Index relies entirely on the support of donors and readers to do its work.
Help us keep amplifying censored voices today.
UPDATE: Index on Censorship is delighted to learn of the news that Ahmet Altan and Nazlı Ilıcak have been released from prison and that Mehmet Altan has been acquitted and released.
We nonetheless remain concerned that Altan and Ilıcak were convicted and are on probation, and that their co-defendants — Fevzi Yazıcı, Yakup Şimşek and Şükrü Tuğrul Özşengül — remain in detention after having been convicted of “membership of a terrorist organisation”.
Ahead of the second hearing in the retrial of Turkish novelist Ahmet Altan, Nazlı Ilıcak and four other journalists and media workers, Article 19 and 16 free speech and human rights organisations call for all detained defendants to be released and for the charges to be dropped. We believe that the charges against Altan and the other defendants are politically motivated and the case should never have gone to trial. We believe that the new charges are also bogus, as no credible evidence has been presented linking the defendants to terrorism.
Altan and Ilıcak have been in pre-trial detention for over three years on bogus charges. They were initially charged with sedition and are now being re-tried on terrorism charges following a decision by the Supreme Court of Appeals. The final prosecutor’s opinion has been published ahead of the hearing on Monday 4 November, revealing that the prosecutor will ask for the judge to sentence significantly above the minimum required sentence for these offences. If the judge rules in line with the Prosecutor’s opinion, this will mean that the defendants will remain in detention during the appeals process which could take many more months. The on-going violation of their rights is a damning indictment of the state of Turkey’s judicial system, which has been placed under immense political pressure since the failed coup of July 2016.
We have serious concerns regarding the panel of judges overseeing this retrial. It will be presided over by the same judge who oversaw the first trial, which involved several violations of the right to a fair trial and according to the Bar Human Rights Committee, “gave the appearance of a show trial”. The same panel of judges also previously refused to implement the Constitutional Court and European Court of Human Rights rulings that Mehmet Altan’s rights had been violated by his pre-trial detention, sparking off a constitutional crisis.
With the Constitutional Court failing to find a violation in the case of Ahmet Altan and Nazlı Ilıcak in May 2019, we look to the European Court of Human Rights (the Court) for justice. In 2018, the Court found several violations of Mehmet Altan’s rights. The Court also said that it would keep the effectiveness of remedies before the Constitutional Court under review. Altan and Ilıcak have now spent over three years in pre-trial detention. If the judge rules on Monday in line with the Prosecutor’s final opinion, they will be condemned to an even longer period of unjustified detention. By January 2020, their applications before the Strasbourg Court will have been pending for three years. A judgment from the European Court of Human Rights on their cases is now crucial.
Signatories
Article 19
Articolo 21
Danish Pen
English Pen
European Centre for Press and Media Freedom (ECPMF)
Freedom House
German Pen
Global Editors Network (GEN)
IFEX
Index on Censorship
Norwegian Pen
P24 – Platform for Independent Journalism
Pen America
Pen Canada
Pen International
South East Europe Media Organisation (SEEMO)
Swedish Pen
About the case
The retrial in the case of writers and media workers Ahmet Altan, Mehmet Altan, Nazlı Ilıcak, Yakup Şimşek, Fevzi Yazıcı and Şükrü Tuğrul Özşengül began on 8 October 2019, after the Supreme Court of Appeals overturned their convictions of “attempting to overthrow the constitutional order through violence and force” under Article 309 of the Turkish Penal Code, for which they had been given aggravated life sentences. The Supreme Court of Appeals found that there had been no evidence of their use of “violence and force” and that Mehmet Altan should be acquitted entirely due to lack of sufficient evidence. The charges for the other five defendants were reduced: Ahmet Altan and Nazlı Ilıcak face new charges of “aiding a terrorist organisation” while Yakup Şimşek, Fevzi Yazıcı, Şükrü Tuğrul Özşengül face charges of “membership in a terrorist organisation”. Their re-trial, on new charges, began in October 2019 and the second hearing, at which the judge may rule on the case is on November 4, 2019.
More detailed information on these cases and the retrial can be found here
ARTICLE 19 submitted an expert opinion to the court in June 2018: https://www.article19.org/resources/turkey-article-19-submits-expert-opinion-in-the-case-of-brothers-ahmet-and-mehmet-altan/
Freedom of expression in Turkey
Under President Erdogan’s rule, freedom of expression has severely declined in Turkey. Over the last four years, at least 3,673 judges and prosecutors have been dismissed and the judiciary effectively purged of anyone who is perceived as opposing the government through the exercise of freedom of expression. Around 170 media outlets have been closed down over claims they spread “terrorist propaganda”. Only 21 of these have been able to reopen, some of them however being subject to major changes in their management boards. Turkey has become the world’s biggest jailor of journalists with at least 121 journalists and media workers currently in prison and hundreds more on trial.
For more information on freedom of expression in Turkey, please see our joint NGO submission for Turkey’s Universal Periodic Review at the United Nations
https://www.article19.org/wp-content/uploads/2019/07/Turkey-UPR-submission_July2019.pdf
CONTACT
For further information Pam Cowburn, [email protected], 07749 785 932.
[vc_row][vc_column][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”9 Incidents” use_theme_fonts=”yes”][vc_column_text]
27 September 2019 – Evrensel Daily has been sued for compensation by Serhat Albayrak, the head of one of Turkey’s largest media groups and the brother of Treasury and Finance Minister Berat Albayrak, who is also President Recep Tayyip Erdoğan’s son-in-law.
Serhat Albayrak is seeking 200,000 Turkish lira (nearly £27,000) in non-pecuniary damages over an article published in the newspaper on 7 April 2019. The article, “AKP’ye kim oy kaybettirdi?” (“Who is responsible for the slide in AKP’s vote?”), is alleged to have been written by Ceren Sözeri, a respected academic and media ethics lecturer.
The trial is due to begin on 4 March 2020 at the Istanbul Commercial Court of First Instance.
Link(s):
https://www.evrensel.net/haber/387636/serhat-albayrak-evrensele-200-bin-tllik-tazminat-davasi-acti
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
17 September 2019 – Two former producers for the closed down TV station Samanyolu were arrested in Ankara, Anadolu Agency reported. An arrest warrant has been issued for a third former producer.
The warrants for their arrest were issued as part of an ongoing criminal investigation launched by the Ankara Chief Public Prosecutor’s Office against former employees of Samanyolu TV’s Ankara bureau on alleged links to “FETÖ/PDY” (Fethullahist Terrorist Organization/Parallel State Structure).
Link(s):
https://www.aa.com.tr/tr/turkiye/samanyolu-tvnin-eski-calisanlarina-feto-operasyonu/1586937
https://www.cnnturk.com/turkiye/samanyolu-tvnin-eski-calisanlarina-feto-operasyonu
https://www.medyaradar.com/samanyolu-tvnin-eski-calisanlarina-operasyon-haberi-2014162
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
17 September 2019 – Gençağa Karafazlı, the local chairperson of Turkey’s Contemporary Journalists Association’s (ÇGD) branch in the Black Sea city of Rize, Evrensel reported.
Karafazlı was in a café in Rize when he was shot in the leg. The assailant dropped his gun and fled the scene in a taxi. Karafazlı subsequently was hospitalized.
Link(s):
https://www.evrensel.net/haber/387044/gazeteci-gencaga-karafazli-silahli-saldiriya-ugradi
http://gazetekarinca.com/2019/09/rizede-gazeteci-gencaga-karafazliya-silahli-saldiri/
https://www.haberturk.com/rize-haberleri/71914813-rizede-gazeteciye-silahli-saldiri
Categories: Physical Assault / Injury
Source of violation: Unknown
17 September 2019 – Hüseyin Özkaya, a former reporter for the closed-down newspaper Taraf, was convicted of “membership in a terrorist organization”, Anadolu Agency reported. Özkaya was sentenced to 7 years and 6 months in prison by the 16th High Criminal Court of Ankara.
