Council of State Prosecution demands annulment of circular banning filming of the police; parliament reopens, “disinformation” bill top on the agenda; jail term for Önkibar for "insulting the President"; Emine Erdoğan sues journalist Gökay Başcan for defamation

Prosecutor’s Office of the Council of State demands annulment of the circular banning filming of the police

The Prosecutor’s Office of the Council of State has demanded the annulment of the Directorate of Security circular issued on 27 April 2021 that prohibits taking images of violence perpetrated by the police.

 

Merih Özgüven, Council of State Prosecutor, has presented the following opinion: “Given that the press has the duty of informing public opinion of events and objectively conveying news and opinions pertaining to the public good within the limits of its duties and responsibilities, and as limits may only be placed on the freedom of communication that is among the Constitutionally guaranteed fundamental rights and freedoms through legislation; the circular which is not based on any body of legislation is found to be incompatible with the Constitution and requirements of a democratic social order.”

 

The circular which had been issued after being signed by General Director for Security Mehmet Aktaş had banned filming and voice recording of police officers during demonstrations. On 15 September 2021, the 10th Chamber of the Council of State had ruled for stay of execution and overruled the objections of the Ministry of Interior and the Directorate General of Security.

 

AKP’s Mahir Ünal: Parliament will reconvene with the “disinformation" bill on top of the agenda

In a statement on 24 September 2022, Mahir Ünal, Deputy Chairman for the AKP Parliamentary Group said that the Grand National Assembly of Turkey (TBMM) would reconvene for the new legislative year on 1 October with the “Proposed Law on Amendments to the Law on the Press and Some Other Laws,” popularly known as the “disinformation" bill top on the agenda.

 

The draft bill submitted to the parliament by the AKP and the MHP on grounds of “combating disinformation” had been debated in the General Assembly of parliament and had drawn strong criticism.

If the proposal consisting of 40 articles becomes law, article 217 of the Turkish Penal Code will be amended with the addition of the crime of “Publicly disseminating information that is deceiving to the public.” The proposed article foresees imprisonment sentences of between one and three years for persons “who publicly disseminate false information on the internal or external security of the country, public order and general health in a manner amenable to disrupting public peace with the sole intention of creating anxiety, fear or panic within the public.”

Journalist Sabahattin Önkibar sentenced to imprisonment of 11 months and 20 days for "insulting the President"

The final hearing in the trial of journalist Sabahattin Önkibar on charges of “insulting the President” was held at the Anadolu Courthouse 53rd Criminal Court of First Instance on 26 September 2022.

 

The court ruled that the impugned crime of Önkibar had been established and sentenced the journalist to 11 months and 20 days of imprisonment.

 

Delivering a statement on the ruling, Özkibar said that there was no expression in what he said that could be construed as a crime and said that the sentencing was a form of intimidation and silencing before the upcoming election and went as follows: “Here’s a question: Both the president and I reside in Ankara. The so-called crime also took place in Ankara. That being the case, why did the Palace lawyer insist on filing the case at the Anadolu Courthouse in İstanbul, and why did the trial take place there despite objections. What is going on behind the scenes?”

Demokratik Modernite employee Ramazan Dişarı imprisoned pending trial

 

Demokratik Modernite magazine employee Ramazan Dişarı was arrested while distributing magazines at the HDP Tekirdağ Provincial Congress on 25 September 2022.

 

Dişarı, who was taken to the Tekirdağ Provincial Directorate of Security gave a statement against allegations of “membership in a terrorist organisation,” “terrorism propaganda,” and “funding a terrorist organisation.”

 

Rejecting the allegations, Dişarı said that he had acquired the magazines he was selling from publishers and that this did not constitute a crime. Dişarı had been wounded by the attacker in an armed attack on the HDP’s Bahçelievler district headquarters on 28 December 2021. Dişarı had given a statement to the Mezopotamya Agency (MA) after that attack, and in his questioning he was asked about reporting on him by the MA. Dişarı said that reporting on him had appeared not just in MA but in many news sites.

