Freedom of Expression and the Press in Turkey – 179
Indictment seeks aggravated life sentences for Osman Kavala, Can Dündar, Memet Ali Alabora and 13 others for involvement in Gezi Park protests
23.02.2019
Twenty-eight academics who had been standing trial on the charge of “disseminating propaganda for a terrorist group” for signing 2016’s Academics for Peace petition were given jail terms this week.
The 33rd High Criminal Court of Istanbul on 21 February convicted all 27 academics whose files it had merged. Thirteen of the academics were imposed prison terms of 1 year 10 months and 15 days, while the remaining 14 were each sentenced to 2 years and 3 months in prison.
Seçkin Sertdemir Özdemir, F.A.A., Gözde Aytemur Nüfusçu, Y.Y., Elif Akçalı, T.D., Yüksel Taşkın, Meltem Ahıska, Ayşe Nilüfer Durakbaşa, Cihan Yapıştıran, İrfan Keşoğlu, Doğan Çetinkaya and N.M. were handed down 1 year 10 months and 15 days. İlkay Yılmaz, Hülya Kirmanoğlu, Eda Aslı Şeran, İsmet Akça, Ahmet Bekmen, Özgür Müftüoğlu, Nihan Aksakallı, Haydar Durak, Aysuda Kölemen, İlkay Özkuralpli, Esra Kaliber, Zeynep Tül Süalp, Öznur Yaşar Diner and Remzi Orkun Güner were handed down 2 years and 3 months on the grounds that they “did not show remorse.”
Sentences under two years were deferred.
Also on 21 February, the 36th High Criminal Court convicted academic Pınar Yolum Birbil of the “propaganda” charge and gave her a 15-month prison sentence. The sentence was deferred.
Nurcan Baysal acquitted of “inciting the public to animosity” charge
Journalist and author Nurcan Baysal was acquitted of “inciting the public to hatred and animosity.” Baysal was on trial for her social media posts.
The 7th Criminal Court of First Instance of Diyarbakır issued its verdict on 21 February. Baysal announced the verdict on her Twitter account.
The hearing was originally set for 18 April but was rescheduled for 21 February at the request of Baysal’s lawyer.
Journalist Derya Okatan briefly detained over social media posts
Derya Okatan, an Ankara-based reporter for the online news platform Artı Gerçek, was taken into custody on 21 February during a police raid on her home.
Okatan was taken to the anti-terror branch of the police department, which released the journalist after taking her statement. Okatan was detained on account of her social media posts, on the allegation that she “disseminated propaganda for the PKK” and was “a member of the MLKP [Marxist Leninist Communist Party].”
Court accepts Çalık’s motion in Paradise Papers case
Journalist Pelin Ünker on 21 February appeared in an Istanbul court for the third hearing of a lawsuit where she is accused of “libel and insult” on account of two news stories she penned for Cumhuriyet daily in November 2017 about the “Paradise Papers” leaks.
The case, filed upon complaints by Minister Berat Albayrak and his brother, Serhat Albayrak, is overseen by the 2nd Criminal Court of First Instance of Istanbul.
P24 monitored the hearing, where Ünker, her lawyers and the lawyers representing the plaintiffs were in attendance.
Addressing the court for her defense statement, Ünker explained that 126 politicians’ names appeared in the Paradise Papers leaks, adding that only two politicians filed lawsuits against news coverage of the leaks and that both politicians were from Turkey. Noting that her articles did not include any expressions that could amount to insult or libel, Ünker told the court that the stories also included the statements given by the politicians concerning the leaks and that the newspaper also published the rebuttals to the news stories.
Addressing the court following Ünker, her lawyer Tora Pekin said they would not be making a further defense statement. Instead, the lawyer asserted that the case should be dropped based on the statute of limitations in Turkey’s press law.
