 March 2016, following which the file was sent back to the court. At the end of the final hearing in retrial held at the Tatvan 1st Civil Court of First Instance on 13 September 2017, Çoban was sentenced to a fine of TL 10,000. In its decision dated 18 September 2023, the 4th Civil Chamber of the Court of Cassation, which re-examined the case upon objection to the verdict, stated that the trial court's verdict of conviction regarding Çoban must be overturned on account of the fact that he was not the responsible managing editor of the newspaper at the time when the article was published.

Journalist İdris Yılmaz appears before court

The first hearing in the trial of journalist İdris Yılmaz on the charge of “provoking the people to disobeying the law,” “inciting the people to hatred and enmity” and “spreading false informatio” was held at the Erciş 4th Criminal Court of First Instance on 14 November 2024.

İdris Yılmaz and his attorney Muhammed Ünsal attended the hearing, which P24 monitored, from the courtroom of the İstanbul 28th Criminal Court of First Instance via the judicial videoconferencing system.

Delivering his defense statement following identification, journalist Yılmaz said that the Van Chief Prosecutor’s Office had previously concluded an investigation into the social media post subject to the case with a decision not to prosecute.

Yılmaz said, “In the demonstrations against the appointment of a trustee to Van Metropolitan Municipality, a citizen who was passing by was subjected to disproportionate violence by the police and filed a criminal complaint against the officers responsible after applying to the Human Rights Association (İHD). Although I interviewed this citizen, I emphasized that it was their claim about the incident in my post because I did not witness the incident myself. Elements of the impugned crimes about my post did not form.” Yılmaz requested his acquittal.

Yılmaz’s lawyer Muhammed Ünsal said, “My client has fulfilled his duty of informing the public as a journalist. Elements of the impugned crimes did not form. We request his acquittal.”

The court ruled to issue a writ to the Van Chief Prosecutor’s Office to ascertain whether the previous decision not to prosecute had been finalized and adjourned the trial until 9 January 2025.

Action for damages against journalist Furkan Karabay adjourned

The second hearing in the action for damages against journalist Furkan Karabay filed by President Erdoğan’s son Bilal Erdoğan was held at the Istanbul 45th Civil Court of First Instance on 14 November 2024. Bilal Erdoğan had filed the action worth TL 250,000 over Karabay’s social media post which was, among other things, about the petition submitted to the Council of Judges and Prosecutors (HSK) by former İstanbul Anadolu Chief Prosecutor İsmail Uçar.

Lawyers for the parties presented excuses not to attend as the presiding judge was on annual leave. The hearing was held summarily, and the action was adjourned until 6 March 2025.

Order issued for detention of journalist Rüstem Batum to obtain defense statement

The seventh hearing in the trial of journalist Rüstem Batum on the charge of “insulting the president” was held at the İstanbul 62nd Criminal Court of First Instance on 14 November 2024.

The hearing, which Batum’s lawyers presented excuses not to attend, was held summarily. The court issued an order for the detention of Batum to obtain his defense statement.

The trial was adjourned until 19 June 2025.

Journalist Melisa Gülbaş’s trial adjourned until April 2025

The second hearing in the trial of journalist Melisa Gülbaş on the charge of “insulting a public official,” which was filed over her reporting upon a complaint by Dr. Mehmet Turan of the Computer Engineering Department of Boğaziçi University, was held at the İstanbul 2nd Criminal Court of First Instance on 14 November 2024.

As the presiding judge was on sick leave, the hearing was held summarily, and the trial was adjourned until 15 April 2025.

Gülbaş is on trial for her news item titled “Boğazişi yönetiminden bilime saldırı: Bize hiçbir laboratuvar ekipmanını koyacak yer bile vermediler” (Boğaziçi administration attacks science: We weren’t even provided with room for lab equipment) which was published on the Gerçek Gündem news site on 18 December 2023.

Trial of İsminaz Temel and Havva Cuştan on “terrorism” charges adjourned until January 2025

The 28th hearing in the trial of 23 people, including Etkin News Agency (ETHA) editor İsminaz Temel, former ETHA reporter Havva Cuştan and lawyers for the Law Office of the Oppressed (EHB) on charges of “membership in a terrorist organization and “terrorism propaganda” was held at the İstanbul 27th High Criminal Court on 13 November 2024.

Lawyers for the defendants were present at the hearing, which Temel and Cuştan did not attend.

At the hearing the prosecutor requested the case file to draft their opinion for the merged indictment, while the court ruled to lift the judicial control measure of signing her name on lawyer Sezin Uçar.

The court ruled to evaluate the judicial control measures applying to other defendants along with the verdict and adjourned the trial until 21 January 2025.

Journalist Gözde Bedeloğlu ordered to pay administrative fine for “insult”

Th fourth hearing in the trial of BirGün newspaper contributor Gözde Bedeloğlu on the charge of “insulting a public official,” filed over a complaint by Nationalist Movement Party (MHP) MP Sermet Atay, was held at the İstanbul 2ndCriminal Court of First Instance on 12 November 2024.

Lawyers for the parties were present at the hearing, which P24 monitored. Bedeloğlu did not attend the hearing.

The court ruled to sentence Bedeloğlu to pay an administrative fine worth TL 7,080, as it had been established she had committed the crime of “insult.” The court ruled to defer the sentence in light of the defendant’s attitude and behavior during the trial.

Click here for a detailed report.

Trial of journalists Mehmet Kamış and Ali Çolak adjourned until February 2025

The 24th hearing in the trial of journalists Mehmet Kamış and Ali Çolak on charges of “attempting to destroy the Grand National Assembly of Turkey or preventing it from fulfilling its duties,” “attempting to destroy the Government of the Republic of Turkey or preventing it from fulfilling its duties,” “attempting to destroy the Constitutional order” and “membership in a terrorist organization” was held at the İstanbul 26th High Criminal Court on 12 November 2024.

Mehmet Kamış, Ali Çolak and their lawyers were present at the hearing, which P24 monitored.

The court heard Nurettin Memur, who attended the hearing via the judicial videoconferencing system as witness. The witness said he knew Mehmet Kamış and said, “I have known Mehmet Kamış since university days. I know he was involved in the FETÖ structure since then. Because he rose as far as becoming the deputy editor-in-chief of the Zamannewspaper.”

Kamış stated that he disagreed with the statement by witness Nurettin Memur and said, “I rose in my profession not because I was part of some structure but because I was a successful journalist.”

Mehmet Kamış’s lawyer Osman Yedekçi said “The witness has said nothing concrete about the charges subject to the case and voiced his own opinions. The witness has not stated anything based on concrete information or experience in an organizational sense. Lawyer Yedekçi requested the judicial control measures on his client to be lifted.

Ali Çolak’s lawyer Enes Malik Kılıç also requested the judicial control measure of signing his name on his client to be lifted.

The court ruled to keep in place the judicial control measures and adjourned the trial until 13 February 2025.

At least 27 journalists and media workers in prison

As of 15 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.

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