03 Sep 19 | Campaigns -- Featured, Statements, Turkey, Turkey Statements
Re: To Human Rights Council Member and Observer States of the United Nations Human Rights Council, to raise the ongoing crisis for freedom of expression in Turkey
Excellencies,
Ahead of the 42nd regular session of the UN Human Rights Council (HRC), we, the undersigned human rights and journalists’ organisations, call on your delegation to speak out and address the Turkish government’s repressive campaign against freedom of expression. The Council must not continue to ignore such a blatant violation of Turkey’s international human rights law obligations and commitments.
The situation for freedom of expression in Turkey is now critical, as outlined in a joint submission on freedom of expression to the UPR of Turkey by civil society.(1) The right to hold and express dissenting opinions and to access information has been systematically undermined by the Turkish government in an intensive crackdown on journalists and independent media, academics, civil society, oppositional voices and the judiciary. Since 2016, the human rights situation in Turkey has steeply declined, facilitated by the misuse of sweeping emergency powers and the concentration of executive power. At the time of writing, at least 138 journalists and media workers are imprisoned, with hundreds more currently on trial facing lengthy sentences on manifestly unfounded terrorism charges. At least 170 media outlets have been closed down over claims they spread “terrorist propaganda”. Access to thousands of websites and platforms has been blocked after a government decree authorising removals and blockages of websites without judicial oversight.
This catalogue of human rights violations (see Appendix) is an affront not only to the Turkish Constitution and international obligations, but also flies in the face of the standards this Council has adopted, in particular on the Safety of Journalists (HRC Res 39/6) and on the Internet and Human Rights (HRC Res 38/7).
In a follow-up report to the HRC in June 2019, the Special Rapporteur on freedom of expression informed the Council that there had been a “lack of effective efforts by the State to implement the recommendations made” following his November 2016 country visit. In several areas, he found that the government was taking action “directly contrary” to the recommendations made.(2) Ahead of Turkey’s upcoming Universal Periodic Review,(3) the time to put the government on notice that it must change course, or face an intensification in international scrutiny is now.
All Member and Observer States committed to media freedom, democracy and the rule of law, must speak out during the Council’s 42nd Session.(4)
Yours Sincerely,
ARTICLE 19
P24: Platform for Independent Journalism
International Press Institute
IFEX
PEN International
German PEN
Swedish PEN
Danish PEN
English PEN
Norwegian PEN
International Federation of Journalists
European Federation of Journalists
Index on Censorship
European Centre for Press and Media Freedom
Cartoonists Rights Network International
Global Editors Network
Articolo 21
Vienna South East Europe Media Organisation
APPENDIX
Background
In July 2016, a state of emergency was imposed in Turkey after a failed coup attempt, which was followed by mass arrests and mass dismissals of judges, prosecutors and civil servants perceived to be in opposition to the government. Many of those arrested are reported to have been subject to torture and ill-treatment in detention and have faced politicised trials falling well below fair trial standards. Since then, President Erdoğan’s government has sought to tighten its grip, shutting down media outlets and imprisoning journalists on an alarming scale. Although the state of emergency was formally lifted in July 2018, legal amendments have effectively entrenched the broad powers enabled during the state of emergency into the legal framework, reducing legislative and judicial oversight of the executive, to enable an increasingly authoritarian regime. Constitutional amendments following the 2017 referendum further increased the powers of the President, while other reforms have directly limited the independence of the judicial appointments body, the Council of Judges and Prosecutors, from the executive.
