Şardan, who was tried on the grounds of an article he wrote regarding allegations of “corruption in the judiciary,” has been sentenced to 5 months in prison

CANSU PİŞKİN, ISTANBUL

The fifth hearing in the trial of journalist Tolga Şardan on charges of “spreading false information,” and “denigrating the state’s judicial organs” was held at the Istanbul 2nd Criminal Court of First Instance on 30 April 2026. 

Şardan and his lawyers were present at the hearing, which was monitored by P24. 

The prosecutor had previously requested in their final opinion that Şardan be punished for the impugned crimes. In his defense against the charges, Şardan stated, “What has happened in the judicial system since I wrote the news article is clear. My article pertains to the report submitted by the National Intelligence Organization to the president. I reject the charges against me. I demand my acquittal.” 

Gökhan Tekşen, one of Şardan’s lawyers, said, “This is our fifth hearing, and you are the third judge in this case.” Following a complaint letter from İsmail Uçar, the former Chief Prosecutor of the Anatolia Courthouse, an investigation had been conducted by the High Council of Judges and Prosecutors (HSK) regarding Judge Sidar Demiroğlu, who was also named in the news report. Noting that the investigation had been completed, Tekşen reiterated his request that a copy of the relevant file be sent to the court via a formal letter addressed to the 7th Criminal Chamber of the Court of Cassation, where Demiroğlu’s trial is to be held. The presiding judge rejected the request on the grounds that it would not contribute to the trial.

Özlem Tekşen, one of Şardan’s lawyers, stated in her substantive defense: “The Ankara Regional 22nd Criminal Chamber had issued a landmark decision regarding Article 217/A’s systematic use to exert pressure on journalists, emphasizing that four strict conditions must be met. Public peace and security have not been disrupted. The burden of proof is also a heavy burden for the journalist. My client trusted his source. Accepting the statements of public authorities as true would render the journalist unable to practice his profession. The commission of this offense also requires specific intent. This does not apply to my client. The elements of the offense under Article 301 have not been established. My client had no intent to disparage judicial authorities. In a period when trust in the judiciary is steadily declining, my client wrote with the aim of renewing that trust,” he said, requesting an acquittal. After Tekşen’s defense, when asked for his final statement, Şardan requested an acquittal.

The court acquitted Şardan of the charge of “spreading false information” but sentenced him to 5 months in prison for “denigrating the state’s judicial organs.” The sentence was deferred.

Background of the case

Journalist Şardan was detained and subsequently imprisoned pending trial on 1 November 2023 over his article titled “What is in the ‘judiciary report’ submitted by the National Intelligence Organisation (MİT) to the Presidency?”, published on the T24 news website on 31 October 2023.

Şardan was released on 6 November 2023 following an objection filed by his lawyer.

In the indictment dated 15 February 2024, prosecutors argued that Şardan’s article contained statements presented as definite judgments regarding the existence of a report allegedly prepared by MİT, while MİT had stated that no such report existed. The indictment claimed that “the allegation in the column article that irregular and unlawful practices were taking place within courthouses would negatively affect the public’s trust in state institutions; that this information concerns public order and is misleading in nature; and that the statements contained in the article are capable of disturbing public peace,” concluding that the legal elements of the offense of “publicly spreading false information” had been established in the case.

At the first hearing held on 9 July 2024, the prosecutor presenting their final opinion on the case had also requested that Şardan be punished for “publicly spreading false information” and “denigrating the judicial organs of the state.