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 Perihan Kaya’s retrial begins

Journalist Perihan Kaya’s retrial begins

The court has ruled to identify address of journalist Perihan Kaya charged with “terrorism propaganda” for her statement to be taken through letter rogatory, and adjourned the trial until 17 May 2023

ÖZKAN KÜÇÜK, DİYARBAKIR

The first hearing in the retrial of journalist Perihan Kaya on charges of “terrorism propaganda” was held at the Diyarbakır 10thHigh Criminal Court on 16 December 2022.

Kaya’s lawyer Resul Temur attended the hearing, which P24 monitored. Kaya, who resides abroad, did not attend the hearing.

Speaking after the reading of the decision to overturn the verdict in the previous trial by the 9th Criminal Chamber of the Diyarbakır Regional Court of Justice, lawyer Temur requested the use of the letter rogatory method to obtain the defense statement of his client, who lives in Switzerland.

Granting time to the lawyer Timur to inform the court of his client’s address, the court adjourned the trial until 17 March 2023 so that letter rogatory procedures can begin at the next hearing.

Background of the case

A case had been filed against journalist Perihan Kaya on charges of “terrorism propaganda” and “membership in a terrorist organization,” with the allegation that she was the “press officer of the KCK structure” based on her membership in the now-defunct Free Journalists’ Association (ÖGC), social media posts, phone conversations with colleagues and statements by secret witnesses. Following the trial, the court sentenced Kaya to 1 year and 3 months of imprisonment for “terrorism propaganda” and did not postpone the sentence. The case was then brought before the appellate court.

The 9th Criminal Chamber of the Diyarbakır Regional Court of Justice overturned the sentence on grounds that the sentence was too light, and emphasized that as Kaya had committed the offense of “propaganda” multiple times over social media, the local court should considered the “committing the crime successively” clause in Article 43 of Turkish Penal Code.

The indictment cites eight posts from 2015 on a Facebook account that is allegedly Kaya’s and 24 tweets of unknown date as ground of the charges.

 

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