In its interim ruling at the end of the hearing, the court accepted a motion for participation in the case filed by businessman Ahmet Çalık and adjourned the trial until 28 March, saying it would rule on the defense lawyers’ request for the dismissal of the case in the next hearing.
“Bakur trial” adjourned until April
The trial into journalist Ertuğrul Mavioğlu and filmmaker Çayan Demirel, the co-directors of the documentary Bakur (North), on the charge of “disseminating propaganda for a terrorist group” resumed on 21 February at the 2nd High Criminal Court of Batman.
P24 monitored the third hearing, where both Demirel and Mavioğlu were represented by their lawyers. Demirel’s wife, film producer Ayşe Çetinbaş, was among those monitoring the trial.
Submitting their final opinion of the case during the hearing, the prosecution requested that both Demirel and Mavioğlu be convicted of the “propaganda” charge. The prosecution also requested that the court increase the sentences on the grounds that the offense was carried out through the press.
Granting additional time for the final defense statements, the court adjourned the trial until 3 April 2019.
Mağden and Ketenciler’s trial on “insult” charge adjourned
A trial where author and columnist Perihan Mağden and journalist İnan Ketenciler stand accused of “insulting the president” resumed on 21 February at the 2nd Criminal Court of First Instance of Istanbul.
Mağden is accused because of her remarks in an article in April 2016, in which she likened a contestant in the TV show “Survivor” to President Erdoğan. Ketenciler is standing trial because the article was posted on the news website T24.
P24 monitored the hearing, where both Mağden and Keteciler were represented by their lawyers.
Ketenciler’s lawyer requested a continuance for their final defense statement in response to the prosecutor’s final opinion of the case. Accepting the request, the court adjourned the trial until 21 March.
Özgürlükçü Demokrasi journalists ordered to remain behind bars
The third hearing of the trial on terrorism-related charges into 14 employees of the shuttered daily Özgürlükçü Demokrasi took place on 21 February at the 23rd High Criminal Court of Istanbul.
The pro-Kurdish newspaper’s publisher, İhsan Yaşar, responsible managing editor İshak Yasul, editors Mehmet Ali Çelebi, Reyhan Hacıoğlu and Hicran Ürün, and bookkeeper and secretary Pınar Tarlak were jailed pending trial in April. Tarlak was released at the end of the first hearing of the trial in September. The defendants are accused of “membership in a terrorist organization,” “disseminating propaganda for a terrorist organization” and “publishing terrorist group publications.”
P24 monitored the hearing, where the defendants addressed the court for their defense statements, rejecting the accusations and requesting for their release.
The prosecution then requested that all jailed defendants be remanded in detention on the grounds of “strong criminal suspicion” and that the files of six of the defendants against whom there are arrest warrants be separated.
Announcing its interim ruling at the end of the hearing, the court ordered the continuation of the detention of all jailed defendants in the case and adjourned the trial until 10 April 2019. The court also ruled to await the outcome of the arrest warrants in place for six defendants and decided to hand over the case file to the prosecution for the drafting of their final opinion of the case.
Arrest warrant issued for politician Hatip Dicle in Özgür Gündem trial
A trial in which journalists Hüseyin Aykol, Zana Kaya and İnan Kızılkaya — former co-editors-in-chief and managing editor of the shuttered daily Özgür Gündem — and Kurdish politician Hatip Dicle stand accused for the news stories and articles published in the newspaper resumed on 21 February in Istanbul.
The four defendants are accused of “publicly degrading the government, the judiciary or the police force” and “publicly degrading the Turkish nation, the Turkish Republic and the Parliament.”
None of the defendants were in attendance at the hearing, which was the 11th in the case.
Issuing an interim ruling at the end of the hearing, the 2nd Criminal Court of First Instance ruled to issue an arrest warrant for Dicle and adjourned the trial until 28 March.
