The court ruled for acquittal at the end of the second hearing of the trial, which was launched on the basis of Koçak’s social media posts

An Istanbul court ruled to acquit journalist Namık Koçak of the charge of “terrorism propaganda” at the end of the second hearing held on on 3 March 2022.

Koçak was charged with “spreading propaganda for a terrorist organization” under Article 7/2 of the Anti-Terrorism Law (TMK) for a series of social media posts he shared between 2015 and 2020.

Koçak and his lawyer, Bilgütay Hakkı Durna, attended the court hearing, which was monitored by P24 and other media freedom organizations. Addressing the court, Koçak rejected the accusation that he was involved in spreading terrorism propaganda and insisted that his social media posts fell within the scope of media freedom and freedom of expression.

Koçak further said that his social media posts that were cited in the indictment consisted of his comments on the failed coup attempt of 15 July 2016 and criticism of the views expressed by the government and its supporters about the coup attempt. “As a journalist and a person with critical political views, it is my constitutional right to express these views. My social media posts included in the indictment should be viewed within the scope of media freedom and freedom of expression,” he said, adding that similar views were publicly shared by many other public figures and even some officials of the ruling Justice and Development Party (AKP).

Koçak’s lawyer Durna also maintained that Koçak’s social media posts constituted the exercise of the right to freedom of expression and demanded his acquittal.

The prosecutor assigned to the case then submitted his final opinion about the proceedings to the court, in which he asked the court to acquit Koçak because the elements of the crime were not present as per the case-law of the Supreme Court of Appeals, “even though some parts of the posts are disturbing and unacceptable.”

The Istanbul 22nd High Criminal Court, which oversaw the trial, ruled at the end of the hearing to acquit Koçak of the charge saying the elements of the impugned crime did not exist.