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.
New regulation on “committing a crime on behalf of an illegal organization” was also annulled by the Constitutional Court; Sadık Topaloğlu released pending trial; life imprisonment handed to police officers in Dink murder trial
Top court annuls Parliament's amendment for Art. 220/6
The Constitutional Court also annulled the article on “committing crimes on behalf of an illegal organization,” which it had annulled as unconstitutional in 2023 but was rearranged 10 months ago with the 8th Judicial Package. Thus, the regulation that stipulates “committing crimes on behalf of an illegal organization without being a member of it” was annulled for the second time.
The Constitutional Court also found unconstitutional a similar regulation under the heading of “crimes against the security of the state,” which stipulated a prison sentence from 5 to 10 years. The Supreme Court also criticized the Turkish Grand National Assembly (TBMM) for not making a regulation in line with the findings of the Constitutional Court's annulment decision. In the decision, the Constitutional Court pointed out that the TBMM did not make a regulation by considering the constitutional guarantees regarding fundamental rights and freedoms in the light of the findings of the Constitutional Court's aforementioned annulment decision and said, “Therefore, it is undoubted that the rules will have the same consequences as the annulled regulation. In this context, it has been concluded that the phrase 'crime committed on behalf of an illegal organization' in the rules is ambiguous and the rules do not meet the requirement of legality.”
Since the courts will not be able to apply the regulation that will be deemed null and void with the annulment decision that will enter into force six months later, the situation of those who are being tried for this crime will be re-evaluated.
Paragraph 6 of Article 220 of the Turkish Penal Code states, “A person who commits a crime on behalf of an illegal organization without being a member of it shall also be punished for the crime of being a member of the organization. The punishment for the crime of being a member of an illegal organization may be reduced by up to half. The regulation of this paragraph shall only apply to armed organizations” had been annulled by a Constitutional Court decision dated 2023. In the decision, it was stated that “it causes people to be punished for an extremely serious crime such as being a member of an illegal organization.” The act of “committing a crime on behalf of an illegal organization,” which the Constitutional Court had said “there must be concrete grounds” and annulled by pointing out the ambiguity of the concept of “on behalf of an organization,” had become a separate crime in the new regulation made in paragraph 6 of Article 220 of the TCK with the 8th Judicial Package in 2024. Accordingly, a person alleged to have “committed a crime on behalf of an illegal organization without being a member of it” would be sentenced to imprisonment from 2 years and 6 months to 6 years, and the sentence could be reduced by up to half depending on the nature of the crime. With the paragraph added to Article 314 of the TCK, which regulates the “armed organization” clause in terms of “crimes against the security of the state and crimes against the constitutional order and its functioning,” a person could also be sentenced to imprisonment from 5 years to 10 years.
The canceled regulations are as follows;
- “A person who commits a crime on behalf of an organization without being a member of it shall also be sentenced to imprisonment from 2 years and 6 months to 6 years. Depending on the nature of the offense committed, the sentence may be reduced by up to half. The regulation of this paragraph shall only apply to armed organizations.”
- “A person who commits a crime on behalf of an illegal organization without being a member of it shall also be sentenced to imprisonment from 5 years to 10 years. Depending on the nature of the offense committed, the sentence may be reduced by up to half.”
JinNews reporter Derya Ren briefly detained
JinNews reporter Derya Ren, who was detained on 7 January on her way to Nizip district to cover a murder of a woman in Gaziantep, was released the same day.
Ren had been taken into custody by police officers “on suspicion”. Ren was detained on the charge of “resistance,” yet, her statement was taken for “insult.”
Denying the accusations, Derya Ren said, “I did not insult anyone, on the contrary, the policeman, whom I could identify if I saw him, insulted me. I do not accept the accusations against me. I demand to identify the police officer who insulted me,” adding that she is the plaintiff and would file a complaint against the police officer who insulted her.
Derya Ren was released after statement procedures.
Access to 7 news sites blocked
Access to websites of Gazete Patika, ETHA, Mücadele Birliği, Kızıl Bayrak, Özgür Gelecek, Umut Gazetesi and Yeni Demokrasi Gazetesi was blocked by the Ankara 10th Criminal Judgeship of Peace on 8 January 2025.