Court dismisses “MİT trucks case” against Aydınlık journalists
The trial court overseeing the case in which Aydınlık newspaper’s editor in chief Mustafa İlker Yücel and news editor Orhan Ceyhun Bozkurt were charged with “disclosing confidential information relating to the security of the state” on account of the newspaper’s coverage of the alleged transfer of weapons to Syria on trucks operated by Turkey’s National Intelligence Organization (MİT) has issued its verdict.
The 14th High Criminal Court of Istanbul dismissed the case based on the statute of limitations in Turkey’s press law. However, the court ruled that charges should be pressed against the defendants on the charge of “obtaining classified information relating to the security of the state.”
The court also ruled to keep in place the international travel ban imposed on the defendants throughout the appeal process.
Indictment seeks aggravated life imprisonment for Osman Kavala, 15 others
A newly drafted indictment seeks aggravated life imprisonment for 16 individuals including the jailed businessman Osman Kavala, journalist Can Dündar and stage and screen actor Memet Ali Alabora on account of their involvement in 2013’s Gezi Park protests.
The indictment, filed with the 30th High Criminal Court of Istanbul on 20 February, accuses all 16 names of “attempting to overthrow the Turkish government.”
In addition to Kavala, Dündar and Alabora, Ali Hakan Altınay, Ayşe Mücella Yapıcı, Ayşe Pınar Alabora, Çiğdem Mater Utku, Gökçe Yılmaz, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu, İnanç Ekmekçi, Mine Özerden, Şerafettin Can Atalay, Tayfun Kahraman, Yiğit Aksakoğlu and Yiğit Ali Ekmekçi are also indicted. The 657-page document alleges that the 16 suspects attempted to manipulate and set the protests into motion beginning in 2011; that they “financed” the demonstrations; and were the “top level orchestrators” of the events.
Yiğit Aksakoğlu and Osman Kavala are currently in pre-trial detention as part of the investigation.
The indictment says arrest warrants have been issued for Dündar, Memet Ali Alabora, Ayşe Pınar Alabora, Gökçe Yılmaz, Handan Meltem Arıkan and Hanzade Hikmet Germiyanoğlu.
Trial into Ali Sönmez Kayar adjourned until May
The third hearing of a trial where Etkin news agency (ETHA) reporter Ali Sönmez Kayar and nine other defendants are accused of “membership in a terrorist group” resumed on 19 February at the 32nd High Criminal Court of Istanbul.
Issuing an interim ruling at the end of the hearing, the court ordered to keep the international travel ban on the defendants who are not in pre-trial detention in place and adjourned the trial until 28 May.
Trial into journalist Murat Güreş adjourned
The trial in which Gaziantep-based journalists Murat Güreş, Furkan Gökşen and Metin Aybey stand accused of “violating the confidentiality of an investigation” resumed on 19 February.
The Gaziantep 9th Criminal Court of First Instance adjourned the trial until 20 June.
“Paradise Papers” case against Evrensel journalist Çağrı Sarı adjourned
The fifth hearing in a case where journalist Çağrı Sarı, the former responsible managing editor of the daily Evrensel, is accused of “libel and insult” for the newspaper’s coverage of “Paradise Papers” leaks, was held on 19 February in Istanbul.
The case was filed upon a complaint by Minister Berat Albayrak and his brother, Serhat Albayrak.
Sarı and her lawyer Devrim Avcı Özkurt were in attendance during the hearing at the Bakırköy 2nd Criminal Court of First Instance as well as the Albayraks’ lawyer Ferah Yıldız.
Addressing the court for Sarı’s defense statement, lawyer Devrim Avcı said the news articles were an exercising of the right to freedom of the press and freedom of expression. She requested for Sarı’s acquittal.
The plaintiffs’ lawyer claimed that the news stories were aimed at manipulating public opinion and a smear campaign against Serhat Albayrak.
Issuing an interim ruling at the end of the hearing, the court adjourned the trial until 19 March for a review of the written defense statement submitted to the court on behalf of Sarı.