The indictment alleged that Özkaya used the encrypted messaging service ByLock, which Turkish authorities consider to be the primary communication tool between members of the Gülen movement. He was also accused of having deposited cash in Bank Asya, a bank considered to be run by the Gülen movement and where holding a deposit account has been widely used as evidence for the charge of membership in a terrorist organization.
Link(s):
https://www.evrensel.net/haber/387019/taraf-gazetesi-muhabiri-huseyin-ozkayaya-7-5-yil-hapis-cezasi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
12 September 2019 – Veteran journalist Uğur Dündar was convicted of “insulting a public official” by a court in Istanbul over an article he wrote in 2014, online news website Bianet reported.
The 2nd Criminal Court of First Instance of Küçükçekmece found Dündar guilty of “insulting” former Prime Minister Binali Yıldırım and handed down the journalist a prison sentence of 11 months and 20 days. The court did not defer the verdict. However, taking into account Dündar’s “age, personality, his social and financial status,” the court ruled to give an alternative sentence in the form of reading books and/or scholarly articles about “crimes against honor” at least two hours every week at university libraries for a period of five months and 25 days.
This was the retrial of a 2015 case, where the same court had sentenced Dündar to 11 months and 20 days on the “insult” charge. That ruling was later overturned by the Supreme Court of Appeals, which ordered a retrial.
Link(s):
https://www.sozcu.com.tr/2019/yazarlar/ugur-dundar/kitap-okuma-cezasi-5331190/
http://www.diken.com.tr/ugur-dundara-kitap-okuma-cezasi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
12 September 2019 – The Office of the Chief Public Prosecutor of Van has launched a criminal investigation against journalist Oktay Candemir on the allegation of “insulting the president,” Mezopotamya news agency reported. The accusations against Candemir are based on a social media post in which he shared photos of President Erdoğan and a comment.
Candemir recently gave his statement to a prosecutor in Van as part of the investigation.
Link(s):
http://mezopotamyaajansi20.com/tum-haberler/content/view/68974
https://www.gazeteduvar.com.tr/gundem/2019/09/13/gazeteci-candemire-cumhurbaskanina-hakaret-davasi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
12 September 2019 – Cem Şimşek, the former responsible managing editor of Evrensel daily, was sentenced to 41,666 Turkish Lira (around $ 7,300) for “failure to properly publish a retraction” on an article about the Treasury and Finance Minister Berat Albayrak, Evrensel reported.
The 2nd Criminal Court of First Instance of Bakırköy in Istanbul acquitted Şimşek of the charge of “insulting a public official” stemming from the article published in the newspaper in July 2018. However, the court fined both Şimşek and the newspaper’s owner, Cemal Dursun, for using “retraction” as title instead of title of the retraction itself, which said “Our response to daily Evrensel’s unsubstantial article on Berat Albayrak.” Berat Albayrak is also the son-in-law of President Recep Tayyip Erdoğan.
Link(s):
https://www.evrensel.net/haber/386645/evrensele-yayinladigi-tekzipten-41-bin-lira-para-cezasi
https://gazetekarinca.com/2019/09/gazeteci-cem-simseke-hem-para-cezasi-hem-de-beraat/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
9 September 2019 – Jin News reporter Melike Aydın was sentenced to 15 months in prison on the charge of “disseminating propaganda for a terrorist organization,” online news website Gazete Karınca reported.
Aydın was facing a trial over a social media post from 2006. The Bayraklı 20th High Criminal Court in Izmir, which oversaw the trial, deferred Aydın’s sentence.
Link(s):
https://gazetekarinca.com/2019/09/gazeteci-melike-aydina-1-yil-3-ay-hapis-cezasi149717/
https://t24.com.tr/haber/gazeteci-melike-aydin-a-1-yil-3-ay-hapis-cezasi-verildi,838765
https://www.evrensel.net/haber/386415/jinnews-muhabiri-melike-aydina-1-yil-3-ay-hapis-cezasi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
5 September 2019 – The Radio and Television Supreme Council (RTÜK) has fined private broadcaster TV5 over an interview with Etyen Mahçupyan, a journalist and ex-advisor of former Prime Minister Ahmet Davutoğlu, Susma platform reported. During the broadcast, Mahçupyan said an operation was carried out against Davutoğlu supporters within media through Serhat Albayrak, the owner of the biggest pro-government media group Turkuaz and brother of Treasury and Finance Minister Berat Albayrak. The latter is also the son-in-law of President Recep Tayyip Erdoğan. The operation had resulted in Serhat Albayrak becoming the most influential media tycoon of the country, Mahçupyan had added.
The media watchdog argued that Mahçupyan’s claims constituted a “defamation, blacklisting and breach of privacy.” “RTÜK concluded that [Mahçupyan’s statements] went beyond the boundaries of criticism and contained words that are degrading, defamatory and accusatory,” RTÜK said.
TV5, which only broadcasts on the Internet and private digital platforms, said it would appeal the decision. After serving as a prime minister for more than a year between 2015 and 2016, Davutoğlu fell off with the ruling Justice and Development Party (AKP). He was eventually expelled from the party on September 2019.
Link(s):
http://susma24.com/rtukten-tv5e-ceza/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Government / State Agency / Public official(s) / Political party[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1571649978179-76d82e2e-9a49-3″ taxonomies=”35195″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”18 Incidents” use_theme_fonts=”yes”][vc_column_text]
30 August 2019 – Four journalists from BirGün daily — İbrahim Aydın, Barış İnce, Can Uğur and Bülent Yılmaz — were charged with “aiding a terrorist organization without being its member” in a new indictment. The accusation stems from the journalists’ reporting about posts from before the year 2016 by the Twitter account that used the pseudonym “Fuat Avni,” Bianet reported.
The 16-page indictment was recently accepted by the 32nd High Criminal Court of Istanbul, which will be overseeing the case. The indictment claims that the newspaper’s reporting about “Fuat Avni” helped “Fethullahist Terrorist Organization (FETÖ/PDY)” in their attempts to manipulate public opinion.
Link(s):
http://bianet.org/bianet/ifade-ozgurlugu/212463-birgun-gazetesine-algi-operasyonu-davasi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
29 August 2019 – The trial of former executives of the shuttered Taraf daily and reporter Mehmet Baransu for allegedly publishing a secret military document called the “Egemen Operation Plan” resumed on 27 August 2019 at the 13th High Criminal Court of Istanbul, P24 reported.
Baransu, the only jailed defendant in the case, who was brought to the courtroom from the Silivri Prison accompanied by gendarmerie, continued presenting his defense statement on the first day of the hearing, which was planned to continue for three days.
Taraf’s former executives Ahmet Altan, Yasemin Çongar and Yıldıray Oğur were not in attendance because they are exempt from personal appearance in court. The hearing scheduled for 28 August did not take place because the court failed to send a summons to the Silivri Prison for Baransu to be brought to the courthouse.
Baransu continued making his defense statement on the third day of the hearing on 29 August. In its interim ruling at the end of that hearing, the court ordered the continuation of Mehmet Baransu’s detention on remand on the grounds of “the nature and type of the alleged crime” and because he “has still not completed his defense statement.” The court set 10-11-12 December 2019 as the dates for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1166239774442700800?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
29 August 2019 – Ümit Uzun, a reporter for Demirören News Agency (DHA), was taken into custody in Istanbul as he was covering a news story for the agency.
Uzun was arrested and handcuffed behind his back as he was interviewing the owner of a store in the Gaziosmanpaşa district, where a car crashed into. The grounds for Uzun’s arrest was “disrupting the scene of the accident.” Uzun was released after interrogation. After being released, the journalist filed a complaint with the Public Prosecutor’s Office about the officers who arrested him.
Link(s):
https://tele1.com.tr/dha-muhabirine-ters-kelepce-ile-gozaltina-alindi-80231/
https://www.youtube.com/watch?v=-dpH1hElhuI
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
29 August 2019 – A local reporter in Turkey’s western town of Balıkesir was wounded by a gunshot on his foot fired by two unidentified assailants in front of his home in the early hours of 29 August.