The decision was based on the grounds of “protection of national security and public order.”
Trial of 46 people arrested at meeting of Saturday Mothers/People adjourned
The trial of 46 people who were detained during the police intervention in the banned 700th week meeting of the Saturday Mothers/People for “not dispersing despite being warned” was adjourned due to the judge's leave of absence at the end of 14th hearing held at the İstanbul 21st Criminal Court of First Instance on 10 January 2025.
Hrant Dink main case adjourned until February
The ninth hearing in the retrial of public officials for the murder of Agos weekly Editor-in-Chief Hrant Dink on charges of “premeditated intentional killing” and “violating the Constitution” was held at the İstanbul 14th High Criminal Court on 10 January 2025.
Imprisoned defendants Veysal Şahin, Gazi Günay, Okan Şimşek, Muharrem Demirkale, Osman Gülbel and Yavuz Karakaya attended the hearing via judicial videoconferencing system (SEGBİS) from the prisons where they are currently detained, while defendants free pending trial Mehmet Ayhan, Bekir Yokuş, Mehmet Ali Özkılınç, Onur Karakaya, Ali Öz and Volkan Şahin attended the hearing via SEGBİS from their cities of residence. The defendant Şükrü Yıldız and the lawyers of the parties were also present in the courtroom.
P24 monitored the hearing.
The prosecutor requested the continuation of the defendants' imprisonment due to the lower and upper limits of the charges against them. The presiding judge said that they would only decide on the imprisonment of Hasan Durmuşoğlu since he was in hospital.
The court decided to keep the imprisoned defendants in pre-trial detention and adjourned the trial until 7 February 2025.
Hrant Dink murder trial: Life imprisonment handed to police officers for “violating the Constitution”
The 11th hearing in the retrial of 12 defendants in the Hrant Dink murder case, five of whom are police officers, on charges of “attempting to overthrow the constitutional order,” “membership in a terrorist organization” and “committing crimes on behalf of an illegal organization” was held at the İstanbul 14th High Criminal Court on 10 January 2025.
The hearing, which was monitored by P24, was attended by convicted defendants Ali Fuat Yılmazer, Ramazan Akyürek, Yasin Hayal, Erhan Tuncel, Zeynel Abidin Yavuz and Tuncay Uzundal from the prisons where they are currently imprisoned, and defendants Ersin Yolçu, Ogün Samast and Adem Sağlam from their provinces of residence via the judicial videoconferencing system.
The prosecutor, repeating their final opinion on the case presented in the previous hearing, demanded that the charge of “committing a crime on behalf of an illegal organization” against the instigators Ahmet İskender, Erhan Tuncel, Yasin Hayal, Tuncay Uzundal, Zeynel Abidin Yavuz and Ersin Yolçu and the shooter Ogün Samast be dropped due to the statute of limitations. The prosecutor demanded the acquittal of Adem Sağlam, the then Trabzon Anti-Terror Branch directorate officer, on charges of “attempting to overthrow the constitutional order” and “intentional killing with negligent behavior,” and sentencing on the charge of “membership in an illegal organization.” The prosecutor demanded that Ali Fuat Yılmazer and Ramazan Akyürek, the police chiefs of the time, be sentenced for “attempting to overthrow the constitutional order.”
Ali Fuat Yılmazer in his defense said, “Ogün Samast's distorted testimony made us guilty. His vague statements were used against me. Prosecutor Gökalp Kökçü deliberately created evidence against me. My trial here is unlawful. In the intelligence report dated February 2006, sent from Trabzon Police Headquarters to İstanbul, there was information about a sound-making action against Dink. In intelligence jargon, a 'sound-making action' is not such an ordinary action. It was known by everyone, especially the İstanbul Governorship, that Hrant Dink was a target. So, what did İstanbul do? Nothing. This intelligence document was concealed from me. If it had not been hidden, I would have written to the Protection Department and provided protection for Dink. However, I was abroad with Sabri Uzun at the time.”