Evrensel’s former managing editor acquitted in first hearing
Also on 19 February, another former responsible managing editor for Evrensel, İsmail Cem Şimşek, appeared in the same court for the first hearing of his trial on the charge of “libel” for two news stories and one opinion piece published in August 2018 in the newspaper in relation with rights violations in the Tarsus Prison.
Issuing its verdict following Şimşek and his lawyer’s defense statements, the Bakırköy 2nd Criminal Court of First Instance ruled for Şimşek’s acquittal.
Berna Laçin acquitted of “insulting religious beliefs” charge
A court case where actress Berna Laçin was accused of “publicly insulting religious beliefs held by a part of the society” in a Twitter post resumed on 19 February in an Istanbul court.
The Istanbul Anadolu 59th Criminal Court of First Instance acquitted the actress of the charge.
Appellate court upholds convictions in Cumhuriyet trial
An appellate court on 18 February upheld the trial court’s verdict in the “Cumhuriyet trial,” paving the way for eight of the defendants in the case to return to prison to serve the remainder of the sentences they were given.
The 3rd Criminal Chamber of the Istanbul Regional Court of Justice said in its ruling that it rejected the appeals against the Istanbul 27th High Criminal Court’s verdict since it had not found “any substantial or procedural violations” in the verdict nor any “shortcomings in the evidence or proceedings.”
The eight defendants are former Cumhuriyet columnists Kadri Gürsel and Hakan Kara, lawyer Bülent Utku, former Cumhuriyet ombudsman Güray Öz, cartoonist Musa Kart, former Cumhuriyet Foundation Executive Board members Mustafa Kemal Güngör and Önder Çelik and the newspaper’s accounting department employee Emre İper, who were given prison terms between 2.5 and 4.5 years on the charge of “aiding a terrorist organization without being its member.”
A detailed report about the appellate court’s ruling can be accessed here.
Journalist Özgür Paksoy given jail term over social media posts
Journalist Özgür Paksoy was given a prison sentence of 3 years, 1 month and 15 days in a trial where he was accused of “propaganda” for his social media posts.
The hearing took place on 15 February at the Şırnak 2nd High Criminal Court. Paksoy addressed the court via the courtroom video-conferencing system SEGBİS for his defense statement during the hearing, where he rejected the accusation and requested for his acquittal.
Submitting their final opinion of the case, the prosecution then requested that Paksoy be convicted of the “propaganda” charge.
Paksoy’s lawyer requested for additional time for the final defense statement in response to the prosecution’s final opinion, however the court refused to grant continuance and went on to issue its verdict, sentencing Paksoy to 3 years, 1 month and 15 days in prison. The court did not defer the sentence.
List of journalists and media workers in prison
As of 22 February 2019, at least 155 journalists and media workers are in prison in Turkey, either in pre-trial detention or serving a sentence.
For a detailed list, click here.