Levent Uysal, who was the owner and publisher of the local newspaper Balıkesir Yenigün which recently closed down due to economic reasons, was taken to the hospital following the attack.
Uysal said the assault occurred around 1 a.m. at night. Two unidentified people wearing helmets approached him to ask for an address and fired six gunshots before taking off on motorcycles, he said.
The journalist said the police had obtained footage showing the assailants performing surveillance nearby his house a few days ahead of the attack. He added that he thought the attack was organized. “I’m not involved in any vendettas or inheritance dispute. I’ve recently made reports that disturbed and disfavored some [individuals],” he told local media according to DW Turkish. “I think that [the assailants] were instigated by them,” he said requesting from officials a thorough investigation into the case.
Uysal explained his reports were looking to shed light on the favors granted by high officials of the Balıkesir Metropolitan Municipality to their relatives as well as the establishment of new cliques in local institutions. “Questioning and monitoring those who work to serve the public is my task. If [my reports] contain errors or slanders I am ready to be held accountable of it,” he said. No trial or criminal investigation was launched for his reporting so far, Uysal said.
He also said he had to stop printing his newspaper and added that it was impossible for local media to survive without the support of local institutions.
The attack against Uysal came after a wave of attacks targeting journalists, including local reporters, during a heated local elections campaign. The attack was condemned by Balıkesir Journalists’ Association, Reporters Without Borders and the OSCE Representative on Freedom of the Media.
Link(s):
https://www.tv100.com/balikesirde-levent-uysala-silahli-saldiri-haber-467190
https://www.haberturk.com/balikesir-haberleri/71443855-gazeteci-uysala-silahli-saldiri
Categories: Physical Assault / Injury
Source of violation: Unknown
26 August 2019 – Mezopotamya news agency (MA) reporters Ahmet Kanbal and Mehmet Şah Oruç, JinNews reporter Rojda Aydın and journalists Nurcan Yalçın and Halime Parlak, who were arrested in Mardin on 20 August 2019, were released late on 26 August after giving their statements at the Mardin Police Department, Mezoptamya news agency reported.
All five journalists were arrested as they were covering demonstrations in Mardin in protest of the government’s recent removal of the mayors of Mardin, Diyarbakır and Van from office. They were held in custody for six days before being released. During police interrogation, all five were asked what they were doing on the scene of the protests. Oruç said after they were released that they were handcuffed behind their back while they were being arrested. The journalists also said in a statement that they were subjected to strip searches at the police department.
Reporter Yelda Özbek, who was arrested the same day in Diyarbakır, was released from custody on 21 August. The detention period of the five journalists under arrest in Mardin was extended for four more days on 23 August.
Link(s):
http://mezopotamyaajansi20.com/tum-haberler/content/view/67136?page=4
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
26 August 2019 – Tümen Anlı, the press and media relations officer for the Democratic Society Congress (DTK), and Vedat Dağ, the press relations officer for the Diyarbakır branch of People’s Democratic Party (HDP) were released under judicial control measures by a court on 26 August after spending seven days in custody. They were both arrested as part of operations on the heels of the government’s removal of the mayors of Diyarbakır, Mardin and Van from office late on 18 August.
Dağ said all 16 questions he was asked during his interrogation at the police department were about why he attended press statements by the HDP. Ziyan Karahan, an editor for the Mezopotamya news agency who was arrested as part of the same operation, was released on 22 August. Anlı and Dağ’s custody period was extended until 26 August.
Link(s):
http://mezopotamyaajansi20.com/tum-haberler/content/view/67503
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
23 August 2019 – Ayşegül Tözeren, a medical doctor, writer, literary critic and a columnist for Evrensel daily, was taken into custody on 20 August 2019 during a midnight police raid on her Istanbul home.
The raid was conducted on the grounds of an anonymous “tip-off,” daily Evrensel reported. Tözeren was barred from seeing her lawyer during the first 24-hour period of her detention.
After having been held in custody for three days, Tözeren was brought to the Istanbul Courthouse on 23 August. The prosecutor investigating her file referred her to court for release under judicial control measures, without taking her statement. The 4th Istanbul Criminal Judgeship of Peace ruled to release Tözeren under an international travel ban. The court minutes showed that Tözeren is a suspect in an ongoing investigation launched for “membership in a terrorist organization.”
Link(s):
https://www.evrensel.net/haber/385154/yazarimiz-edebiyatci-aysegul-tozeren-gozaltina-alindi
https://medyascope.tv/2019/08/20/edebiyatci-aysegul-tozeren-gozaltina-alindi/
https://www.dw.com/tr/ay%C5%9Feg%C3%BCl-t%C3%B6zeren-serbest-b%C4%B1rak%C4%B1ld%C4%B1/a-50140785
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
23 August 2019 – Taylan Özgür Öztaş, a reporter for Özgür Gelecek newspaper, was arrested on 22 August 2019 in a midnight police raid on his home in Istanbul, P24 reported. He was arrested based on the claim that he took part in a demonstration on 20 August in Kadıköy in protest of the government-appointed trustees of Diyarbakır, Mardin and Van.
Another Istanbul-based journalist, Tunahan Turhan, a reporter for the Etkin news agency (ETHA), was also taken into custody in Istanbul on 22 August. Turhan was detained following a criminal record check by the police in Kadıköy. The reporter was in Kadıköy to cover a demonstration by the HDP’s local branch in protest of the removal of Diyarbakır, Mardin and Van mayors from office.
Both Öztaş and Turhan were brought to the Anatolian Courthouse on Istanbul’s Asian side on 23 August. There, they first gave their statements to a prosecutor, who referred both journalists to a court for release. The court released both journalists under judicial control measures.
Link(s):
https://gazetekarinca.com/2019/08/istanbulda-ev-baskinlarinda-gozaltina-alinanlar-serbest/
Categories: Physical Assault / Injury
Source of violation: Police / State security
23 August 2019 – Mersin-based journalist Sami Harunlar, the owner of the local newspaper Barış (Peace), was attacked by armed assailants near his home in Tarsus, Demirören News Agency reported.
The 58-year-old journalist was injured in the assault carried out by two unidentified men. Harunlar was hospitalized following the incident. Police has launched an investigation into the attack.
Link(s):
http://www.hurriyet.com.tr/gundem/tarsusta-gazeteciye-silahli-saldiri-41310153
https://www.mersinportal.com/tarsus/mersinde-gazeteci-sami-harunlara-silahli-saldiri-h51517.html
http://gazetekarinca.com/2019/08/mersinde-gazeteci-sami-harunlara-silahli-saldiri/
Categories: Physical Assault / Injury
Source of violation: Unknown
22 August 2019 – Oktay İnce, a member of the video activist collective Seyri Sokak, was taken into custody on 22 August in Izmir, online news website Gazete Duvar reported. He was arrested along with 26 lawyers from the Izmir Bar Association as he was covering the lawyers’ press statement protesting the removal of Mardin, Diyarbakır and Van mayors from office.
İnce was taken to the Izmir Police Department. He was released the same day after giving his giving his statement at the police department.
Link(s):
https://www.gazeteduvar.com.tr/gundem/2019/08/22/kayyim-protestosunda-26-avukata-gozalti/
https://www.evrensel.net/haber/386132/izmirde-hdpli-vekillerin-kayyum-eylemi-yine-engellendi
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
20 August 2019 – Six journalists were arrested on 20 Auguıst 2019 in Mardin and Diyarbakır as they were covering public demonstrations in both cities in protest of the government’s recent removal of the mayors of Mardin, Diyarbakır and Van from office.
Mezopotamya news agency (MA) reporters Ahmet Kanbal and Mehmet Şah Oruç, Jinnews reporter Rojda Aydın and journalists Nurcan Yalçın and Halime Parlak were arrested in Mardin while reporter Yelda Özbek was arrested in Diyarbakır.