Yılmazer said, “Prosecutor Gökalp Kökçü turned the claims of Doğu Perinçek and the Aydınlık group into an indictment. If I am a terrorist in this country, anyone can be declared a terrorist.”
Yılmazer's lawyer argued that the case is not a legal case, that it is purely politically motivated and that the elements of the imputed crimes did not form.
Asked for his last word, Ali Fuat Yılmazer said, “I believe that God will pass judgment on me when the time comes. That is my last word.” Ramazan Akyürek said, “If you fear God, I demand that you decide accordingly.” Erhan Tuncel said, “I do not say ‘thank God for the homeland’ because these gangs will be held to account.” Defendants Zeynel Abidin Yavuz, Tuncay Uzundal, Yasin Hayal, Adem Sağlam, Ersin Yolçu and Ogün Samast also asked for their acquittal.
The court dismissed the charges of “committing a crime on behalf of an illegal organization” against Ahmet İskender, Erhan Tuncel, Yasin Hayal, Tuncay Uzundal, Zeynel Abidin Yavuz, Ersin Yolçu and the shooter Ogün Samast due to statute of limitations and separated the files of fugitive defendants Faruk Sarı and Yahya Öztürk. Ali Fuat Yılmazer and Ramazan Akyürek were sentenced to life imprisonment on the charge of “attempting to overthrow the constitutional order;” Adem Sağlam was acquitted of “attempting to overthrow the constitutional order” and “intentional killing by negligent act” and sentenced to 6 years 10 months and 15 days in prison on the charge of “membership in an illegal organization.” It was ruled that the ban on leaving the country for the defendants, for whom a verdict of dismissal was issued, will continue until the verdict is finalized.
Case against journalist İdris Yılmaz dismissed
The second hearing in the lawsuit filed against journalist İdris Yılmaz on charges of “inciting the people to disobey the law,” “inciting the people to hatred and hostility” and “spreading false information” was held at the Erciş 4th Criminal Court of First Instance on 9 January 2025.
The hearing was monitored by P24 and Yılmaz's lawyer Hazal Sümeli connected to the hearing via judicial videoconferencing system from the İstanbul 50th Criminal Court of First Instance. Yılmaz did not attend the hearing.
Yılmaz had previously been investigated by the Van Chief Public Prosecutor's Office for the same act and a decision of no prosecution was issued. Yılmaz's lawyer Sümeli demanded his client's acquittal for the sake of legal security in accordance with the finalized decision of no prosecution.
The prosecutor also requested the dismissal of the case due to the finalized decision of no prosecution.
The court dismissed the case due to the finalization of the Van Chief Public Prosecutor's Office's previous decision of no prosecution against Yılmaz for the same act.
Journalist Sadık Topaloğlu released
The first hearing in the trial of imprisoned journalist Sadık Topaloğlu on charges of “membership in a terrorist organization” was held at the İstanbul 25th High Criminal Court on 9 January 2025.
Topaloğlu and the defendant Mehmet Savaş as well as their lawyers were present at the hearing, which was monitored by P24.
Journalist Sadık Topaloğlu denied the charges against him. Topaloğlu said, “The file is completely duplicate, I was tried for the same crime in 2019 with the testimony of secret witness Özgür Baran. I said in my police statement that the photographs said to belong to me in the indictment do not belong to me. I went to Erbil in 2015 purely for journalistic activity, to do an interview. When we went, a group met us and told us that we could not enter Qandil without wearing the clothes they gave us. However, when things got chaotic, they sent us back in a hurry and I couldn't do the interview.”
Topaloğlu said, “The file is the same file in which I was tried in 2019 and sentenced in 2020. My notebook, which was seized during the house search, consists of notes I took during my journalistic activities. As for financing the organization, it is said that Mehmet Savaş and I exchanged money. Mehmet is my childhood friend. I either borrowed money or lent money, there is no such high amount of money and there is no continuous account activity.”
The defendant Mehmet Savaş also denied the accusation against him and asked for his acquittal.