Challenges to the Erdoğan regime brought by Turkey’s 2019 local elections, with opposition parties winning mayoral seats in crucial cities such as Istanbul, Ankara and Izmir, brought hope of reform, but the regime’s repression of dissent has continued, most recently with new efforts to severely restrict access to online content on the country and the continued arrest and mistreatment of journalists.(5)
Crackdown on journalists and media
The arbitrary detention of hundreds of journalists, academics and human rights defenders is a matter of grave concern: in the last three years, Turkey has been the world’s most prolific jailor of journalists. In 2018 alone, 59 journalists were sentenced to a collective total of 419 years and 8 months in prison for “being a member of a terrorist organisation”, “managing a terrorist organisation” or “aiding a terrorist organisation”.(6) Trumped up terrorism charges are routinely used against journalists expressing critical or dissenting opinions, and result in lengthy prison terms. In February 2018, UN Special Rapporteur on the right to freedom of expression, David Kaye, and Representative on Media Freedom for the Organization for Security and Co-operation in Europe, Harlem Désir, expressed deep concern in relation to an “unprecedented assault on free speech” with regards to the life sentences imposed on journalists Ahmet Altan, Mehmet Altan, Nazlı Ilıcak and others. Defendants in this case were convicted for “attempting to overthrow the constitutional order” initially on the basis of “subliminal messages” allegedly sent on a TV channel the night before the 2016 attempted coup.(7)
Independent media has been all but wiped out. Under State of Emergency Decrees at least 170 media outlets including publishing houses, newspapers and magazines, news agencies, TV stations and radios were closed. Only 21 of these have been able to reopen, some of them only on the basis that they agree to major changes in their management boards.(8) Many independent outlets have been permanently silenced, through the liquidation and expropriation of all their assets.(9)
The recent acquittal of Erol Önderoğlu, Şebnem Korur Fincancı and Ahmet Nesin in the Özgür Gündem editors for a day case,(10) and the May 2019 Constitutional Court decision recognising the violation of the right to freedom of expression in individual applications of the Academics for Peace cases, have been positive.(11) However, these developments have been counterbalanced by the attacks against civil society in the ongoing trial against 16 leading civil society figures involved the Gezi Park case, which sees the continuation of two years’ pre-trial detention of Osman Kavala.
Rule of law
These arrests and trials are taking place in the context of the absolute collapse of the rule of law in the country, where there is no prospect of a fair trial for defendants. Turkey’s judicial independence has been severely damaged by increasing governmental pressure on the judiciary, with judges in fear of reprisals if they fail to rule in favour of the government in politically motivated trials.
Indictments have lacked credible evidence to justify prosecution, often containing factual inaccuracies and absurd claims. Prosecutors routinely fail to disclose evidence to defendants or their legal counsel, and evidence obtained through torture has been deemed admissible. The vast majority of cases have relied exclusively on individuals’ legitimate journalistic work, or human rights work, as evidence of membership or promotion of a terrorist organisation, or involvement in the coup attempt.
FOOTNOTES
1 Turkey will be considered at the 35th Session of the Working Group in January 2020, and therefore the 42nd Regular Session of the HRC is an important opportunity to demonstrate concern to Turkey over the situation for freedom of expression in the country. See: Joint submission to the Universal Periodic Review of Turkey by ARTICLE 19, P24, PEN International, English PEN, Reporters Sans Frontiers (RSF), International Press Institute (IPI), Freemuse, European Centre for Press and Media Freedom (ECPMF), IFEX and Norsk PEN, July 2019; Available at: https://www.article19.org/wp-content/uploads/2019/07/Turkey-UPR-submission_July2019.pdf
2 See, for example: ‘Follow-up on country visits – Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression’, A/HRC/41/35/Add.2; Available at: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/41/35/Add.2
3 Ibid., n.1.
4 In addition to General Debates under Items 2 and 4, States may also speak out during the Interactive Dialogue with the Working Group on Arbitrary Detention (Item 3).
5 ‘Turkey: New regulation and website blocks mark further assault on online freedoms’, ARTICLE 19, 08 August 2019; Available at: https://www.article19.org/resources/turkey-new-regulation-and-website-blocks-mark-further-assault-on- online-freedoms/ and ‘Turkey: Stop excessive use of force in peaceful protests’, ARTCILE 19, 20 August 2019; Available at: https://www.article19.org/resources/turkey-stop-excessive-use-of-force-in-peaceful-protests/
6 Media Monitoring Report 2018: One Year of the Journalist and the Media’, Bianet, 20 February 2019; Available at: http://bit.ly/2ZackBl.
7 ‘Turkey: Life sentences for journalists are “unprecedented assault on free speech”, say UN and OSCE experts’, OHCHR, 16 February 2018; Available at: https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22670&LangID=E
8 A detailed list of closed media outlets. See: ‘Journalists in Prison (Google Doc); Available at: http://bit.ly/2Zdn1CW.
9 In its March 2017 opinion, the Venice Commission questioned the lawfulness and necessity for these permanent liquidations, finding them to be incompatible with Article 10 of the European Convention on Human Rights. See: ‘Draft Opinion on the Measures Provided in the Recent Emergency Decree Laws with Respect to Freedom of the Media’ Venice Commission, 24 February 2017; Available at: http://bit.ly/2LEPfnd.