Police dispersed the crowds who gathered in front of Diyarbakır and Mardin municipalities. The reporters were arrested as they were taking pictures of the protesting crowds.
Link(s):
https://www.bbc.com/turkce/live/haberler-turkiye-49381649
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
19 August 2019 – Four journalists were taken into custody o9 in Diyarbakır as part of sweeping operations across several cities. The operations followed immediately on the heels of the removal of Diyarbakır, Mardin and Van mayors from office late on 18 August by the government, which appointed trustees to run these three cities.
The Mezopotamya news agency (MA) reported on Monday that Ziyan Karahan, an editor for the agency’s Kurdish edition, was arrested during a raid on her home in Diyarbakır as part of the operations. MA said Karahan was brought to the Diyarbakır Police Department’s anti-terror branch. The grounds for Karahan’s arrest were not immediately disclosed.
Turkish Journalists Union (TGS) Diyarbakır representative Mahmut Oral told P24 that journalist Tümen Anlı, the press and media relations officer for the Democratic Society Congress (DTK), Vedat Dağ, the press relations officer for the Diyarbakır branch of People’s Democratic Party (HDP), and Özgür Ülke, the press relations officer for the local Bismil Municipality, were also taken into custody during Monday’s raids.
The four journalists were among a total of 418 individuals, who also included local HDP politicians and municipal employees, arrested as part of the operations that took place in the early hours of Monday.
Link(s):
http://gazetekarinca.com/2019/08/diyarbakirda-gazeteci-ziyan-karahan-gozaltina-alindi/
https://nupel.net/mezopotamya-editoru-karahan-gozaltina-alindi-41244h.html
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
20 August 2019 – Journalist Ergin Çağlar, a Mersin-based reporter for Mezopotamya news agency, was arrested on 16 August 2019 at the Mersin Courthouse where he had gone to give his statement as part of an ongoing criminal investigation against him. He was released under judicial control measures by a Mersin court on 20 August after spending four days in custody, Mezopotamya news agency reported.
Çağlar’s apartment in Mersin was raided on 14 August as part of an investigation by the Mersin Chief Public Prosecutor’s Office, which had also issued an arrest warrant for the journalist.
Çağlar was brought to the Mersin Police Department for interrogation after being arrested at the Mersin Courthouse. The journalist is charged with “membership in a terrorist group” and a confidentiality order was in place concerning the investigation.
Link(s):
https://www.evrensel.net/haber/384862/gazeteci-ergin-caglar-serbest-birakildi-2
http://bianet.org/bianet/diger/211932-gazeteci-ergin-caglar-serbest-birakildi
https://gazetekarinca.com/2019/08/gazeteci-ergin-caglar-serbest-birakildi/
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
9 August 2019 – Cebrail Arslan, a reporter for the Pir News Agency (PİRHA) was arrested on 8 August 2019 along with five other people during a raid on his home in Ankara, online news website Gazete Karınca reported.
Arslan and the five other people were released one day after giving their statement. News reports said the six people were questioned in relation to their involvement in protests, called “White Flag,” against the military operations and curfews in civilian areas of the Southeast in 2016,
Link(s):
https://gazetekarinca.com/2019/08/pirha-muhabiri-cebrail-arslan-serbest-birakildi/
https://www.pirha.net/ajans-calisanimiz-cebrail-arslan-gozaltina-alindi-183437.html/08/08/2019/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
8 August 2019 – A court in the eastern province of Van ruled to keep imprisoned journalist İdris Yılmaz in pre-trial detention, online news website Artı Gerçek reported. The hearing was the first one after two separate cases where he is charged with “membership of a terrorist organization” were merged.
Yılmaz was previously sentenced to 6 years and 3 months in prison but his sentence was overturned by an appellate court, which ordered re-trial. This case was then merged with another ongoing one in which Yılmaz is again charged with “membership of a terrorist organization.” Yılmaz attended the court hearing via court video-conferencing system from a prison in Elazığ further west, where he is held since his arrest.
The court ruled for Yılmaz’s continued pre-trial detention at the end of the hearing and adjourned the trial until 27 September.
Link(s):
https://twitter.com/ArtiTV_/status/1159821875486367744?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
7 August 2019 – The Ankara 3rd Criminal Judgeship of Peace has ruled for access to a total of 136 websites, web pages and social media accounts.
Among the websites blocked by the decision are those of news portal Gazete Fersude and Etkin News Agency (ETHA). The website geziyisavunuyoruz.org, which follows the trial of Osman Kavala and 15 others facing the charge of “attempting the overthrow the government” for their involvement in the Gezi protests, is also among those that were blocked for allegedly violating Turkey’s Internet law.
The ruling dated 16 July 2019 was rendered in response to a complaint submitted on the same day by the Gendarmerie Command which claimed that the mentioned sites violated Article 8/A of the Law No. 5651, which covers online publication and cyber-crimes.
The law allows judges to order removal of content or block access on one or more of the following grounds: to protect the right of life or security of life and property, to protect national security and public order, to prevent the commission of a crime, or to protect public health.
The ruling to block access to ETHA’s website etha10.com.tr, geziyisavunuyoruz.org and Gazete Fersude’s website gazetefersude.com was implemented following the decision of the Ankara 3rd Criminal Judgeship of Peace. Among the 136 Internet sources that the court ordered banned are websites and social media accounts including numerous Facebook, Instagram, Twitter, Youtube and Pinterest pages.
Details pertaining to the court decision that were obtained by bianet’s lawyer later revealed that bianet.org was erroneously included in the list of URLs to be blocked, although decision remains in effect for 135 other web addresses. Court documents obtained on 7 August by lawyer Meriç Eyüboğlu showed that the complainant Gendarmerie Command had applied to the Ankara 3rd Criminal Judgeship of Peace on 17 July, stating that bianet.org was erroneously included in the list and requesting that the court decision be revised accordingly. The court, in response, issued a decision saying the order to block access to bianet.org was removed while the decision remains valid for the remaining 135 web URLs.
Link(s):
https://bianet.org/1/19/211456-bianet-in-engellenmesi-karari-sehven-135-adres-hala-yasakli
http://gazetekarinca.com/2019/08/135-adres-hala-yasakli-bianetin-engellenmesi-karari-sehven-alinmis/
Categories: Censorship
Source of violation: Court / Judicial
1 August 2019 – A regulation that gives Turkey’s radio and television watchdog RTÜK tha authority to supervise content streamed online formally went into effect upon its publication in the Official Gazette.
The regulation, which raised concerns over possible censorship, makes it mandatory for online media content providers to obtain broadcasting licenses and permits from RTÜK, in return for significant sums. It also allows RTÜK to supervise content provided by them and introduce sanctions in case of non-compliance with broadcasting principles.
Streaming platforms like Netflix, local streaming platforms PuhuTV and BluTV will now be subject to RTÜK supervision and potential fines or loss of their license.
In addition to subscription services like Netflix, free online news outlets will also be subject to the same measures. Providers will be required to pay TL 10,000 (around $ 1,800) to get a license to provide radio services while TV and subscription-based service providers will need to pay TL 100,000 (around $ 18,000).
Yaman Akdeniz, a law professor and a cyber rights specialist, said access to the Netflix platform or to news outlets broadcasting from abroad could be blocked. Akdeniz also commented that media outlets such as Turkish services of the BBC or Deutsche Welle, which have emerged as sources of news not subject to government control over the past years, were possible intended targets of the regulation.
Kerem Altıparmak, a human rights lawyer, said the move was the “biggest step in Turkish censorship history” and said all outlets producing opposition news would be affected. “Everyone who produces alternative news and broadcasts will be impacted by this regulation,” Altıparmak wrote on Twitter. “Every news report that can be against the government will be taken under control.”