Sadık Topaloğlu's brother Bilal Topaloğlu was heard as a witness. Witness Bilal Topaloğlu stated that he had founded the company allegedly financing the organization with Mehmet Savaş and two other childhood friends, and that his brother Sadık Topaloğlu had no ties to the company.
Topaloğlu's lawyers stated that the trial was a duplicate and that he could not be sentenced twice on the same charges. Topaloğlu's lawyers demanded the dismissal of the case and the release of their clients. The prosecutor, on the other hand, demanded that the witnesses who were not heard be heard and that Topaloğlu's detention be continued.
The court ruled for Topaloğlu's release and adjourned the trial until 6 May.
Topaloğlu was imprisoned pending trial on 13 July 2024 as part of an investigation into his journalistic activities.
Prosecutor demands sentencing for former JinNews News Director Safiye Alağaş
The sixth hearing in the trial of Safiye Alağaş on the charge of “membership in a terrorist organization” over the news she reported when she was the News Director of JinNews was held at Diyarbakır 5th High Criminal Court on 9 January 2025.
Alağaş did not attend the hearing while her lawyer Resul Temur and Pirozhan Karali Güler were present.
The prosecutor stated that the open investigation files against Alağaş in Diyarbakır and Siirt are not related to this case, and therefore the court should not await the outcome of these files. Lawyer Temur stated that these files are directly related to this case. Reminding that his client is being tried in this case due to the news published in JinNews, he pointed out that the investigation opened in Siirt is also related to the news published in JinNews.
The court made an interim decision to waive the request for the fate of the investigation files opened against Alağaş in Siirt and Diyarbakır to prevent the trial from dragging on.
The prosecutor then presented their final opinion on the case to the court and demanded sentencing for the impugned crime.
Taking the floor against the final opinion, Alağaş's lawyers asked for more time to prepare their defense against the final opinion and the secret witness statements.
The court accepted the request and adjourned the trial until 28 January.
Ramazan Ölçen's trial adjourned until May
The 15th hearing in the trial of Ramazan Ölçen, the licensee of the now-defunct Azadiya Welat newspaper, on charges of “membership in a terrorist organization” over news reports and articles published in the newspaper, was held at the Diyarbakır 11th High Criminal Court on 8 January 2025.
The court decided to wait for the return of the letter written to the Ministry of Justice for the testimony of Ölçen, who lives abroad, and the execution of the arrest warrant against Ölçen.
The trial was adjourned until 21 May 2025.
Trial of journalist Pınar Gayıp, two co-defendants adjourned until February
The fifth hearing in the retrial of three people, including Etkin News Agency (ETHA) reporter Pınar Gayıp, on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the İstanbul 23rd High Criminal Court on 8 January 2025.
Ferhat Harun Pehlivan's lawyer was present at the hearing, which was monitored by P24. The defendants did not attend the hearing.
The prosecutor repeated their final opinion on the case he presented in the previous hearing and demanded that the defendants Gülsen İmre and Ferhat Harun Pehlivan be sentenced for “terrorism propaganda.” Considering the ongoing investigation and prosecution of Pınar Gayıp, the prosecutor requested that the journalist's case be separated.
The presiding judge stated that the lawyers of Pınar Gayıp and Gülsen İmre had excused themselves and asked Ferhat Pehlivan's lawyer whether he would make a statement against the final opinion. Pehlivan's lawyer requested time until the next hearing.
Accepting the excuses and the time request, the court adjourned the trial until 19 February 2025.
Journalists Deniz Nazlım, Sibel Yükler and Yıldız Tar acquitted
The fourth hearing in the trial of journalists Deniz Nazlım, Sibel Yükler and Yıldız Tar, who were detained in Ankara during a press statement on the imprisonment of journalists in Diyarbakır, was held at the Ankara 71st Criminal Court of First Instance on 7 January 2025.
Nazlım and Yükler did not attend the hearing, while Tar did. The journalists were defended by lawyer Muhammed Ünsal and lawyer Gulan Çağın Kaleli from the Human Rights Foundation of Turkey (TİHV).