 

Following procedures at the security directorate, Dişarı was taken to the Tekirdağ Courthouse and referred to the Criminal Judgeship of Peace. Following questioning, Dişarı was sent to Tekirdağ Muratlı Prison pending trial by the Tekirdağ 2nd Criminal Judgeship of Peace.

Request for an investigation into the police officer who threatened journalist İsmail Arı rejected

The request for an investigation into Çekmeköy District Deputy Director of Security Alper Deniz Demir, who had threatened BirGün newspaper reporter İsmail Arı and prevented him from taking images was rejected on grounds that Demir had not “acted in breach of duty” and “had not committed a crime.”

Journalist Arı, who had been reporting on demonstrations at parks in Çekmeköy, İstanbul had been subjected to physical intervention and threats by Çekmeköy District Deputy Director of Security Alper Deniz Demir. Demir had used his hand to prevent Arı from obtaining images of nine people being detained forcefully. Despite Arı presenting his press card and stating he was a journalist, Demir attempted to arrest him and had said “Just you wait, I’ll take you in too.” Arı had filed a complaint about Demir with the Presidency’s Communication Centre (CİMER).

 

Responding to the complaint, the Çekmeköy District Directorate of Security stated that Demir had not been in breach of official duty and said “The claims lack certain and credible proof or evidence.”

 

Emine Erdoğan sues journalist Gökay Başcan for “defamation”

A court case has been filed against BirGün newspaper editor Gökay Başcan on charges of “defamation” over a news item on the amended legislation that empowers the Environment Agency to transfer shoreline plots to private companies and is subject to a reporting ban on the grounds of harming the reputation on Emine Erdoğan, spouse of President Recep Tayyip Erdoğan.

 

The indictment claims that Başcan had “publicly insulted” Emine Erdoğan and “harmed her honour, dignity and standing.” The indictment was accepted by the İstanbul 17th Criminal Court of First Instance.

 

Religious Affairs files formal complaint over news report in Cumhuriyet

The Legal Department of the Presidency of Religious Affairs has filed a formal complaint over the news item titled "İktidar, kaybettiği muhafazakâr seçmeni kazanmak için müftülere talimat verdi: 'Sahaya inin’” (“Government directs muftis to win back conservative voters: ‘To the field’”) published on the website of the Cumhuriyet newspaper on 24 September 2022 and was prepared by Sefa Uyar. The official complaint filed on 26 September 2022 alleges the crimes of “defamation” and “provoking hatred and enmity among the people.”

 

The complaint calls for a criminal case to be filed against the managing editor and other relevant staff of the newspaper.

 

The news item in question stated the following: “According to information obtained by Cumhuriyet, the main agenda item for the meeting was the upcoming elections. Sources state that warnings of ‘Being careful before the election’ were issued at the meeting and claim that muftis were directed ‘With nine months to go until the election, everyone should take to field and carry out work. If we win, we all win; if we lose, we all lose. Go door to door.’ It was stated that President Erbaş said ‘We’ve made great gains. We should not lose them in the next election.’ It was reported that some muftis were uncomfortable at the political messaging, saying ‘have we been called up for electoral campaigning? Are we to engage in electoral propaganda?’

 

Detained journalist Arat Barış released after statement to the prosecutor’s office

Gazete Davul contributor Arat Barış was arrested at İstanbul Sabiha Gökçen Airport on 23 September 2022 due to his reporting and social media posts.

 

The authorities had issued a warrant for Barış's arrest for questioning as part of two investigations launched on charges of “inciting people to hatred and enmity” and “denigrating state institutions.”

 

Barış was detained for seven hours at the İstanbul Courthouse, where he had gone to provide a statement on 27 September 2022. The journalist was released following the statement he gave to the prosecutor’s office on duty, to which he was transferred in the evening.

 

Trial of journalists Taylan Öztaş, Tunahan Turhan, Vedat Örüç adjourned until February

The sixth hearing in the trial of 38 people including journalists Taylan Özgür Öztaş, Tunahan Turhan and Vedat Örüç for “violating the Law 2911 on Meetings and Demonstrations” was held at the Anadolu 13th Criminal Court of First Instance on 27 September 2022.

