Court rules to acquit Eren as per violations judgment of Constitutional Court regarding deferment of the sentence 

CANSU PİŞKİN, İSTANBUL

The fourth hearing in the retrial of journalist Faruk Eren on the charge of “not duly publishing a revocation and response” was held at the İstanbul 2nd Criminal Court of First Instance on 22 November 2024.

Lawyers for the parties were present at the hearing, which P24 monitored.

The prosecutor repeated their final opinion on the case presented at the hearing on 29 March 2024 and requested sentencing for Eren.

Plaintiff Halit Sabaz’s lawyer Taha Şeker said they agreed with the opinion and requested sentencing for Eren.

Meanwhile, Eren’s lawyer Abbas Yalçın requested the acquittal of his client as per the Constitutional Court judgment that found a violation in the application of the deferment of the sentence practice.

The court ruled to rescind the previous verdict and abolish all its consequences as per the Constitutional Court ruling of 29 March 2023 and acquitted Eren on the grounds that the elements of the impugned crime did not form.

Background of the case

Plaintiff Halit Sabaz requested a retraction to be published concerning the news item titled “Halef-selef başkanlar eski ortak çıktı, Yeni başkanın şirketi belediyeden ihale aldı, Siyaset ticarete ortak olmuş” (Successive mayors revealed to be old partners; New mayor’s firm wins tender from the municipality; Business has become a partner in politics) which was published in the 30 April 2018 issue of the Cumhuriyet newspaper. The Kayseri 2nd Criminal Judgeship of Peace accepted the request on 25 May 2018. Although the retraction was published in the 8 June 2018 issue of Cumhuriyet, a case was filed against then managing editor Eren over the retraction not being published duly. While Eren was sentenced at the outcome of the trial, the court ruled to defer the sentence. With the Constitutional Court’s violations ruling regarding the deferment of the sentence, the case was returned to the court of first instance for a retrial