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.

Trial of journalist Tolga Şardan adjourned until April

Trial of journalist Tolga Şardan adjourned until April

T24 columnist Tolga Şardan is on trial on charges of “publicly disseminating misleading information” and “denigrating the state’s judicial organs” over an article on alleged corruption in the judiciary

ELİF AKGÜL, ISTANBUL

 

The fourth hearing in the trial of journalist Tolga Şardan, who is charged with “publicly disseminating misleading information” (Article 217/A of the Turkish Criminal Code – TCK) and “publicly denigrating the state’s judicial organs” (Article 301 of the TCK) over an article on alleged corruption within the judiciary, was held on 20 November 2025 at the Istanbul 2nd Criminal Court of First Instance.

 

At the hearing, monitored by P24, Şardan’s lawyers Özlem Günel Tekşen and Gökhan Tekşen were present. Şardan did not attend the hearing.

 

Şardan’s lawyer Özlem Günel Tekşen submitted to the court a precedent ruling by the 22nd Criminal Chamber of the Ankara Regional Court of Justice. Tekşen said the ruling emphasised that imposing on journalists the obligation to determine whether information is “true or false” would constitute a serious blow to journalism, and that accepting only statements made by public authorities as material truth would be unlawful.

 

Arguing that “judicial authorities relying solely on statements made by public authorities would violate freedom of expression,” Tekşen also recalled that the Constitutional Court had found the Presidency’s Disinformation Combat Centre unconstitutional. Tekşen requested her client’s acquittal, stating: “Our client seeks to ensure that the public can trust the judiciary without fear; he had no intention of undermining that trust.”

 

Demiroğlu to stand trial following complaint by Uçar

 

In his defence, lawyer Gökhan Tekşen recalled that his client is also accused of “publicly denigrating the judicial organs of the state.” He stated that the investigation before the Council of Judges and Prosecutors (HSK) into Judge Sidar Demiroğlu — who was also mentioned in the news article following a complaint letter by former Anadolu Courthouse Chief Public Prosecutor İsmail Uçar — had been completed. Tekşen requested that the court send a writ to the 7th Criminal Chamber of the Court of Cassation (Yargıtay), where Demiroğlu will stand trial, asking for a copy of the relevant file to be submitted to the court.

 

Announcing its interim ruling, the court accepted Tekşen’s request and ruled that a writ be sent to the 7th Criminal Chamber of the Court of Cassation. The trial was adjourned until 30 April 2026.

 

About 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 offence of “publicly disseminating misleading information” had been established in the case.

 

At the first hearing of the trial on 9 July 2024, the prosecutor presenting the opinion on the merits had also requested that Şardan be punished for “publicly disseminating misleading information” and “denigrating the judicial organs of the state.”

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