10 ‘OSCE Media Freedom Representative welcomes acquittal of Turkish journalists Erol Önderoğlu, Ahmet Nesin and human rights defender Şebnem Korur Fincancı’ 17 July 2019; Available at: https://www.osce.org/representative-on- freedom-of-media/425855
11 Constitutional Court: Freedom of Expression of Academics for Peace Violated, 26 July 2019. Available at: http://bianet.org/english/law/210934-constitutional-court-freedom-of-expression-of-academics-for-peace-violated
21 Aug 19 | Turkey, Turkey Incident Reports
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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.
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UPDATE: Trial of journalist Atakan Sönmez adjourned until November
Atakan Sönmez
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
Journalist Adnan Bilen stands trial for “insulting the president”
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
https://gazetekarinca.com/2019/07/paylasimlarimin-arkasindayim-diyen-gazeteci-bilenin-durusmasi-ertelendi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Retrial of Altans and Ilıcak case set to start in October
Ahmet Altan, Mehmet Altan and Nazli Ilcak
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
UPDATE: Jailed journalist Harun Çümen given 7.5-years prison sentence
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
Musa Kart
UPDATE: Supreme Court prosecutor requests quashing of verdict in Cumhuriyet trial
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):
https://t24.com.tr/haber/yargitay-dan-cumhuriyet-in-eski-yonetici-ve-yazarlarina-beraat-talebi,831166
https://bianet.org/bianet/insan-haklari/210611-yargitay-iki-kisi-disinda-cumhuriyetcilerin-beraatini-istedi
https://www.cnnturk.com/turkiye/cumhuriyet-gazetesi-davasinda-yargitay-bassavciligi-dosyayi-tamamladi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Journalist Kibriye Evren ordered to remain behind bars
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
UPDATE: Can Dündar’s hearing on solidarity with Özgür Gündem adjourned
Can Dundar
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
UPDATE: Rights defenders acquitted in “Özgür Gündem solidarity trial”
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
https://www.aljazeera.com/news/2019/07/rsf-turkey-representative-acquitted-terror-charges-190717102827047.html
https://t24.com.tr/haber/erol-onderoglu-sebnem-korur-fidanci-ve-ahmet-nesin-ozgur-gundem-davasinda-beraat-etti,831019
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Eren Keskin’s file separated in Özgür Gündem case, trial adjourned
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/
https://bianet.org/bianet/ifade-ozgurlugu/210568-huseyin-aykol-reyhan-capan-ve-hasan-basak-a-ceza-talebi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Necla Demir faces new criminal investigation over anonymous tip
Necla Demir
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
UPDATE: Journalist Deniz Yücel’s trial adjourned until October
Deniz Yücel’s lawyer, Veysel Ok, tweeted a picture of Yücel and his wife, Dilek Mayatürk, hugging in front of Istanbul’s Silivri prison. (Photo: Veysel Ok / Twitter)
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
http://www.cumhuriyet.com.tr/haber/turkiye/1490128/Deniz_Yucel_davasinin_4._durusmasi__istinabe_evraki_bekleniyor.html
https://gazetekarinca.com/2019/07/aym-hak-ihlali-karari-vermisti-deniz-yucelin-durusmasi-ertelendi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Sendika.org editor Demirhan given jail term for “insulting the president”
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
http://sendika63.org/2019/07/erdogana-hakaretten-11-ay-20-gun-hapis-cezasi-alan-demirhan-yazdiklarim-hakaret-degil-sorumlulugumun-geregidir-555007/
https://www.gazetefersude.com/gazeteci-ali-ergin-demirhana-erdogana-hakaret-suclamasiyla-hapis-cezasi-66919/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Ahmet Kanbal briefly detained
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
https://www.medyakoridoru.com/sosyal-medya-paylasimlari-nedeniyle-ters-kelepce-takilarak-gozaltina-alinmisti-gazeteci-ahmet-kanbal-serbest-birakildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Ban on access to news story violates press freedom, top court rules
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://www.anayasa.gov.tr/tr/haberler/bireysel-basvuru-basin-duyurulari/habere-erisimin-engellenmesi-nedeniyle-ifade-ve-basin-ozgurlugunun-ihlal-edilmesi/
https://t24.com.tr/haber/aym-habere-erisim-engeli-karari-ifade-ve-basin-ozgurlugu-ihlalidir,830276
https://www.birgun.net/haber/aym-den-birgun-karari-habere-erisim-engeli-karari-ifade-ve-basin-ozgurlugu-ihlali-261534
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Journalist Baransu to remain behind bars
Mehmet Baransu
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
