Court rules that the charges brought against ETHA editor Gürbüz are not defined as crime in the law

TAMER KARALAR, İSTANBUL

The second hearing in the trial of Etkin News Agency (ETHA) editor Nadiye Gürbüz on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the İstanbul 25th High Criminal Court on 27 February 2024.

While Gürbüz did not attend the hearing, her lawyer was present. P24 monitored the hearing.

Gürbüz’s lawyer said the following: “The indictment reads as though the prosecutor themselves is in doubt. The indictment shows that my client reports on the news, and reports on information she obtains for ETHA.

“As for the charge of propaganda, the only piece of evidence provided is a photo of Zeki Gürbüz and Özgür Namoğlu smiling, which was posted on my client’s Twitter post. This does not bear the material elements of the crime.”

The court ruled that the charges brought against Gürbüz were not defined as crime in the law and ruled to acquit Gürbüz.

Background of the case

ETHA editor Nadiye Gürbüz had been detained in a raid on her home on 30 April 2023 as part of operations launched against the Socialist Party of the Oppressed (ESP) and Federation of Socialist Youth Associations (SGDF) and was imprisoned pending trial on 3 May 2023. Gürbüz was released on 12 October 2023.

The indictment filed against Gürbüz on charges of “membership in a terrorist organization” and “terrorism propaganda,” cited her news items, social media posts, rulings to shut down ETHA’s website and Gürbüz’s speeches.