 

The court which decided to lift the ban on travelling abroad on journalist Vedat Örüç accepted the excuses of other defendants’ attorneys and adjourned the trial until 28 February 2023.

 

Journalist Gençağa Karafazlı’s trial adjourned until December

The second hearing in the trial of journalist Gençağa Karafazlı, who reported on allegations of harassment at Recep Tayyip Erdoğan University in 2017 on charges of “defamation” was held at the Rize 4th Criminal Court of First Instance on 27 September 2022.

 

The court decided to hear six students who filed a complaint against Assoc. Prof. Dr. Serkan Hacivanferoğlu for mobbing and harassment as witnesses. The trial was adjourned until 20 December 2022.

 

Journalist Zübeyde Sarı’s trial adjourned until December

The third hearing in the trial of journalist Zübeyde Sarı on charges of “publicly inciting the people to hatred and enmity” was held at the Bakırköy 24th Criminal Court of First Instance on 29 September 2022.

 

While Sarı did not attend the hearing, her attorney Emine Özhasar was present.

The temporarily assigned prosecutor, who replaced the prosecutor for the case who is on annual leave, requested that the file be sent to the prosecutor’s office for the preparation of the opinion as to the allegations. The court accepted the request and postponed the trial until 1 December 2022.

 

The indictment lists 11 social media posts, obtained through the “cyber patrolling” method which the Constitutional Court has ruled to be unconstitutional as evidence of the charges brought against Sarı. Among the social media posts presented as evidence for the charges are posts that contain the expressions “Dersim massacre” and “Kobane.”

 

Trial of journalists Sena Dolar, Muhammet Enes Sezgin adjourned until February

The second hearing in the trial of 40 people, including journalists Sena Dolar and Muhammet Enes Sezgin, on charges of “violating the Law 2911 on Meetings and Demonstrations” was held at the Silivri Penal Institution’s Hearing Hall 2 on 29 September 2022.

 

Journalist Muhammed Enes Sezgin, some of the other defendants and their attorneys were attended the hearing.

 

The court, which ruled that the defendants’ whose defence statements were taken to be exempted from the hearing, decided that an SMS be sent for defendants who have not yet delivered defence statements to be put under a warrant for arrest if they fail to appear before the court at the next hearing. The trial was adjourned until 10 February 2023.

 

Journalist Hayri Demir’s trial adjourned until October

The 13th hearing in the trial of journalist Hayri Demir on charges of “membership in a terrorist organisation” and “terrorism propaganda” for journalistic activities in northern Syria was held at the Ankara 15th High Criminal Court on 28 September 2022.

 

Demir and his attorney Nuray Özdoğan were attended the hearing, which P24 followed.

 

The expert’s report on the digital materials belonging to Demir had been included in the case file. The report states that no elements of crime were found in the examined digital materials.

 

Following the hearing which lasted for a total of four minutes, the court decided on the case file being sent to the prosecutor’s office for the preparation of the opinion as to the accusations. The trial was adjourned until 4 October 2022.

 

Please click here for detailed reporting.

 

Journalist Burhan Ekinci’s trial adjourned until February

The fifth hearing in the trial of journalist Burhan Ekinci on charges of “terrorism propaganda” over his social media posts was held at the İstanbul 30th High Criminal Court on 27 September 2022.

 

At the hearing, which P24 followed, Ekinci’s attorney Merve Kurhan repeated their request for a letter rogatory for her client’s statement to be received. Refusing to grant the request for the letter rogatory, the court ruled to await the execution of the order for the detention of Ekinci and adjourned the trial until 1 February 2023.

 

Reyhan Çapan’s trial adjourned

The 22nd hearing of the former managing editor Reyhan Çapan of the Özgür Gündem newspaper, which was shut down by statutory decree was held at the İstanbul 2nd High Criminal Court on 27 September 2022. The case, which was formed by the merger of 18 separate indictments on Çapan, brings charges of “terrorism propaganda through the press” and “printing or publishing statements of terrorist organisations.”

 

At the hearing, which Çapan and her attorneys excused themselves from attending, the court ruled to await the execution of orders for the detention of some defendants and adjourned the trial until 7 February 2023.