https://medyascope.tv/2019/07/12/taraf-gazetesi-davasi-baransuya-savunmasini-tamamlamasi-icin-sure-verildi-bir-sonraki-durusma-27-28-29-agustosta/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Hüseyin Aykol sent to prison
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
UPDATE: Former Gazete Karınca publisher’s trial adjourned until October
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
UPDATE: Journalist Mehmet Ali Çelebi released from prison
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
UPDATE: Journalist Mehmet Gündem sentenced to 6+ years of jail
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
https://www.ntv.com.tr/turkiye/gazeteci-mehmet-gundeme-fetoden6-yil-10-ay-15-gun-hapis,myZwjAqaEU-HQSD1UbABCw
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
UPDATE: Compensation case against Çiğdem Toker adjourned
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://t24.com.tr/haber/gazeteci-cigdem-toker-e-acilan-1-5-milyon-liralik-tazminat-davasi-ertelendi,829781
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
Kars Co-mayor Ayhan Bilgen faces Özgür Gündem indictment
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
UPDATE: Journalist Parlak released after 15 months in pre-trial detention
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
http://gazetekarinca.com/2019/07/15-aydir-tutukluydu-gazeteci-ferhat-parlak-ilk-durusmada-tahliye-edildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Appeals court overturned “coup” convictions in Altan’s case
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):
https://t24.com.tr/haber/yargitay-dan-altan-kardesler-ve-ilicak-davasindaki-cezalar-icin-bozma-karari,829287
https://www.gazeteduvar.com.tr/gundem/2019/07/05/yargitay-nazli-ilicak-ve-altan-kardeslere-verilen-cezalari-bozdu/
https://www.evrensel.net/haber/382504/yargitay-altan-kardesler-ve-ilicaka-verilen-muebbet-hapis-cezasini-bozdu
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Cengiz Erdinç given 10-month prison sentence
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://boldmedya.com/2019/07/04/gazeteciden-pisman-deyip-cezayi-erteleyen-mahkemeye-pismanlik-falan-yok/
https://twitter.com/RSF_tr/status/1146711473089130496
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Columnist Işıl Özgentürk convicted of “inciting hatred”
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
UPDATE: Prosecutor seeks life imprisonment for jailed journalist Ziya Ataman
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
UPDATE: Trial of journalists Hürtaş and Demir adjourned until December
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
https://www.evrensel.net/haber/382362/gazeteci-sibel-hurtas-ve-hayri-demirin-durusmasi-aralik-ayina-ertelendi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Özgür Gündem main trial adjourned until November
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://t24.com.tr/haber/asli-erdogan-ve-necmiye-alpay-in-yargilandigi-ozgur-gundem-davasi-ertelendi,828854
https://www.evrensel.net/haber/382355/ozgur-gundem-davasinda-savci-mutalaa-icin-sure-istedi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Former Zaman journalist Şirin Kabakçı’s trial adjourned until October
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
UPDATE: Ahmet Altan given prison term over 2010 article
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]
04 Jul 19 | Turkey, Turkey Incident Reports
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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”30 Incidents” use_theme_fonts=”yes”][vc_column_text]
Five newspaper staff convicted in Özgürlükçü Demokrasi trial
28 June 2019 – The final hearing in the trial of 14 staff members of the shuttered newspaper Özgürlükçü Demokrasi on terrorism-related charges took place at the 23rd High Criminal Court of Istanbul, P24 reported.
The newspaper’s editors Mehmet Ali Çelebi and Reyhan Hacıoğlu and publisher İhsan Yaşar have been in pre-trial detention as part of the case since April 2018. All 14 defendants in the case were accused of “membership in a terrorist group,” “publishing statements by terrorist groups” and “disseminating propaganda for a terrorist group.” The pro-Kurdish newspaper Özgürlükçü Demokrasi was founded from the ashes of Özgür Gündem, which was closed on August 2016 by a state of emergency decree. But Özgürlükçü Demokrasi’s headquarters was raided by the police in March 2017 and the newspaper was also closed down shortly thereafter by decree.
At the end of the hearing, the court convicted journalists Hicran Urun, Reyhan Hacıoğlu and İshak Yasul of “aiding a terrorist organization without being its member” and gave each a prison term of 3 years, 1 month and 15 days. Yasul was also given an additional sentence of 1 year, 6 months and 22 days on the charge of “propaganda.” Mehmet Ali Çelebi was also convicted of “aiding a terrorist organization without being its member” and given a prison sentence of 3 years and 9 months.