The prosecutor presented their final opinion on the case and asked for a sentence for the impugned crime.
The judge acquitted all three journalists on the grounds that the elements of the impugned crime did not exist.
Furkan Karabay given jail term over news item on “bribery in the judiciary”
The second hearing in the trial of journalist Furkan Karabay on the charge of “denigrating the judicial organs of the state” over a news report on alleged bribery in the judiciary was held at the İstanbul 2nd Criminal Court of First Instance on 7 January 2025.
Karabay and his lawyer Enes Hikmet Ermaner attended the hearing.
In his defense against the prosecutor’s final opinion, Karabay said, “If there is anyone who insults the judicial organs of the state, it is the so-called lawyer who casually takes a photo in the room of a terrorist prosecutor and shares it on social media to gain benefits. I do not accept the charges against and I demand my acquittal.”
Karabay's lawyer Enes Hikmet Ermaner stated that his client was a journalist and that the allegations of bribery in the judiciary had been also written by journalist Tolga Şardan as well as included in a petition sent to the Council of Judges and Prosecutors by a prosecutor working at the İstanbul Courthouse.
After the last defenses, the court took a break for the verdict. After the recess, the court decided to sentence Furkan Karabay to 6 months in prison for the impugned crime.
The sentence was first reduced to 5 months by applying mitigating circumstances, which was then converted into a judicial fine of TL 4,500.
Cengiz Erdinç acquitted of “spreading false information”
The first hearing in the trial of journalist Cengiz Erdinç, author of Kısa Dalga, for “spreading false information” was held at the Ayvalık 1st Criminal Court of First Instance on 7 January 2025.
In his defense, Erdinç's lawyer Baran Kaya stated that the police confiscated nearly 50 digital materials during a search of Erdinç's home, even though the legal elements of the crime did not form, and that this was clearly aimed at preventing journalistic activities.
The prosecutor stated that the legal elements of the crime did not form and demanded acquittal.
The court acquitted Cengiz Erdinç.
Trial of İrfan Uçar on charge of “membership in a terrorist organization” gets underway
The trial of journalist İrfan Uçar, who was detained on 6 December 2024 in a house raid on the allegation of “membership in a terrorist organization,” started at the Gaziantep 2nd High Criminal Court on 7 January 2024.
Journalist İrfan Uçar, who was asked by the presiding judge what he had to say about the allegations, stated that he did not accept the accusations against him in the indictment and said, “I have been a journalist since 1988. I have worked in a number of media organizations in my 35 years of professional life. I am not a member of any terrorist organization; I am a journalist. The charges include a statement I made to ROJ TV about the killing of two journalists. I know very well 'what I did not say.' There was no contradiction in my statement that would be subject to the indictment.”
The court heard from the secret witness who attended the hearing via the judicial videoconferencing sytem. The secret witness said that he did not know whether İrfan Uçar acted on the instructions of the organization or not, and that he thought that he might have received instructions since he was in a managerial position at the newspaper he worked for.
Uçar and his lawyers stated that the testimony of the secret witness was not valid.
The court decided to keep in place the ban on leaving the country and the judicial control of İrfan Uçar; to issue a writ to bring the secret witness to the court; to ask about the fate of the digital materials seized by the law enforcers and to get information about the investigations against Uçar in Gaziantep and Tekirdağ.
The trial was adjourned until 29 April 2025.
The indictment against Uçar cites the statement he made to a TV channel (ROJ) about the killing of two journalists; books and digital materials seized during the house raid; secret and open witness statements; two years of phone tapping and technical surveillance reports as elements of the crime.
Trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan adjourned until April
The 22nd hearing in the trial of journalists Eylem Sonbahar, Sema Karakurt and Metin Cihan on charges of “resisting against fulfillment of duty” was held at the Antalya 25th Criminal Court of First Instance on 6 January 2025.
No one attended the hearing.
The trial was adjourned until 21 April 2025.
At least 32 journalists and media workers in prison
Following the release of journalist Sadık Topaloğlu on 9 January, as of 10 January 2025, there are at least 32 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.