Link(s):
http://www.resmigazete.gov.tr/eskiler/2019/08/20190801-5.htm
https://www.dw.com/tr/internet-televizyonlar%C4%B1na-rt%C3%BCk-denetimi-geldi/a-49841223
https://www.bbc.com/turkce/haberler-turkiye-49193378
https://bianet.org/1/13/211163-internetten-yayinlar-rtuk-denetimine-alindi
Categories: Legal Measures
Source of violation: Government / State Agency / Public official(s) / Political party
1 August 2019 – The Istanbul Chief Public Prosecutor’s Office launched an investigation against a group of media outlets, including independent news websites T24 and Diken, on the charge of “supporting a terrorist group without being its member.” Both websites are under scrutiny for reporting on Twitter posts of an anonymous account called “Fuat Avni” nearly five years ago.
T24 reported that the investigation was subject to a confidentiality order and that it was not clear what media outlets other than T24 and Diken were involved. It said editors and executives of T24 who worked there in 2014-2016 were summoned by the Istanbul Chief Public Prosecutor’s Office to give statements as part of the investigation.
Those summoned were asked questions on why they reported on “Fuat Avni” tweets, who prepared the reports and whether they had received any instructions to report on the tweets.
The account under the “Fuat Avni” nickname, which has since been deactivated, shared alleged inside information on secret dealings of then Prime Minister Recep Tayyip Erdoğan and other government members.
Link(s):
https://www.birgun.net/haber/t24-ve-diken-e-fuat-avni-sorusturmasi-263707
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1568735643507-01eb7ae9-5ff4-2″ taxonomies=”35195″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”29 Incidents” use_theme_fonts=”yes”][vc_column_text]
19 July 2019 – The fourth hearing in the trial of journalist Atakan Sönmez, the former news director of Cumhuriyet daily’s online edition, took place at the 13th High Criminal Court of Istanbul, P24 reported.
Sönmez is charged with “spreading propaganda for a terrorist organization” over the Cumhuriyet website’s coverage of Turkey’s 2018 military operation on Syria’s Afrin. In the previous hearing the prosecutor requested the court to convict the journalist of “systematically spreading propaganda for a terrorist organization.”
Sönmez asserted that none of the news stories that form the basis of the accusations included terrorist propaganda or any other criminal intent and requested to be acquitted. In its interim ruling, the court granted Sönmez exemption from appearing in court and adjourned the trial until 7 November 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1140881948937785344?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
19 July 2019 – Journalist Adnan Bilen’s trial on the charge of “insulting the president” in his social media posts got underway at the 4th Criminal Court of First Instance of Van, Mezopotamya news agency reported.
Bilen and his lawyer Haşem Baygümüş were in attendance in the courtroom. In his defense statement, Bilen said that the social media posts in question did not contain any insulting remarks. He also said those posts had been shared on social media by over 1 million people to date. “Are you going to press charges against all those 1 million people? Is this truly possible?” he asked.
Bilen’s lawyer requested the court to acquit his client. The court adjourned the trial until 8 November 2019.
Link(s):
http://mezopotamyaajansi21.com/tum-haberler/content/view/63929
https://www.evrensel.net/haber/383294/gazeteci-adnan-bilen-paylasimim-hakaret-degil-elestiridir
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
18 July 2019 – The criminal court that sentenced Ahmet Altan, Mehmet Altan, Nazlı Ilıcak and three of their co-defendants to aggravated life imprisonment in the “coup” case in 2018 will begin the retrial of the case on 8 October, P24 reported.
The 26th High Criminal Court of Istanbul, which will oversee the retrial after its initial verdict was overruled on appeal, rejected the requests for Ahmet Altan, Nazlı Ilıcak and their three co-defendants to be released pending trial. All five have been in pre-trial detention for almost three years as part of the case.
The trial court also ruled for Mehmet Altan, who was released pending trial last summer by the appellate court, to be “forcibly brought to the hearing.”
The retrial comes on the heels of a judgment by the Supreme Court of Appeals earlier this month, which overturned the trial court’s 2018 verdict and ordered a retrial.
Link(s):
https://www.evrensel.net/haber/383369/altanlar-davasinda-yeniden-yargilama-8-ekimde
http://www.platform24.org/guncel/3854/altanlar-davasinda-yeniden-yargilama-8-ekim-de
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
18 July 2019 – Jailed journalist Harun Çümen, who is the former responsible managing editor of the shuttered Zaman newspaper, was sentenced to 7 years and 6 months in prison on the charge of “membership in a terrorist organization” at the final hearing of his trial, P24 reported.
The 32nd High Criminal Court of Istanbul ruled to keep Çümen behind bars during the appeal process. Çümen has been in pre-trial detention for the past 16 months.
Link(s):
https://twitter.com/P24DavaTakip/status/1151785097860984834?s=20
https://aktifhaber.com/15-temmuz/gazeteci-harun-cumene-75-yil-hapis-cezasi-h135050.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
18 July 2019 – The Office of the General Prosecutor of the Supreme Court of Appeals has requested the reversal of the verdict in the Cumhuriyet trial, online news website Anadolu Agency reported. Turkey’s highest appeal court is expected to review the prison sentences handed down for Cumhuriyet newspaper’s former journalists and executives Orhan Erinç, Akın Atalay, Murat Sabuncu, Hikmet Çetinkaya, Aydın Engin and Ahmet Şık for “aiding a terrorist organization without being its member” in the coming months.
The Office of the General Prosecutor of the Supreme Court of Appeals said in their judicial opinion that all defendants except Şık should be acquitted of all charges, while Şık should be charged with “praising a [terrorist] group and violence” and “spreading propaganda,” in which case he would face a combined sentence between 3.5 and 13.5 years.
The prosecutor asked the Supreme Court to reject the appeals filed by Emre İper and Ahmet Kemal Aydoğdu.
The prosecutor also sought the reversal of the verdicts for five former Cumhuriyet staffers – Musa Kart, Güray Öz, Önder Çelik, Hakan Kara and Mustafa Kemal Güngör – who are currently in prison. Their conviction became valid after a ruling by the Istanbul Regional Court as prison sentences less than five years can only be appealed once and are normally not subject to a review by the Supreme Court of Appeals.
The case file will be overseen by the 16th Criminal Chamber of the Supreme Court of Appeals.
Link(s):
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
18 July 2019 – Jailed journalist Kibriye Evren, a reporter for the female news collective JinNews, appeared before a Diyarbakır court for the sixth hearing of her trial, P24 reported. Evren faces charges of “membership in a terrorist group” and “disseminating spreading for a terrorist group.”
The prosecution had submitted their final opinion of the case during the previous hearing, requesting the court to convict the journalist of both charges.
Addressing the 5th High Criminal Court of Diyarbakır for her defense statement, Evren said she has been jailed for the past 10 months based on statements by two secret witnesses and on her social media posts. Rejecting the accusations, Evren asked to be acquitted.
In its interim decision, the court ruled to inquire on the Şanlıurfa Chief Public Prosecutor’s Office about a 2016 investigation file against Evren on the allegation of “terrorist group membership.” The court ruled to keep Evren behind bars and adjourned the trial until 24 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1151742674178859008?s=20
http://gazetekarinca.com/2019/07/gazeteci-kibriye-evrenin-tutukluluguna-devam-karari/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
18 July 2019 – The trial against the former editor-in-chief Can Dündar for joining the solidarity campaign with the now closed pro-Kurdish daily Özgür Gündem resumed in Istanbul, advocacy group Press in Arrest reported. The 22nd High Criminal Court of Istanbul, which oversees the trial, ruled to wait for the execution of the arrest warrant against Dündar and adjourned the trial until 28 November 2019. Dündar, who faces several trials and prison sentences, has been living abroad for more than two years.
Link(s):
https://twitter.com/PressInArrest/status/1151765873599926272?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
17 June 2019 – The 11th hearing in the trial against Professor Şebnem Korur Fincancı, the president of the Human Rights Foundation of Turkey (TİHV), Erol Önderoğlu, Reporters Without Borders (RSF) Turkey representative, and journalist-writer Ahmet Nesin for joining in the “substitute editor-in-chief” campaign for the shuttered Özgür Gündem newspaper resumed at the Istanbul courthouse, P24 reported. All four were accused of “spreading propaganda for a terrorist organization,” “incitement to commit crime” and “praising crime and criminals.”
