Expression Interrupted

Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.

Journalist Hayri Demir’s retrial begins

Journalist Hayri Demir’s retrial begins

The first hearing in the retrial of Hayri Demir, following the decision of the appellate court to overturn the verdict, has been held. The court has adjourned the trial until 25 October 2023

TANSU PİŞKİN, ANKARA

The first hearing in the retiral of journalist Hayri Demir on charges of “organization propaganda” following the decision of the 22nd Criminal Chamber of the Ankara Regional Court of Justice to overturn his previous verdict was held at the Ankara 15th High Criminal Court on 5 July 2023.

Demir was attended the hearing, which P24 monitored. Demir’s lawyer submitted an excuse not to attend the hearing due to illness.

The presiding judge read out the 14 March 2023 decision of the appellate court to overturn and asked Demir for his statement on the decision. Demir requested that the decision be observed.

The court ruled to uphold the decision on the grounds that “courts of first instance cannot reject decisions to overturn by the court appeals, although the reasons for overturning in the decision to overturn are not absolute reasons to overturn and are therefore unprocedural and unlawful.”

The investigation file requested

The presiding judge said that because his lawyer was not present, the court could not hear Demir’s defense statement during this hearing.

Announcing his final opinion on the case, the prosecutor requested that Demir’s defense statement be heard at the next hearing and accompanied by his lawyer, a writ to be sent to the Ankara Chief Prosecutor’s Office concerning the decision to overturn to request information in the outcome of the investigation into Demir on suspicion of “membership in a terrorist organization” and the fact that the outcome of the investigation into Demir is being requested due to the decision to overturn be noted on the writ.

The court ruled to have Demir’s defense statement be heard accompanied by court appointed lawyer and for a writ to be sent to the Ankara Chief Prosecutor’s Office to request, if necessary, the order for secrecy on the file to be lifted as it concerns Demir and approved copies of the parts of the case file concerning Demir be sent to the court for the continuation of the trial. The trial was adjourned until 25 October 2023.

Background of the case

Demir, who was investigated by the Ankara Chief Prosecutor’s Office’s Office for the Investigation of Crimes Against the Constitutional Order over claims that photos and images he had acquired for reporting “belong to members of a terrorist organization” was arrested in a police raid on his home in Ankara on 16 March 2017. Demir was kept at the covered sports hall that was being used as a “detention center” by the Ankara Directorate of Security for eight days and was asked about his reporting and images from northern Syria during interrogation.

Following the completion of the police procedure, Demir was transferred over to the Ankara Courthouse on 24 March 2017 and was released with a ban on travelling abroad and on condition of periodically checking in police station.

In the indictment that was prepared two years after his detention, Demir was charged with “membership in a terrorist organization” and “terrorism propaganda.” The indictment listed the images and photos on a memory card that was stolen from Demir’s house by a burglar on 28 February 2016, which then appeared at the Security Directorate. In addition to Demir’s social media posts, his interview with the former HDP Co-Chair Selahattin Demirtaş and Demir sharing a photograph taken during the interview were listed as evidence. The Ankara 15th High Criminal Court accepted the indictment.

At the final hearing of the trial held at the Ankara 15th High Criminal Court on 21 December 2022, Demir was sentenced to 1 year, 21 months and 22 days of imprisonment for “terrorism propaganda” due to a song and a documentary he shared on his social media account. The court had acquitted Demir of “membership in a terrorist organization” due to lack of adequate and credible evidence and had lifted the travel abroad ban judicial control measure.

On 14 March 2023, the 22nd Criminal Chamber of the Ankara Regional Court of Justice overturned the ruling to acquit Demir of the charge of “membership in a terrorist organization” on grounds of legal necessity of merging the 2023 investigation began by the Ankara Chief Prosecutor’s Office into Demir on suspicion of “membership in the armed PKK/KCK/YPG/YDG-H terrorist organization” with the case file subject to review. The appellate court had ruled for Demir’s imprisonment verdict for “terrorism propaganda” to be increased by half with the application of “clauses for successive crime” and returned the case file to the court of first instance for retrial.

Top