 

Trial of former employees of Cumhuriyet newspaper adjourned

The sixth hearing in the trial of former employees of the Cumhuriyet newspaper Hazal Ocak, Olcay Büyüktaş Akça, İpek Özbey and Vedat Arık on charges of “marking officials involved in the fight against terrorism as a target” and “violation of the right to privacy” over the news item “Boğaz’da Kaçak Var” (“Irregularities on the Bosporus”) that appeared in Cumhuriyet on 14 April 2020 was held at the İstanbul 26th High Criminal Court on 27 September 2022.

 

Ocak, Akça, Özbey and Arık as well as their attorneys attended the hearing, which P24 followed. The prosecutor demanded that the file be sent to the prosecutor’s office to prepare the opinion as to the accusations. The attorneys for the defendant journalists requested the court to examine the justification for the acquittal ruling in the case of CHP Üsküdar District Chairperson Suat Özçağdaş, who was tried at the Anadolu 17th Criminal Court of First Instance on allegations of photographing the residence of Fahrettin Altun, the Presidency’s Director of Communications.

 

The court refused the request for obtaining the justification of the ruling of the Anadolu 17th Criminal Court of First Instance on the grounds that it would not contribute to the case. The court ruled that the file be resubmitted to the prosecutor’s office for the preparation of the opinion as to the accusations and adjourned the trial until 1 February 2023.

 

The news item prepared by Ocak included claims that landscaping work had been carried out, a wall built, and razor wire installed in a lot with a ban on development rented out from the General Directorate of Foundations next to Fahrettin Altun’s house in Kuzguncuk, İstanbul. Filing a formal complaint with the Chief Prosecutor’s Office of İstanbul following the publication of the news item, Altun had argued that “his residence had been photographed and his full address disclosed without permission” and that he had been “marked as a target.”

 

Demokratik Modernite trial adjourned

The second hearing in the trial of the Demokratik Modernite magazine managing editor Ramazan Yurttapan, Agos newspaper Armenian language pages editor Pakrat Estukyan and three others on charges of “terrorism propaganda” was held at the İstanbul 30th High Criminal Court.

 

Yurttapan, Estukyan and their attorneys attended the hearing, which P24 followed.

 

Defending against charges, Estukyan said “The expression ‘YPG and YPJ gerillaları’ (‘YPG and YPJ guerrillas’) in one of my articles that appeared in the Demokratik Modernite magazine was taken to be organisation propaganda. However, the word ‘gerilla’ (‘guerrilla’) was used there in the same sense as in the dictionary of the Turkish Language Institution (TDK). I had no intention to carry out propaganda” and demanded his acquittal.

 

In his defence, Yurttapan said “As Demokratik Modernite is a magazine for the exchange of ideas, some expressions in it may seem strong. These need to be evaluated as a whole within their context. Therefore, the grounds for the charges are not concrete.”

 

Estukyan and Yurttapan’s attorney Özcan Kılıç requested that his clients be exempted from attending future hearings, as they had concluded their defence. Attorney Sercan Korkmaz requested that the clause on the responsibility of the owner of the work in the Law on the Press be considered and the owners of the works to be identified.

 

The court accepted the request to exempt the defendants from attending hearings, decided that official notifications be prepared for hearing defendants in the merged case and adjourned the trial until 1 February 2022.

 

The indictment, which presents some articles and expressions that appeared in issue 36 of the magazine as evidence for the charges cites article 11 of the Law on the Press for the culpability of Yurttapan as the managing editor for articles and expressions by unidentified suspects who contributed using pen names.

 

File submitted for the opinion of the prosecution in the Boğaziçi exhibition trial

The seventh hearing in the trial of seven students on charges of “inciting the people to hatred and enmity” over an image featured in an exhibition as part of the protests against Boğaziçi University’s Rector Melih Bulu, who was assigned by President Erdoğan, was held at the İstanbul 21st Criminal Court of First Instance on 28 September 2022.

 

Defendants’ attorneys attended the hearing, which P24 followed.