The court ruled to release Hacıoğlu, Çelebi and Yaşar pending the appeal process in view of the jail time they spent in pre-trial detention. However, Çelebi was not expected to be released immediately because of a previous conviction in another case.
Link(s):
https://twitter.com/P24DavaTakip/status/1144570016664301568
https://www.evrensel.net/haber/382078/ozgurlukcu-demokrasi-gazetesi-davasinda-14-yil-ceza
https://t24.com.tr/haber/ozgurlukcu-demokrasi-gazetesi-davasinda-5-kisiye-14-yil-ceza,828162
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Sendika.Org editor Ali Ergin Demirhan briefly detained
28 June 2019 – Sendika.Org editor Ali Ergin Demirhan was taken into custody in Istanbul during a security check by the police, the journalist said via his Twitter account. Demirhan was taken to the Aksaray Police Station. The grounds for his arrest was an ongoing investigation on the allegation that Demirhan “insulted the president” on social media. Demirhan was released after giving his statement at the Istanbul Courthouse.
Link(s):
http://sendika63.org/2019/06/sendika-org-editoru-ali-ergin-demirhan-serbest-birakildi-3-552999/
https://t24.com.tr/haber/sendika-org-editoru-ali-ergin-demirhan-serbest-birakildi,828273
https://gazetekarinca.com/2019/06/gazeteci-ali-ergin-demirhan-serbest-birakildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Haydar Ergül’s trial adjourned until December
28 June 2019 – The trial of Haydar Ergül, the editor of the periodical Demokratik Modernite, and 18 others on the charge of “membership in a terrorist group” resumed at the 22nd High Criminal Court of Istanbul, P24 reported. This was the ninth hearing in the case. The court ruled to release detained defendants Eşref Yaşar, Ayşegül Turhan, Mustafa Elma, Münevver İlingi and Aysel Diler and adjourned the trial until 26 December 2019.
Link(s):
https://medyavehukuk.org/tr/haydar-ergulun-de-yargilandigi-davada-5-tutuklu-saniga-tahliye
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Constitutional Court rules for rights violation in Deniz Yücel’s application
28 June 2019 – The Constitutional Court issued its judgment concerning the application on behalf of journalist Deniz Yücel, the former Turkey correspondent of the German newspaper Die Welt, who remained in pre-trial detention in Turkey for a year before being released by the trial court’s decision in February 2018.
In its judgment, dated 28 May 2019 and made public on 28 June 2019 on the court’s official website, the court’s Second Section ruled that Yücel’s pre-trial detention violated his rights to personal liberty and security, enshrined in Article 19 of the Constitution, and the rights to freedom of expression and freedom of the press, enshrined in Articles 26 and 28.
Link(s):
https://medyascope.tv/2019/06/28/anayasa-mahkemesinden-deniz-yucel-karari-ifade-ve-basin-ozgurlugu-ozgurluk-ve-guvenlik-hakki-ihlal-edildi/
https://www.ntv.com.tr/turkiye/aymden-deniz-yucel-karari,A8Ilp95lxUiVlErRyXKAJw
http://gazetekarinca.com/2019/06/aymden-gazeteci-deniz-yucel-icin-hak-ihlali-karari/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Turkish Constitutional Court issues judgments in Ahmet Altan case and 13 others
26 June 2019 – The Constitutional Court’s Plenary has issued the judgments concerning its 3 May 2019 decisions, in which it rejected the individual applications filed on behalf of jailed journalists Ahmet Altan, Nazlı Ilıcak and former Cumhuriyet staff members including Murat Sabuncu and Ahmet Şık.
All nine applications, filed in 2016 and 2017, asserted that the applicants’ arrests violated their rights to liberty and security and freedom of expression and freedom of the press.
The top court’s judgments were published on 26 June 2019 on the court’s official website. The judgments concerning the rejected applications said, in a nutshell, that “the assessments made by the investigation authorities and the decisions rendered by the courts that ruled for [the journalists’] arrests could not be deemed as ‘arbitrary and baseless’.”
In Ahmet Altan’s application, the President of the Constitutional Court Zühtü Arslan, Vice President Engin Yıldırım and three other justices disagreed with the majority opinion. All five judges were of the opinion that Altan’s arrest violated his rights to liberty and security and freedom of expression and freedom of the press.
