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.

TV10’s Kemal Demir sentenced to 3 years and 9 months in prison

TV10’s Kemal Demir sentenced to 3 years and 9 months in prison

Kemal Demir, a former cameraman for the now-defunct channel TV10, was sentenced for “aiding a terrorist organization without being its member” while his co-defendant, Kemal Karagöz, was acquitted of all charges

 

CANSU PİŞKİN, ISTANBUL

 

The final hearing of the trial against former TV10 employees Kemal Demir and Kemal Karagöz on the charge of “membership in a terrorist organization” under Article 314/2 of the Turkish Penal Code (TCK) was held at the Istanbul 28th High Criminal Court on 16 December 2021.

 

P24 monitored the hearing. Demir and Karagöz, who were exempt from personally appearing in court, did not attend. They were represented by their lawyers.

 

The prosecutor, who submitted their final opinion to the court before teh previous hearing, demanded Karagöz’s acquittal for lack of sufficient and conclusive evidence while asking the court to sentence Demir for “aiding a terrorist organization without being its member” under Article 220/7 of the Turkish Penal Code (TCK). In their final opinion, the prosecutor argued that Demir, “while not being a member of the PKK/KCK-PYD/YPG armed terrorist organization, personally assisted in the procurement of studio equipment for a TV channel to be established on behalf of the organization.”

 

Addressing the court in response to the allegations in the prosecutor’s final opinion, Demir’s lawyer Seyit Demir said: “The indictment is based on ‘intelligence’ obtained from confessions by a witness. But the witness did not testify about my client, he was not even questioned about Kemal Demir. My client was a cameraman for TV10. He was not involved in the exchange of money. The witness heard by your court has also clearly stated that Demir was not involved in the negotiation, nor did he have authority or interest. Furthermore, no criminal evidence was found in his house during the search. Persons clearly mentioned in the file were free while my client remained imprisoned for 1 year as part of this case.”

 

Karagöz’s lawyer Barış Demir addressed the court next. Stating that they agree with the prosecutor’s final opinion regarding Karagöz, Demir requested his client’s acquittal.

 

Issuing its judgment at the end of the hearing, the court sentenced Demir to 3 years and 9 months in prison on the charge of “aiding a terrorist organization” (as per TCK 314/2, pursuant to Articles 314/3 and 220/7). The court also ruled for the continuation of the travel ban imposed on Demir. Karagöz was acquitted of all charges against him.

 

TV10 was among 23 TV stations closed through statutory decrees by the government in the aftermath of the failed coup in 2016.

 

Demir and Karagöz were taken into custody in December 2017. At the end of the detention period, Demir was jailed pending trial while Karagöz was released under judicial control measures.

 

The first hearing of their trial took place on 3 July 2018. The Istanbul 28th High Criminal Court ruled at the end of the hearing to send the case file to a criminal court in Mersin on the grounds that it had no jurisdiction over the case. However, the Mersin court also ruled that it had no jurisdiction and the case file ended up at the Supreme Court of Appeals, which ruled that the Istanbul court was authorized. The 28th High Criminal Court of Istanbul, which examined the case file following the Supreme Court of Appeals’ judgment, ruled on 8 February 2019 for Demir’s release pending trial.

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