Issuing its verdict, the court acquitted all the rights defenders. It was the first acquittal ruling issued by a court for those who joined the “substitute editor-in-chief” campaign in solidarity with the pro-Kurdish newspaper. Murat Çelikkan and Ayşe Düzkan have already served prison sentences on the same charges.
Link(s):
https://twitter.com/P24DavaTakip/status/1151389531943428096?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
17 July 2019 – The 12th hearing in the trial against Eren Keskin and Hüseyin Aykol, the former co-editors-in-chief of the closed down pro-Kurdish newspaper Özgür Gündem, its former responsible managing editor Reyhan Çapan and journalist Hasan Başak resumed in Istanbul, P24 reported. All four face charges of “praising crime and criminal,” “incitement to commit crimes” and “spreading propaganda for a terrorist organization”.
Keskin’s file has been separated from the case and sent to the 23rd High Criminal Court; it will be merged with the ongoing main trial, where she faces similar accusations.
The prosecutor submitted their final opinion, asking the court to convict Aykol, Çapan and Başak of “praising crime and criminals” and “incitement to commit crime.” The prosecutor also sought prison terms for Aykol and Başak on the “propaganda” charge, while they asked the court to convict Çapan of “systematically spreading terrorism propaganda.”
Granting time for the preparation of the final defense statements in response to the prosecutor’s final opinion, the court adjourned the trial until 21 November 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1151416664275214336?s=20
http://gazetekarinca.com/2019/07/ozgur-gundem-davasi-aykol-dahil-yedi-gazeteciye-ceza-istendi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
17 July 2019 – The Chief Public Prosecutor’s Office of Bakırköy in Istanbul has launched a new investigation against journalist Necla Demir, the former publisher of the online news portal Gazete Karınca, the website reported. The allegation in the new investigation file is “incitement to hatred and animosity.”
The investigation was launched upon an anonymous tip filed with the Presidency’s Communication Center (CIMER).
Demir was referred her to a Criminal Judgeship of Peace after being interrogated by the prosecutor, who requested the implementation an international travel ban and other judicial control measures. In the previous case, the judgeship ruled that Demir did not have any intent of committing a crime and her actions were aimed at informing the public.
Link(s):
http://gazetekarinca.com/2019/07/gazeteci-necla-demire-bu-kez-de-isimsiz-ihbarla-sorusturma/
https://www.gazetefersude.com/gazeteci-necla-demire-isimsiz-ihbarla-sorusturma-acildi-67077/
https://www.gercekgundem.com/medya/106164/gazeteciye-isimsiz-ihbardan-sorusturma
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
16 July 2019 – The trial of Turkish-German journalist Deniz Yücel, the former Turkey correspondent of the German newspaper Die Welt, on the charges of “spreading propaganda for a terrorist group” and “inciting hatred and animosity” resumed at the 32nd High Criminal Court of Istanbul, P24 reported.
The presiding judge announced that the court has just received the Constitutional Court’s ruling concerning the individual application of Yücel, in which the top court had ruled that Yücel’s pre-trial detention violated his rights to liberty and security, freedom of expression and freedom of the press.
Yücel’s lawyer then asked the trial court to acquit Yücel in line with the Constitutional Court ruling and without waiting for the defense statement, taken in May in Berlin, to be sent to the trial court. In its interim ruling, the court decided to wait until they receive Yücel’s statement and adjourned the trial until 17 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1151048073197604870?s=20
https://gazetekarinca.com/2019/07/aym-hak-ihlali-karari-vermisti-deniz-yucelin-durusmasi-ertelendi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
16 July 2019 – Ali Ergin Demirhan, an editor for the news portal Sendika.Org, has been sentenced to 11 months and 20 days in prison on the charge of “insulting the president.”
Demirhan was on trial because of a social media post he had shared. The court deferred Demirhan’s sentence by five years, during which he would be subject to probation. Demirhan announced the verdict against him on 16 July 2019 in his Twitter account.
Link(s):
https://twitter.com/ali_ergind/status/1151050770248294400
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
15 July 2019 – Ahmet Kanbal, a reporter for the Mezopotamya news agency, was taken into custody on 13 July 2019 in the southeastern province of Mardin, where he lives, the agency reported.
Kanbal was charged with “spreading propaganda for a terrorist group” over his social media posts and referred to the courthouse on 15 July. The court he was referred to by the prosecutor released Kanbal under judicial control measures and an international travel ban.
Link(s):
http://gazetekarinca.com/2019/07/gazeteci-ahmet-kanbal-adli-kontrol-ile-serbest-birakildi/
https://www.artigercek.com/haberler/gazeteci-ahmet-kanbal-serbest-birakildi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
12 July 2019 – The Constitutional Court has found that an access ban targeting a news story published in the online edition of BirGün newspaper violated freedom of the press and freedom of expression, the newspaper reported.
An Ankara judgeship had imposed an access ban on the footage featured on the website, which showed a local man tied behind an armored police vehicle and dragged during operations in Şırnak in 2015. BirGün had filed an application with the top court concerning the access ban.
The Constitutional Court’s Plenary voted unanimously in favor of BirGün and also ruled to send a memo to the Gölbaşı Criminal Judgeship of Peace to lift the block on the news story.
Link(s):
https://t24.com.tr/haber/aym-habere-erisim-engeli-karari-ifade-ve-basin-ozgurlugu-ihlalidir,830276
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
12 July 2019 – The trial of the former executives of the shuttered daily Taraf and its reporter Mehmet Baransu was held at the 13th High Criminal Court of Istanbul over two days, P24 reported. The accusations in the case stem from the alleged publication of a document called “Egemen War Plan.”
Baransu, the only imprisoned defendant in the case who is in pre-trial detention in the Silivri Prison, was in attendance to continue with his defense statement. Former Taraf executives Ahmet Altan, Yasemin Çongar and Yıldıray Oğur, who are exempt from personal appearance in court, did not attend. They were represented by their lawyers.
Following the completion of statements by lawyers, the prosecutor requested the continuation of Baransu’s detention on remand. At the end of the two-day hearing, the court ordered the continuation of Baransu’s detention. Also ruling to wait for the execution of the arrest warrant against Tuncay Opçin, the fifth defendant in the case, the court adjourned the trial until 27, 28, 29 August.
Link(s):
https://twitter.com/P24DavaTakip/status/1149288074129682432?s=20
https://www.timeturk.com/baransu-nun-tutukluluk-halinin-devamina-karar-verildi/haber-1129492
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
11 July 2019 – Veteran journalist Hüseyin Aykol, the former co-editor-in-chief of the shuttered pro-Kurdish newspaper Özgür Gündem, was sent to prison to serve a 3-year and 9-month sentence he was given in 2018, Mezopotamya news agency reported.
Aykol was taken into custody at noon on 11 July at his home in Ankara and was taken to the Sincan Courthouse. After the completion of the procedures at the courthouse, Aykol was sent to the Sincan F Type Prison in Ankara.
Aykol was convicted of “spreading propaganda for a terrorist organization” in January 2018 at the final hearing of a trial where his co-defendants included Mehmet Ali Çelebi and Ayşe Düzkan, who were among journalists who participated in the “substitute editor-in-chief” campaign for Özgür Gündem in 2016. The sentences given to Aykol and his co-defendants were upheld by the 3rd Criminal Chamber of the Istanbul Regional Court of Justice on 29 November 2018.
Aykol is currently a defendant in 63 separate trials, some of which are pending before appellate courts.
Link(s):
http://mezopotamyaajansi21.com/tum-haberler/content/view/63233
https://m.bianet.org/english/freedom-of-expression/210345-journalist-huseyin-aykol-detained
https://www.evrensel.net/haber/382839/gazeteci-huseyin-aykol-cezaevine-goturuldu
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
11 July 2019 – The second hearing in the trial against Necla Demir, the former publisher of the online newspaper Gazete Karınca, took place at the 33rd High Criminal Court of Istanbul, P24 reported. Demir stands accused of “systematically disseminating propaganda for a terrorist organization” for the website’s coverage of Turkey’s 2018 military operation on Syria’s Afrin.