At the end of two days of deliberations on 2 and 3 May, the Constitutional Court’s Plenary had rejected the applications of Ahmet Altan, Nazlı Ilıcak, who is Altan’s co-defendant in the “coup” case, Akın Atalay, Murat Sabuncu, Ahmet Şık and six former Cumhuriyet Foundation executives, including Önder Çelik and Musa Kart. The judgments issued on 26 June revealed that the Plenary had ruled that Ahmet Şık’s application was “inadmissible.”
The top court had found rights violations in the files of journalists Kadri Gürsel, Murat Aksoy and Ali Bulaç.
Link(s):
https://t24.com.tr/haber/aym-nin-9-gazeteci-hakkindaki-gerekceli-kararinda-sosyal-medya-paylasimlari-da-suc-sayildi,827859
https://www.evrensel.net/haber/381956/aymnin-gazetecilerle-ilgili-ihlal-kararlarinin-gerekceleri-belli-oldu
https://www.gazeteduvar.com.tr/gundem/2019/06/26/aym-tutuklu-gazeteciler-icin-ret-gerekcesini-acikladi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Prosecutor seeks up to 15 years of jail for Jin News reporter
26 June 2019 – The second hearing in a trial where journalist Gazeteci Beritan Canözer is accused of “membership in a terrorist group” took place at the 9th High Criminal Court of Diyarbakır, Mezopotamya Agency reported.
Canözer and her lawyer Resul Tamur were in attendance in the courtroom. Statements by witnesses who testified against Canözer were first read out during the hearing. Addressing the court afterwards, Canözer rejected the accusations in the witness testimonies and told the court that she was a journalist and was only doing her job.
The prosecution then went on to submit their final opinion of the case, seeking up to 15 years in prison for Canözer on the charge of “membership in a terrorist group” based on testimony by four witnesses.
Accepting Canözer’s request for additional time to prepare her defense statement in response to the prosecutor’s final opinion, the court adjourned the trial until October.
Link(s):
http://mezopotamyaajansi21.com/tum-haberler/content/view/61757?page=2
https://www.evrensel.net/haber/381908/gazeteci-beritan-canozerin-7-5-yildan-15-yila-kadar-hapsi-isteniyor
https://www.gazeteduvar.com.tr/gundem/2019/06/26/beritan-canozere-15-yila-kadar-ceza-istendi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Ahmet Altan’s trial over 2009 column adjourned until September
25 June 2019 – The third hearing in a trial where jailed novelist and journalist Ahmet Altan is accused over a column he penned in 2009 in the now-defunct Taraf daily took place at the 2nd Criminal Court of First Instance of Istanbul’s Anatolian Courthouse, P24 reported.
Altan is accused of “attempting to influence a fair trial” and “violating the confidentiality of an investigation” in the case, filed upon a complaint by former Sakarya Chief of Police Faruk Ünsal.
Addressed the court from the Silivri Prison where he remains jailed since September 2016, Altan requested to be acquitted. In its interim ruling, the court decided to ask the 1st Civil Court of First Instance of Ankara, which initially dismissed the compensation case, for the original case file, and adjourned the trial until 5 September 2019.
Link(s):
https://twitter.com/ExInt24/status/1143469315854929920
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist and union activist Boltan faces “insulting the president” charge
21 June 2019 – The Diyarbakır Chief Public Prosecutor’s Office has pressed charges against Hakkı Boltan, the spokesperson of the Free Journalists Initiative (ÖGİ),online news website Gazete Karınca reported. Boltan faces trial on charges of “insulting the president” and “insulting a public official.”
The indictment accuses Boltan for his remarks in a public statement he delivered in Kurdish concerning Azadiya Welat newspaper’s former managing editor Rohat Aktaş, who was murdered in the basement of a building in Cizre in 2016. Boltan faces a combined prison term of up to 6 years on both charges.
The first hearing of Boltan’s trial will take place on 14 November 2019 at 12th Criminal Court of First Instance of Diyarbakır.
Link(s):
http://gazetekarinca.com/2019/06/ozgur-gazeteciler-inisiyatifi-sozcusune-cumhurbaskanina-hakaret-davasi/
https://www.jiyanhaber.net/ozgur-gazeteciler-inisiyatifi-sozcusu-hakki-boltan-hakkinda-dava-acildi/
http://www.dusun-think.net/haberler/ozgur-gazeteciler-inisiyatifi-sozcusune-erdogana-hakaret-davasi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Prosecutor seeks jail term for Yeni Yaşam managing director
20 June 2019 – Journalist Osman Akın, the responsible managing editor of the pro-Kurdish Yeni Yaşam newspaper, appeared in an Istanbul court for the first hearing of his trial on the charge of “successively disseminating terrorist propaganda.” Yeni Yaşam was launched a few months after Özgürlükçü Demokrasi was raided by the police in March 2018 and officially closed down by decree a few weeks later.
