Journalist Engin Eren and 28 other defendants sentenced to imprisonment of 3 years 1 month and 15 days each for “aiding a terrorist organization without being its member”

ÖZKAN KÜÇÜK, BATMAN

The 34th hearing in the trial of journalist Engin Eren, former reporter for now-defunct Dicle News Agency (DİHA) on charges of “membership in a terrorist organization,” “violation of Law 2565 on Military Forbidden Zones and Secure Zones” and “violation of Law 2911 on Meetings and Demonstrations” was held at the Batman 2nd High Criminal Court on 30 November 2022.

Eren’s lawyer Resul Temur and some defendants and defendants’ lawyers attended the hearing, which P24 monitored.

Defending against the opinion of the prosecution, defendants’ lawyers said that the opinion violated the principle of individuality of crime and the elements of the impugned crime did not exist. Lawyers added that the seven-year trial process had in itself become a form of punishment.

Eren’s lawyer Resul Temur said that the incident report stated his client was present in the area for reporting. Reminding the court that journalism is defined as a professional vocation that may be practiced in conflict zones according to article 79 of the Geneva Convention, Temur said that his client had travelled to the conflict zone to serve the public’s right to be informed. Temur said that the material elements of the impugned crime did not exist and demanded his client’s acquittal.

“Journalistic activity is being punished”

The court rejected the request by lawyers who excused themselves from attending the hearing due to them having delivered their defense previously.

Announcing the verdict, the court sentenced journalist Eren to 3 years 1 month and 15 days of imprisonment for “aiding a terrorist organization without being its member.”

Eren was acquitted of the charges of “membership in a terrorist organization,” “violation of Law 2565 on Military Forbidden Zones and Secure Zones” and “violation of Law 2911 on Meetings and Demonstrations.”

The court convicted two defendants of “membership in a terrorist organization,” and the other 28 defendants to 3 year 1 month and 15 days of imprisonment each for “aiding a terrorist organization.”

29 people, including Eren were acquitted of “membership in a terrorist organization,” “violation of Law 2565 on Military Forbidden Zones and Secure Zones” and “violation of Law 2911 on Meetings and Demonstrations.”

Lawyer Temur remarked on the verdict for P24: “The ‘human shield’ demonstration has news value from a societal perspective. It is unlawful to punish reporting, despite all law enforcement reports and the case file openly stating that Engin Eren is a journalist. Under the circumstances, it is journalistic activity that is being punished.”

Temur added that they would file an appeal with the Diyarbakır Regional Court of Appeals, as there is still the possibility of recourse to appeal for the case.

Background of the case

On 18 September 2015, 83 people, including pro-Kurdish Peoples’ Democratic Party (HDP) MP Ayşe Acar Başaran, then co-mayors of Batman and representatives of various civil society organizations had put up a tent and started a sit-in demonstration to prevent the clashes between the Turkish Armed Forces and the PKK in the rural Kelhasan area of the Sason district of Batman.

82 people and DİHA Batman reporter Engin Eren, who was reporting on the protest, were detained on grounds of acting as “human shields” and were released two days later.

During the detention process, Eren’s camera, video recorder and memory disks were confiscated. The Batman Chief Prosecutor’s Office prepared an indictment against 76 people, including Eren.

The prosecution had presented the indictment awaited since 2018 to the court on 3 June 2022, at the 30th hearing in the trial, which had begun at the Batman 2nd High Criminal Court in 2015 and which has been ongoing for approximately seven years. The prosecution had requested sentencing for 32 defendants, including Engin Eren, on charges of “membership in a terrorist organisation by means of committing crimes on behalf of an armed organization, “preventing officials from performing their duties,” “violation of Law 2911 on Meetings and Demonstrations” and “violation of Law 2565 on Military Forbidden Zones and Secure Zones.”

The files for 44 defendants, including HDP MP Ayşe Acar Başaran’s, had been separated during previous hearings.

At the hearing held on 16 November 2022, the file of defendant Ahmet Tekin, who had not been detained despite an order, was separated, leaving 31 defendants, including Eren, in the case.