The presiding judge announced that the defense statements presented during the previous courtroom hearing were recorded but the tapes have yet to be transcribed. Lawyer Korkmaz informed the court that his client would be in attendance at the next hearing to make her defense statement in person. Issuing its interim ruling at the end of the hearing, the court adjourned the trial until 11 October 2019 for the delivery of Demir’s defense statement.
Link(s):
https://twitter.com/P24DavaTakip/status/1149290863123750912?s=20
http://gazetekarinca.com/2019/07/gazeteci-necla-demirin-durusmasi-ekim-ayina-ertelendi/
https://www.gazetefersude.com/gazeteci-necla-demirin-yargilandigi-dava-11-ekime-ertelendi-66313/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
9 July 2019 – Mehmet Ali Çelebi, an editor for the shuttered pro-Kurdish Özgürlükçü Demokrasi newspaper, was released after 15 months in pre-trial detention, Mezopotamya news agency reported.
The court overseeing the trial of Özgürlükçü Demokrasi staff members had convicted Çelebi of “aiding a terrorist group without being its member” and sentenced him to 3 years and 9 months in prison at the final hearing of the case on 28 June 2019. The court had also ruled for Çelebi’s release, but the journalist remained behind bars due to a previous conviction on the charge of “spreading propaganda for a terrorist group” in last year’s “Özgür Gündem solidarity trial.”
Link(s):
http://mezopotamyaajansi21.com/components/88122611/content/view/63096
http://gazetekarinca.com/2019/07/gazeteci-mehmet-ali-celebi-tahliye-edildi/ https://www.gazetefersude.com/gazeteci-mehmet-ali-celebi-tahliye-edildi-66160/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
9 July 2019 – The 35th High Criminal Court of Istanbul sentenced journalist Mehmet Gündem to over 6 years in prison on the grounds of “membership in a terrorist organization”, P24 reported.
Addressing the court in his final defense statement, Gündem said: “I have been a journalist for 25 years. I have been using the same phone number since 1995. I have met people from all segments of the society. Some of the names mentioned in the phone records are the people I worked with at Zaman newspaper.” He also denied that he did present a flight risk, requesting his release and acquittal. “I was on vacation when I found out about the arrest warrant against me. I immediately returned and turned myself in. Then I was released. When yet another warrant was issued, I was at home. It is clear that I do not pose a risk of flight.”
Issuing its verdict at the end of the hearing, the court convicted Gündem of “membership in a terrorist group” and sentenced him to 6 years, 10 months and 15 days in prison. The court also ruled to release Gündem pending the appeal process.
Link(s):
https://twitter.com/P24DavaTakip/status/1148498794096578561?s=20
http://www.milliyet.com.tr/gundem/mehmet-gundeme-feto-uyeliginden-6-yil-10-ay-hapis-cezasi-2902134
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
9 July 2019 – The third hearing in a lawsuit against journalist Çiğdem Toker, filed by the mining company Şenbay Inc., was held on 9 July 2019 at the Ankara 13th Civil Court of First Instance, online news website T24 reported.
The mining company is seeking a record TL 1.55 million in non-pecuniary damages over an article Toker penned for Cumhuriyet daily in October 2017.
The court agreed to look into the official records of the tender, which was the subject of Toker’s column, as requested by the lawyer representing the company Şenbay Inc. and adjourned the trial until 17 October 2019.
Link(s):
https://www.evrensel.net/haber/382700/gazeteci-cigdem-tokerin-durusmasi-ertelendi
https://www.gercekgundem.com/medya/104386/gazeteci-cigdem-tokerin-durusmasina-erteleme
Categories: Criminal Charges / Fines / Sentences
Source of violation: Corporation / Company
8 July 2019 – The Press Crimes Investigation Bureau of the Istanbul Chief Public Prosecutor’s Office has issued an indictment against Kars Co-mayor Ayhan Bilgen, Mezopotamya news agency reported. The prosecution sent the indictment to a criminal court in Istanbul, which is intended to be merged with the ongoing trial against the shuttered pro-Kurdish newspaper Özgür Gündem main trial. Former executives and members of the advisory board of the shuttered newspaper are face up to life imprisonment as part of the ongoing trial.
The indictment, dated 18 June 2019, accuses Bilgen of “disrupting the unity and integrity of the state,” “membership in a terrorist organization,” “disseminating propaganda for a terrorist organization,” “membership in an organization established for the purpose of committing crimes.” It also says that an investigation had been launched against Bilgen, who was also on Özgür Gündem’s editorial advisory board, as early as 2016. Bilgen’s file was eventually separated because he was a lawmaker at the time.
The 23rd High Criminal Court of Istanbul, which oversees the Özgür Gündem trial, is expected to decide on whether or not to merge Bİlgen’s file with the ongoing trial.
Link(s):
http://gazetekarinca.com/2019/07/ayhan-bilgene-ozgur-gundem-davasi/
https://www.evrensel.net/haber/382650/ayhan-bilgen-hakkinda-ozgur-gundem-davasi
https://www.demokrathaber.org/siyaset/hdp-li-ayhan-bilgen-e-ozgur-gundem-fezlekesi-h71435.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
8 July 2019 – Ferhat Parlak, a publisher based in Diyarbakır and reporter of the shuttered local newspaper Silvan Mücadele, appeared before a court for the first hearing of his trial on the charge of “membership in a terrorist group.”
The 11th Criminal Court of First Instance of Diyarbakır, which recently accepted the indictment against Parlak, ruled at the end of the hearing to release the journalist from pre-trial detention pending the conclusion of his trial, Mezopotamya news agency reported. The court imposed an international travel ban on Parlak. Parlak, who was jailed in April 2018, has been in detention on remand for 15 months.
News reports and footage from the case file where Parlak was previously convicted of “propaganda” were also included in the new case file. The prosecution seeks up to 15 years in prison for Parlak. The second hearing of the trial will be held on 6 November 2019.
Link(s):
http://mezopotamyaajansi21.com/tum-haberler/content/view/62604
https://m.bianet.org/english/human-rights/210232-journalist-ferhat-parlak-released
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
5 July 2019 – The Supreme Court of Appeals has overturned the 2018 verdict by a criminal court that sentenced journalists Ahmet Altan, Mehmet Altan, Nazlı Ilıcak and three of their co-defendants to aggravated life imprisonment on the charge of “attempting to overthrow the constitutional order.” The verdict will lead to a retrial in one of the most high-profile journalistic trials, according to a report published by the state-run news agency Anadolu late on 5 July 2019.
The 16th Criminal Chamber of the Supreme Court of Appeals ruled that Mehmet Altan should be acquitted, citing lack of sufficient and credible evidence. Mehmet Altan was freed from pre-trial detention in June 2018 by a decision of the appellate court based on a Constitutional Court judgment back in January 2018 and is the only defendant who has been released in the case so far.
As for Ahmet Altan and Nazlı Ilıcak, the court said they should face the lesser charge of “aiding a terrorist organization without being its member.”
The decision, as cited by Anadolu, said it could not be proven that the defendants had participated in the crime of “attempting to overthrow the constitutional order” as perpetrators.
However, the Supreme Court judges rejected requests for the release of Altan, Ilıcak and their three co-defendants in the case, who have all been in prison for about three years.
As for three other defendants in the case, the 16th Criminal Chamber of the Supreme Court of Appeals ruled that Fevzi Yazıcı, the former chief page designer of the shuttered daily Zaman, Yakup Şimşek, the newspaper’s marketing director, and former Police Academy lecturer and commentator Şükrü Tuğrul Özşengül should be charged with “membership in a terrorist organization,” which carries up to 15 years in jail, instead of “attempting to overthrow the constitutional order.”