Akın is accused over the newspaper’s coverage of the recent hunger strikes in prisons, P24 reported. He attended the hearing at the 28th High Criminal Court of Istanbul with his lawyer Özcan Kılıç. Addressing the court for his defense statement, Akın denied the allegations and requested to be acquitted.
The prosecutor requested Akın to be sentenced for “systematically disseminating propaganda” based on two news reports. Granting the defense more time to prepare their statements, the court adjourned the trial until 22 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1141671477080657920
https://gazetekarinca.com/2019/06/yeni-yasamin-yazi-isleri-mudurune-ilk-durusmada-ceza-talebi/
http://yeniyasamgazetesi1.com/yazi-isleri-mudurumuze-ilk-durusmada-ceza-talebi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Canan Coşkun acquitted in “insult” case
20 June 2019 – Journalist Canan Coşkun appeared before the 40th Criminal Court of First Instance of Istanbul in the second hearing of her trial on the charge of “insulting the president,” P24 reported.
Coşkun, a former reporter with the Cumhuriyet daily, was on trial for a news story dated 27 November 2015, titled “Erdoğan buyurdu, gazetecilik tutuklandı” (Erdoğan ordered, journalism got arrested), in which she reported about the arrests of Cumhuriyet’s former Editor-in-Chief Can Dündar and Ankara representative Erdem Gül.
Coşkun’s lawyer Abbas Yalçın stressed that the case was filed more than two years after the news story was published and requested her acquittal.
Issuing its verdict at the end of the hearing, the court ruled for Coşkun’s acquittal.
Link(s):
https://twitter.com/P24DavaTakip/status/1019619106704764929
https://bianet.org/bianet/ifade-ozgurlugu/209557-cumhurbaskanina-hakaret-ten-yargilanan-gazeteci-canan-coskun-beraat-etti
https://gazetekarinca.com/2019/06/gazeteci-coskun-cumhurbaskanina-hakaretten-beraat-etti/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Detained ETHA employees released
19 June 2019 – Five employees of the Etkin news agency (ETHA), who were taken into custody on 15 June as part of an investigation into a supplement issued by the weekly newspaper Atılım, have been released under judicial control measures, Mezopotamya Agency reported.
The five ETHA employees were among a group of 14 people that also included administrators from the Socialist Party of the Oppressed (ESP), who were arrested as part of the investigation. All 14, who were taken into custody on the allegation of “inciting the public to hatred and animosity,” were brought to the Istanbul Courthouse on 19 June 2019 to give their statements to a prosecutor.
The prosecutor referred all 14 to a Criminal Judgeship of Peace after the completion of their testimonies.
The judgeship ruled to release İsminaz Temel, Havva Cuştan, Serdal Işık, Deniz Bakır, Ozancan Sarı, Gülçin Aykul and Mehmet Acettin, but imposed travel bans on all seven. Şahin Tümüklü, Ezgi Bahçeci, İlknur Çetin, Özge Doğan, Zeynep Güler Gerçek, Yaren Tuncer and Hüseyin İldan will have to report to the nearest police station once every 15 days in addition to being banned from traveling abroad.
Link(s):
http://mezopotamyaajansi21.com/tum-haberler/content/view/61113?page=1
https://ilerihaber.org/icerik/etha-baskininda-gozaltina-alinanlar-serbest-99506.html
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
Lawsuit against Ahmet Altan launched upon the complaint of late president adjourned
19 June 2019 – A lawsuit against imprisoned novelist and journalist Ahmet Altan resumed at the 10th Criminal Court of First Instance of Istanbul’s Anatolian Courthouse, P24 reported.
Filed upon the complaint of the late former President Süleyman Demirel, the lawsuit seeks the punishment of Altan for “not publishing a correction and refutation” over a 2010 article in shuttered Taraf newspaper titled “Ölüm babanın emri” (Death is the father’s command). Demirel was nicknamed “father,” especially by his supporters, during his political career.
