Former employees of the newspaper, which was shut down by statutory decree, have been sentenced to imprisonment for the crime of “aiding a terrorist organization without being a member”

CANSU PİŞKİN, İSTANBUL

The 11th hearing in the retrial of former employees of the Özgürlükçü Demokrasi newspaper on charges of “membership in a terrorist organization,” “terrorism propaganda,” “inciting the people to hatred and enmity” and “praising an offense or an offender” was held at the İstanbul 23rd High Criminal Court on 9 May 2024. Özgürlükçü Demokrasi was shut down in 2018 by statutory decree (KHK).

Defendant İshak Yasul and lawyers for the defendants were present at the hearing, which P24 monitored.

The prosecutor who repeated their final opinion on the case presented on 7 April 2022 requested sentencing for editors Hicran Urun, Mehmet Ali Çelebi and Reyhan Hacıoğlu, managing editor İshak Yasul, licensed publisher İhsan Yaşar and head of staff Pınar Tarlak for the crimes of “membership in a terrorist organization,” “terrorism propaganda” and “repeatedly printing and publishing terrorist organization’s publications.” The prosecutor requested the acquittal of Mizgin Fendik, the newspaper’s distribution officer in Yüksekova, Hakkari, on the grounds that he could not be held responsible for the contents of the newspaper.

Delivering his defense statement against the opinion, İshak Yasul rejected the impugned crimes. Yasul requested the lifting of the ban on his travelling abroad, which has been in force for five years, and his acquittal.

“The law is being pushed to its limits”

Delivering his defense statement against the opinion, lawyer for the defendants Sercan Korkmaz said that the case had been problematic starting from the investigation stage. Lawyer Korkmaz added, “My clients are being accused of terrorism activities but not even a single wiretap was conducted in the investigation stage, there is no evidence. The only issue in the case file that may be worth considering from a legal perspective is the accusation of terrorism propaganda. This case is the reflection of a special security approach to the press. The law is being pushed to its limits, and no adequate, convincing and material grounds are being provided.” Korkmaz requested the lifting of the judicial control measures on his clients and demanded their acquittal.

Lawyer Özcan Kılıç said that the indictment and the prosecutor’s opinion had not individualized the crimes and it was left ambiguous which defendants were being charged over which incidents.

Asked for his final statement, Yasul requested his acquittal.

The court ruled to acquit Mizgin Fendik and separated the case file for Pınar Tarlak due to other ongoing court cases against her.

The court sentenced Mehmet Ali Çelebi to 3 years 9 months of imprisonment and Reyhan Hacıoğlu, İhsan Yaşar, İshak Yasul and Hicran Urun each to 3 years 1 month and 15 days of imprisonment for the crime of “aiding a terrorist organization without being its member.”

Judicial control measures on the defendants were lifted.

Background of the case

The original trial of the former employees of the Özgürlükçü Demokrasinewspaper was concluded on 28 June 2019. The court sentenced journalists Hicran Urun, Reyhan Hacıoğlu and İshak Yasul each to 3 years 1 month and 15 days of imprisonment for the crime of “aiding a terrorist organization without being its member.” Yasul was also sentenced to 1 year 6 months and 22 days of imprisonment for the crime of “terrorism propaganda” and Mehmet Ali Çelebi to 3 year and 9 months of imprisonment for the crime of “aiding a terrorist organization without being its member.” The court also sentenced licensed publisher İhsan Yaşar to 10 months of imprisonment for “possession of arms” and commuted the sentence to a fine of TL 500. The court acquitted Pınar Tarlak, Ramazan Sola and Mizgin Fendik of all charges. Defendants’ lawyers then filed an appeal with the appellate court.

The appellate court, which ruled summarily in March 2021, overturned the sentencing for editors Hicran Urun, Mehmet Ali Çelebi and Reyhan Hacıoğlu for “aiding a terrorist organization without being its member” and the sentencing for managing editor İshak Yasul for “terrorism propaganda” and “aiding a terrorist organization without being its member.” The appellate court also overturned the acquittal of newspaper employees Mizgin Fendik and Pınar Tarlak and the administrative fine issued to licensed publisher İhsan Yaşar for “possession of arms without a license” and returned the case file to the İstanbul 23rd High Criminal Court for a retrial.