The case is now expected to be sent back to the trial court, the 26th High Criminal Court of Istanbul, for retrial.
In January 2018, the Constitutional Court ruled that Mehmet Altan’s detention was in violation of his right to personal liberty and security and freedom of the press and freedom of expression. However, both the trial court and the next court of first instance refused to implement the top court’s judgment and release Altan.
In February 2018, the 26th High Criminal Court of Istanbul sentenced the Altans, Ilıcak and three of their co-defendants to aggravated life imprisonment for “attempting to overthrow the constitutional order” as per Article 309 of the Turkish Penal Code (TCK). The indictment claimed that the defendants “had prior knowledge of the coup attempt of July 2016,” which the government claims to have been carried out by the religious movement led by Fethullah Gülen.
On 27 June 2018, the appellate court that took up the case ruled that Mehmet Altan should be released on the basis of the Constitutional Court ruling.
In October 2018, the 2nd Criminal Chamber of the Istanbul Regional Court of Justice, the appellate court overseeing the case, rejected the appeals and ruled for the continuation of detention of all imprisoned defendants in the case.
On 3 May 2019, the Constitutional Court rejected the individual applications filed on behalf of Ahmet Altan and Nazlı Ilıcak. In its reasoned judgments issued on 26 June 2019, the Constitutional Court said “the assessments made by the investigation authorities and the decisions rendered by the courts that ruled for [the journalists’] detention could not be deemed as ‘arbitrary and baseless’.”
Link(s):
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
4 July 2019 – Journalist Cengiz Erdinç was given a 10-month prison sentence and fined an additional judicial fine of 16,000 Turkish Lira (around $3,000) over an article he penned for the Yurt newspaper, Reporters Without Borders reported. The 2nd Criminal Court of First Instance of Istanbul, which oversaw the trial, found Erdinç guilty of “damaging the reputation” of state bank Ziraat Bank in his article titled “Finansal kara delikler” (Financial black holes).
The court suspended the sentence on the grounds that Erdinç “has shown remorse,” which the columnist denied after the hearing. Erdinç’s lawyer Baran Kaya said he would appeal the verdict.
Link(s):
https://twitter.com/RSF_tr/status/1146711473089130496
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
4 July 2019 – Işıl Özgentürk, a columnist for Cumhuriyet daily, was given a prison sentence of 1 year and 6 months on the charge of “inciting hatred and animosity or degrading the public” by an Istanbul court, online news website Gazete Duvar reported. Özgentürk was on trial over an article she wrote for the newspaper on 13 January 2019, titled “Yeni kuşak türbanlılar” (New generation of hijab wearers).
Based on a previous deferred conviction against Özgentürk, the Istanbul 2nd Criminal Court of First Instance ruled against suspending or deferring the sentence and argued that “the defendant may not refrain from committing the same offense again.”
Link(s):
https://www.gazeteduvar.com.tr/gundem/2019/07/05/isil-ozgenturke-1-yil-6-ay-hapis-cezasi/
https://www.sozcu.com.tr/2019/gundem/isil-ozgenturkun-cezasi-belli-oldu-5214448/
https://www.aa.com.tr/tr/turkiye/isil-ozgenturke-basortululeri-asagilamaktan-hapis-cezasi/1523392
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
4 July 2019 – The trial of Ziya Ataman, a former reporter of the pro-Kurdish Dicle news agency (DİHA) and 18 other people resumed in the southeastern province of Şırnak, Mezopotamya news agency reported.
Ataman, who has been in detention on remand since 11 April 2016, addressed the Şırnak 1st High Criminal Court which oversees the trial from the prison in Van where he remains jailed.
Submitting their final opinion of the case during the hearing, the prosecution asked the court to convict all nine defendants who are still under pre-trial detention, including Ataman. The prosecution accused them of being guilty of “disrupting the unity and integrity of the state,” “attempting to intentionally kill with premeditation a civil servant because of the public service he performs,” “intentionally killing with premeditation a civil a servant because of the public service he performs,” “attempting to premeditated murder,” “intentionally damaging public property through the use of explosives” and two other charges. The prosecution asked the court to convict Ataman twice of “intentionally killing with premeditation a civil servant because of the public service he performs,” and 32 times of “attempting to intentionally kill with premeditation a civil servant because of the public service he performs.” Ataman has repeatedly denied being involved with the incident, with witnesses confirming his version of the facts.
Lawyers requested additional time for the preparation of the final defense statements in response to the prosecutor’s final opinion. The court told Atman, who asked to make his defense statement in Kurdish, to have his interpreter ready at the next hearing for his defense. Ruling to keep all jailed defendants behind bars, the court adjourned the trial until 24 September 2019.
Link(s):
http://gazetekarinca.com/2019/07/gazeteci-ziya-atamana-savunma-da-tahliye-de-yok-muebbet-isteniyor/
http://mezopotamyaajansi18.com/components/88122611/content/view/62553
http://www.etha1.com/Haberler/tutuklu-gazeteci-ataman-hakkinda-muebbet-hapis-istemi/9/14232
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
3 July 2019 – A trial where journalists Sibel Hürtaş and Hayri Demir are among 11 defendants charged with “inciting hatred and animosity” and “disseminating terrorism propaganda” over their social media posts about Turkey’s military operation on Syria’s Afrin resumed at the Ankara courthouse, P24 reported.
Announcing its interim ruling at the end of the hearing, the court rejected the requests to file for the annulment of TCK Article 301 and to lift the judicial control measures imposed on the defendants. The court set 3 December 2019 as the date for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1146339093258936320?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
3 July 2019 – The “Özgür Gündem main trial”, where the former editors, columnists and members of the editorial advisory board of the shuttered pro-Kurdish newspaper were accused of “disrupting the unity and integrity of the state” and “membership in a terrorist group”, resumed at the 23rd High Criminal Court of Istanbul, P24 reported.
The prosecutor, who was expected to submit his final opinion on the case at this hearing, requested more time because of the vast content of a new case file submitted against one of the former editors-in-chief of the paper, Eren Keskin. Granting additional time for the preparation of the final opinion, the court adjourned the trial until 28 November 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1146293811489988608?s=20
https://www.evrensel.net/haber/382355/ozgur-gundem-davasinda-savci-mutalaa-icin-sure-istedi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
2 July 2019 – Şirin Kabakçı, the former Konya bureau chief of the shuttered newspaper Zaman, appeared before the 35th High Criminal Court of Istanbul on for the sixth hearing of his trial on the charge of “membership in a terrorist group”, P24 reported.
In its interim ruling at the end of the hearing, the court ruled to start the procedures for taking the testimony of a witness who asked to benefit from effective remorse provisions, and adjourned the trial until 15 October 2019.
Link(s):
https://twitter.com/mlsaturkey/status/1146071914412220416?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
2 July 2019 – Jailed novelist and journalist Ahmet Altan’s trial stemming from an article he wrote in 2010 for the shuttered daily Taraf resumed on 2 July 2019 at the 2nd Criminal Court of First Instance of Istanbul Anatolian courthouse, reported Expression Interrupted outlet.
Altan, who has been in pre-trial detention in the Silivri Prison since September 2016, addressed the court via the judicial video-conferencing system during the hearing, P24 reported. “In a developed country, no writer would stand trial in a case similar to this one,” Altan told the court in his defense statement. He added: “In politics, there are no sacred figures. If you make a figure part of day-to-day politics, then you are acknowledging that this figure is not sacred and is open to debate.”
Altan was accused of “publicly insulting the memory of Atatürk” in his article titled “CHP,” which was a critical piece about the main opposition Republican People’s Party (CHP).
Addressing the court, Altan’s lawyer Çalıkuşu said that there was no intent of “insult” in the article and requested Altan’s acquittal. Nevertheless, the court decided to give Altan a suspended 1,5-year prison sentence.
Link(s):
https://twitter.com/ExInt24/status/1146063090552692742?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1566403308005-4e1c28f6-af75-3″ taxonomies=”35195″][/vc_column][/vc_row]