The court ruled in line with the reversal decision of the appellate court and acquitted the journalists,ruling that the news article in question was within the scope of freedom of expression

CANSU PİŞKİN, ISTANBUL

Following the reversal decision of the appellate court, the first hearing in the retrial of Doğan Ergün, former Editor-in-Chief of İleri Haber, and İzel Sezer, then Managing Editor, on the charge of “unlawful disclosure of data obtained by recording non-public conversations between individuals through the press and broadcasting” was held at the İstanbul 33rd Criminal Court of First Instance on 24 September 2024.

Sezer and the lawyers of the parties were present at the hearing, which was monitored by P24. Ergün did not attend the hearing.

Taking the floor after the identification, Sezer stated that she had nothing to say about the reversal decision of the appellate court and demanded her acquittal.

Ali Büyüközdemir, the lawyer of the co-plaintiff Mustafa Doğan İnal, said that they did not accept the negative points in the reversal decision of the appellate court. Büyüközdemir requested the court to resist its initial decision and asked for the journalists to be sentenced at the upper limit for the impugned offense.

Sezer and Ergün's lawyer Özgür Urfa said, “In the reversal decision, freedom of the press and freedom of expression were discussed in detail, and it was stated that our clients did not commit the impugned offense. We demand the acquittal of our clients in line with the decision of the appellate court.”

The prosecutor demanded that the appellate court’s decision of reversal be complied with. Presenting their final opinion on the case, the prosecutor stated that there was a public interest in the news article subject to the case, noting that the act subject to the trial was within the scope of the public's freedom of information and freedom of the press. The prosecutor asked for the acquittal of Ergün and Sezer since the legal elements of the crime have not formed.

The court acquitted Sezer and Ergün separately since the legal elements of the charged offense have not formed.

Background of the case

A lawsuit was filed against Ergün and Sezer on charges of “insult,” “unlawfully disclosing data obtained by recording non-public conversations between individuals through the press and broadcasting” and “defamation” over reporting on the allegations that President Recep Tayyip Erdoğan's former lawyer Mustafa Doğan İnal had “negotiated a bribe.”

In the final hearing held on 20 June 2023, the İstanbul 33rd Criminal Court of First Instance acquitted Sezer and Ergün separately of “insult” and “defamation” on the grounds that the legal elements of the crime have not formed. The court sentenced Sezer and Ergün to 1 year and 8 months in prison each for “disclosure” and suspended the sentence. The case was then appealed.

The 17th Criminal Chamber of the İstanbul Regional Court of Appeals upheld the acquittals of Ergün and Sezer and overturned the prison sentences given to the journalists, stating that the news article was within the scope of freedom of expression. Following the decision, the case was sent back to the court of first instance for a retrial.