1 Abdulkadir Turay, DİHA reporter
2 Abdullah Dirican, Zaman local news editor
3 Abdullah Kaya, DİHA
4 Abdullah Kılıç, Habertürk
5 Abdullah Özyurt, Zaman reporter
6 Abdulvahap İş, freelance journalist
7 Ahmet Altan
8 Ahmet Feyzullah Özyurt
9 Ahmet Memiş, Haberdar news website
10 Ahmet Metin Sekizkardeş, Zaman
11 Ahmet Yavaş, TRT (Erzurum)
12 Ali Ahmet Böken, TRT News coordinator
13 Ali Akkuş, Zaman
14 Ali Aşikar, Azadiya Welat
15 Ali Babür Boysal, Zaman page designer
16 Ali Ünal, Zaman columnist
17 Ali Yüce, TRT Radio broadcasts chief
18 Arafat Dayan, Demokratik Ulus
19 Aslı Ceren Aslan, Özgür Gelecek
20 Ayşe Düzkan
21 Ayşe Nazlı Ilıcak
22 Ayşenur Parıldak, Zaman, Haberdar
23 Aytekin Gezici, journalist/writer
24 Aziz İstegün, Diyarbakır Zaman representative
25 Bayram Kaya, Zaman reporter
26 Beytullah Özdemir, Zaman Düzce bureau chief
27 Burçin Dokgöz, former Zaman and Çorum reporter
28 Cemal Azmi Kalyoncu, Journalists and Writers’ Foundation
29 Ceren Taşkın, Hatay Ses
30 Cuma Ulus, Millet newspaper’s publications coordinator
31 Cumali Çaygeç, TRT Şeş news director
32 Cüneyt Seza Özkan, Samanyolu TV
33 Çetin Kurşun, Azadiya Welat
34 Doğan Baran, Odak magazine owner, managing editor
35 Emin Demir, freelancer
36 Emre Soncan, Zaman defense reporter
37 Ercan Gün, Fox TV
38 Erdal Süsem, Eylül magazine editor
39 Erdal Şen, former Meydan managing editor
40 Erdoğan Zamur, Gün Matbaacılık employee
41 Eren Erdem, Karşı newspaper former editor-in-chief
42 Erol Yüksel, TRT News Department vice president
43 Erol Zavar, Odak magazine owner and newsroom director
44 Fahri Öztoprak, Cihan/Zaman Samsun correspondent
45 Faruk Akkan, Cihan news agency
46 Ferhat Çiftçi, Azadiya Welat Gaziantep bureau chief
47 Ferhat Parlak, Silvan Mücadele newspaper owner
48 Fevzi Yazıcı, Zaman chief designer
49 Gökçe Fırat Çulhaoğlu, Türksolu columnist
50 Gurbet Çakar, Hevi women’s magazine
51 Gültekin Avcı
52 Habip Güler, Zaman reporter
53 Hakan Aksel, TRT producer-director
54 Hakan Ergün, Azadiya Welat and Özgür Gündem distributor
55 Hakan Taşdelen
56 Halil İbrahim Mert, TRT (Erzurum)
57 Hamit Dilbahar, Azadiya Welat columnist
58 Hamza Günerigök, TRT
59 Hanım Büşra Erdal, Zaman reporter and columnist
60 Harun Çümen, Zaman former managing editor
61 Hasan Bozkurt, Bugün reporter
62 Hasan Duman, Özgürlükçü Demokrasi distributor
63 Hasan Hüseyin Örs, former TRT production-broadcast operator
64 Hasan Taşar, former TRT Ankara reporter
65 Hatice Duman, Atılım newspaper owner and managing editor
66 Haydar Ergül, Demokratik Modernite editor
67 Hicran Ürün, Özgürlükçü Demokrasi editor
68 Hidayet Karaca, Samanyolu Media Group president
69 Hüseyin Aydın, Cihan reporter
70 İbrahim Halil Öztürkeri, former TRT production-broadcast operator
71 İdris Okur, Cihan New Agency Çorum reporter
72 İdris Sayılgan, DİHA
73 İdris Yılmaz
74 İhsan Sinmiş, Gün Matbaacılık employee
75 İhsan Yaşar, Özgürlükçü Demokrasi owner
76 İrfan Karaca, Gün Matbaacılık employee
77 İshak Yasul, Özgürlükçü Demokrasi responsible managing editor
78 İsmail Çoban, former Azadiya Welat managing editor
