The court ruled to drop the case on the grounds that the five years of probation under deferment of the sentence has expired

CANSU PİŞKİN, İSTANBUL

The second hearing in the retrial of journalist Mehmet Salih Turan on the charge of “terrorism propaganda” over 11 posts on his Twitter account which were shared between July 2016 and November 2017 was held at the İstanbul 32nd High Criminal Court on 24 April 2024.

Turan’s lawyers were present at the hearing, which P24 monitored. Turan did not attend the hearing.

Repeating their final opinion on the case presented at the first hearing on 12 March 2024, the prosecutor requested Turan to be sentenced for the crime of “repeated terrorism propaganda.”

Turan’s lawyer Nevroz Akalan making defense against the opinion, reminded the court of the Constitutional Court’s violation judgement concerning her client’s enjoyment of deferment of the sentence provisions and freedom of expression, and requested his acquittal.

Akalan said the following: “The Constitutional Court requested the redressing of the violation in its judgment for violation concerning deferment of the sentence provisions. However, the prosecution has presented an opinion arguing for sentencing. My client was sentenced to 1 year and 3 months of imprisonment on 21 March 2019 and the announcement of the sentence was deferred. As of 21 March 2024, the five years of probation under the deferment of the sentence has expired. Should my client be sentenced, this would constitute double sentencing. While the Constitutional Court judgment calls for redress, we are facing a potential double sentencing.

“Elements of the crime of propaganda have not formed in the social media posts subject to the trial. The posts constitute satire and criticism. As my client is a journalist, he enjoys the broadest freedom of expression.”

Emine Özhasar, another lawyer representing Turan said, “The Constitutional Court has ruled for a retrial for redressing the violation. The prosecution’s opinion for sentencing despite this judgment violates the Constitution, the law and the ECtHR jurisprudence. The court should rule to acquit in line with the Constitutional Court judgment.”

The court ruled to drop the case by rescinding the verdict, the announcement of which was deferred, as Turan had not reoffended during the five year probation period under the deferment of the announcement of verdict provisions and had passed the period of probation with good behavior.

Background of the case

Turan was arrested on 12 February 2019 on the charge of “terrorism propaganda.” Turan’s lawyer applied to the Constitutional Court, claiming that his arrest constituted a violation of the rights to fundamental personal freedom and security and freedom of expression and the press. Turan was tried at the İstanbul 32nd High Criminal Court and was sentenced to 1 year and 3 months of imprisonment at the first hearing. The announcement of the sentence was deferred and Turan was released upon the verdict. Turan’s retrial began following the Constitutional Court cancelling the provision for the deferment of the sentence.