Journalist Barış Pehlivan has been released following the dismissal of the case that led to him being sent back to prison due to “breach of probation terms”

The case of journalist Barış Pehlivan charged with “insulting a public official” upon the complaint filed by Supreme Court of Appeals judge Ömer Faruk Aydıner was dismissed on 16 November 2023. Pehlivan’s lawyers submitted their petition for probation the same day to the Maltepe Open Penal facility to be conveyed to the Anadolu Judge’s Office for the execution of the verdict. Examining the petition, the İstanbul Anadolu 4th Judge’s Office for the Execution of Sentences ruled to issue probation for Pehlivan on 17 November 2023.

The third hearing in the trial of Pehlivan on the charge of “insulting a public official” over the complaint filed by Supreme Court of Appeals judge Ömer Faruk Aydıner concerning the article titled “Mide bulandıran öykü” (“A nauseating story”) by Pehlivan that was published in the Cumhuriyet newspaper in November 2022 was held at the İstanbul 2nd Criminal Court of First Instance on 16 November 2023.

Pehlivan and lawyers for the parties attended the hearing, which was moved to the courtroom of the İstanbul 27th High Criminal Court, due to the İstanbul 2nd Criminal Court of First Instance courtroom being too small.

Prosecutor changes their opinion

Plaintiff Ömer Faruk Aydıner had submitted a petition to the İstanbul 2nd Criminal Court of First Instance on 14 November 2023 to withdraw his complaint about Pehlivan, who has been held in the Maltepe Open Prison for three months.

Upon Ömer Faruk Aydıner withdrawing his complaint, the prosecutor changed their final opinion on the case they had presented at the hearing held on 9 November 2023 and requested that the case be dismissed as the complaint had been withdrawn.

Speaking against the final opinion of the prosecutor, Pehlivan said, “I am a journalist and a colleague of those who are killed with bombs being placed in their books, by beatings and while whose hearts are aflutter like a pigeon. I practice journalism so that my child and your children can live in a fair world. Journalism is not a crime.”

Pehlivan’s lawyer Hüseyin Ersöz said, “It is an indisputable fact that the reporting carried out by my client based on facts and without introducing any commentary falls under the freedom of the press. He should be acquitted, as he simply practiced the duty of journalism.” Ersöz said that if the quality of the crime had changed, the case should be dismissed as required by provisions on procedure.

The court ruled that as the impugned crime impugned was based on a complaint and the complainant had withdrawn their complaint on 14 November 2023, the case would be dismissed.

Background of the case

Pehlivan had been sentenced to 3 years and 9 months of imprisonment in March 2020 for his reporting on the funeral of a member of the National Intelligence Agency. After six months in prison, Pehlivan had been released on probation on 9 September 2020 on the condition of no other cases being filed against him.

A new case was filed against Pehlivan on 30 March 2023 over another news item. Pehlivan’s probation was then lifted, and a decision was issued for his imprisonment. On 17 May 2023, Pehlivan was called to the prison and after spending a few hours at the open prison, he was released due to coronavirus precautions.

Pehlivan, who has since faced other charges over his writing, was imprisoned again on 15 August 2023 upon no response to his applications for probation.