79 İsmail Ersan, Anatolia news agency
80 İsmail Evren, Nokta magazine news director
81 Kamuran Sunbat, former DİHA Çukurova reporter
82 Kasım Zengin, owner of Gün Matbaacılık
83 Kazım Canlan, Cihan news agency Ankara news director
84 Kemal Sancılı, Özgür Gündem copyrights holder
85 Kenan Karavil, Radyo Dünya editor-in-chief
86 Kibriye Evren, JinNews reporter
87 Mahmut Abay, Gün Matbaacılık employee
88 Mehmet Ali Ay
89 Mehmet Ali Çelebi, Özgürlükçü Demokrasi editor
90 Mehmet Baransu, Taraf columnist/reporter
91 Mehmet Güleş, DİHA
92 Mehmet Gündem
93 Mehmet Kuru, Zaman Eskişehir reporter
94 Mehmet Sıddık damar, DİHA
95 Meltem Oktay, DİHA reporter
96 Metin Arslan, Bugün reporter
97 Mikail Barut, Özgür Halk former editor
98 Miktat Algül, Mezitli FM broadcast coordinator
99 Muhammed Sait Kuloğlu, owner of Subuhaber.com
100 Muhsin Pilgir, Zaman and Cihan news agency
101 Murat Çapan, Nokta
102 Murat Dağdeviren, Demokrat Gebze owner
103 Mustafa Erkan Acar, Bugün news editor
104 Mustafa Gök, Ankara bureau chief for Ekmek ve Adalet magazine
105 Mustafa Gökkılıç, reporter, Radikal and Habertürk TV
106 Mustafa Göktaş, Özgür Gündem Şanlıurfa reporter
107 Mustafa Ünal, Zaman
108 Mutlu Çölgeçen, Millet, newsroom coordinator
109 Mutlu Özay, Cihan reporter
110 Mümtazer Türköne, Zaman columnist
111 Nadir Yücel, Çorum Yıldız local newspaper editor-in-chief
112 Nedim Türfent, DİHA
113 Nizamettin İzgi, Batman newspaper owner
114 Nuh Gönültaş, Bugün columnist
115 Nuri Durna, TRT
116 Nuri Yeşil, Azadiya Welat Dersim bureau chief
117 Nurullah Kaya, Gaziantep Zaman representative
118 Oğuz Usluer, Habertürk former broadcasts coordinator
119 Osman Yakut, Zaman Antalya
120 Ömer Oruç, Cihan newspaper
121 Özcan Keser, TRT reporter
122 Özden Kınık, TRT
123 Pınar Gayıp, ETHA reporter
124 Reyhan Hacıoğlu, Özgürlükçü Demokrasi editor
125 Rojhat Doğru, reporter for Gale Kurdistan TV
126 Sadık Demir, Radyo Karacadağ
127 Sait Gürkan Tuzlu, Cihan reporter
128 Salih Turan
129 Sami Tunca, Mücadele Birliği magazine managing editor
130 Semiha Mete, Özgürlükçü Demokrasi reporter/distributor
131 Semiha Şahin, ETHA editor
132 Serhat Şeftali, Zaman regional bureau chief for the Med region
133 Serkan Aydemir, Bitlis Aktüel reporter
134 Serkan Canbaz, TRT Ankara reporter, news editor
135 Sertan Önal, Halkın Günlüğü reporter
136 Seyid Kılıç, TRT News
137 Seyithan Akyüz, Azadiya Welat Adana bureau chief
138 Sezai Yavaş, TRT Diyarbakır deputy regional director
139 Şahabettin Demir, DİHA reporter
140 Şeref Yılmaz, Irmak TV
141 Turgut Usul, TRT reporter
142 Ufuk Şanlı, former Vatan columnist
143 Uğur Akgül
144 Uğur Yılmaz, former Bitlis Municipality press desk employee
145 Ünal Tanık, Rota Haber editor-in-chief
146 Vahit Yazgan, İzmir Zaman bureau chief
147 Veli Büyükşahin, TV10 executive
148 Veli Haydar Güleç, TV10 executive
149 Yakup Çetin, Zaman reporter
150 Yakup Şimşek, Zaman, marketing director
151 Yalçın Güler, TRT (Erzurum)
152 Yetkin Yıldız, Aktif Haber website editor
153 Yılmaz Kahraman, Özgür Halk editor
154 Zehra Doğan, Jinha
155 Ziya Ataman, DİHA reporter