 

In an interim order at the hearing on 17 November 2021 the court had requested the police to carry out an open-source investigation into the display of the image in question and to prepare a report on positive and negative reactions. Defendants’ attorneys who made a statement on the 21-page open-source investigation report prepared by the Anti-Cybercrime Branch upon the court order said that it was clear from the report that neither the criminal act nor intent were established. The attorneys repeated their request for acquittal based on the report.

 

The court decided that the case file be sent to the prosecutor’s office for the preparation of the opinion as to the accusations and adjourned the trial until 17 February 2023.

 

Rogatory documents to be awaited in the Cengiz Çandar trial

The seventh hearing in the trial of journalist Cengiz Çandar and activist Kemal Işıktaş on charges of “praising an offense or an offender” over their social media posts in May 2017 was held at the İstanbul 30th Criminal Court of First Instance on 29 September 2022.

 

Çandar’s attorney attended the hearing, which P24 followed. Işıktaş and his attorney presented an excuse not to attend the hearing.

Attorney Erselan Aktan, who stated that the writing and posts by Çandar subject to the charges could not be treated under said “The criteria that should form the basis of this case are decisions on the freedom of the press and expression.” Aktan requested immediate acquittal.

 

The prosecutor demanded that the request for immediate acquittal be turned down, as conditions had not materialised. Turning down the request for immediate acquittal at this stage of the trial, the court ruled to adjourn the trial until 22 November 2022 for the rogatory documents to be completed.

 

Deniz Yücel’s trial adjourned until January

The fourth hearing in the trial of Die Welt newspaper reporter Deniz Yücel on charges of “insulting the president” and “public denigration of the Turkish nation the state of the Republic of Turkey, the Grand National Assembly of Turkey, the government of the Republic of Turkey and the judicial organs of the state” was held at the İstanbul 2nd Criminal Court of First Instance on 29 September 2022.

 

Yücel’s attorneys attended the hearing, which P24 followed. Yücel’s attorneys requested awaiting the rogatory documents. The court ruled to await the return of the rogatory documents and adjourned the trial until 24 January 2023.

 

Journalist Mehmet Baransu’s trial adjourned

The seventh hearing in the trial of journalist Mehmet Baransu on charges of “insulting the president,” “defamation,” and “insulting a public official” over a series of articles published on haberdar.com between 10-23 May 2016 was held at the İstanbul 2nd Criminal Court of First Instance on 30 September 2022.

 

Baransu’s attorney Çiğdem Koç and President Erdoğan’s attorney attended the hearing, which P24 followed. Baransu attended the hearing through the judicial video-conferencing system (SEGBİS) from Marmara Prison, where he is imprisoned pending trial.

 

Addressing the court, Baransu said “On contrary to what the indictment claims there is not insult directed at the president in my article in question. The expert’s opinion for the case file is lacking in this regard. I demand that a new expert’s opinion be prepared.”

 

The court requested the demand for a new expert’s opinion so as not to delay the case further. The court decided to submit the case with the prosecutor’s office for the preparation of the opinion as to the accusations and adjourned the trial until 10 February 2023.

 

 

The trial of police officers who perpetrated violence against journalist Beyza Kural adjourned

The fifth hearing in the trial of three officers on charges of “violation of the freedom to work and employment” over the police violence inflicted on former bianet reporter Beyza Kural was held at the İstanbul 35th Criminal Court of First Instance on 30 September 2022. The case had been filed after the Constitutional Court ruled that there had been a violation.

 

Defendant police officer Y.Ş. and their attorney attended the hearing, which P24 followed. Kural and her attorney submitted an excuse not to attend the hearing.

 

The court ruled for the defendants Serdal Işık and Zeynep Kuray who did not appear before the court despite due notification to be forcibly brought in and adjourned the trial until 4 November 2022.

 

At least 68 journalists, media workers currently in prison

Mehmet Nur Terzi, attorney for Zaman newspaper Aegean Region Representative Vahit Yazgan, has announced that his client had been released in June. With Yazgan’s release, the number of journalists and media workers in prison dropped to 68 as of 30 September 2022.

 

The full list can be accessed here.