The court determined that some heirs of the accuser, Süleyman Demirel, were not notified about the case. Altan and his lawyer told the court that they would not make any statements at this point. The court decided to inform Demirel’s heirs before proceeding and adjourned the trial until 30 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1141316078582321152
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
“Taraf MGK report trial” adjourned until September
19 June 2019 – The trial of Mehmet Baransu, the former reporter of shuttered Taraf newspaper and the paper’s former responsible managing editor Murat Şevki Çoban resumed, P24 reported.
Baransu and Çoban stand accused of “acquiring documents related to the security of the state,” “exposing documents related to the security of the state” and “exposing documents of the National Intelligence Agency (MİT)” over a news report published in November 2013, titled “Gülen’i bitirme kararı 2004’te MGK’da alındı” (Decision to finish off Gülen was taken by National Security Committee in 2004). Both face possible prison terms of 25 to 52 years.
Baransu, who has been jailed pending trial for over three years, was brought from Silivri prison to attend the 19th hearing of the case overseen by the 10th High Criminal Court of Istanbul’s Anatolian Courthouse. He told the court that he was tried and acquitted on the same charge before and he requested the case to be rejected. He also argued that a recent ruling by the Supreme Court of Appeals, which dismissed a case against journalist Erdem Gül due to the expiry of the statute of limitations for pressing charges should create a precedent for the present case.
The court decided to send the case file to the prosecution for the preparation of the final opinion and adjourned the trial until 24 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1141256027872120832
https://www.dha.com.tr/istanbul/baransunun-mgk-belgelerini-ifsa-etme-davasi/haber-1665622
https://www.memurlar.net/haber/836865/baransu-nun-devletin-gizli-belgelerini-ifsa-etme-davasinda-mutalaa-istendi.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Harun Çümen remains behind bars in 3rd hearing
19 June 2019 – The third hearing in the trial of jailed journalist Harun Çümen, the former responsible managing editor of shuttered Zaman newspaper, took place at the 32nd High Criminal Court of Istanbul, P24 reported.
Çümen is one of four defendants in the case and he is charged with “membership in a terrorist group.” Two of Çümen’s co-defendants were in attendance in the courtroom while Çümen addressed the court from the Balıkesir Prison, where he has been imprisoned for more than a year.
The presiding judge asked Çümen about the digital forensics report, which claimed that messaging concerning a plan to flee the country were found on Çümen’s phone.
Çümen rejected the allegation in the report and asked to be released pending trial.
The prosecutor requested the continuation of Çümen’s detention on remand. In its interim ruling, the court ordered the continuation of Çümen’s pre-trial detention and adjourned the trial until 18 July 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1141318981258813441
https://twitter.com/Cetele_tr/status/1141334776705626112
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Trial of journalists arrested in Özgür Gündem raid adjourned
19 June 2019 – The trial of 22 journalists beaten and arrested during a 2016 police raid on the offices of the Özgür Gündem newspaper on the charges of “insult” and “resisting a public officer” resumed at Istanbul 5th Criminal Court of First Instance, P24 reported.
Özcan Kılıç, the lawyer representing a number of defendants, requested the return of the materials confiscated by the Beyoğlu District Police Department during the raid. Kılıç said: “During the raid both İMC TV was on air and the police camera was recording. Police have the İMC TV footage. We request you to examine that footage before you render a decision.”
Announcing its interim decision at the end of the hearing, the court ruled to inquire the Beyoğlu District Police Department about and request an urgent response concerning where the confiscated materials are currently located. DDeciding to wait for the execution of the arrest warrants issued for defendants Amine Demirkıran, Günay Aksoy, Bayram Balcı and Ersin Çaksu, the court adjourned the trial until 5 November 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1141234398278410241
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Prosecutor seeks conviction for journalist Atakan Sönmez
18 June 2019 – Atakan Sönmez, the former news director of the online edition of Cumhuriyet newspaper, appeared before the 13th High Criminal Court of Istanbul for the third hearing of his trial on the charge of “disseminating propaganda for a terrorist organization.”
Sönmez is accused because of Cumhuriyet website’s coverage of Turkey’s 2018 military operation on Syria’s Afrin, P24 reported. He attended the hearing alongside his lawyer Buket Yazıcı.
In their final opinion of the case, which they had submitted in between courtroom hearings, the prosecution requested conviction for Sönmez on the charge of “successively disseminating terrorist propaganda.”
Sönmez’s lawyer Yazıcı said that they had just obtained the final opinion on the day of the hearing and he requested additional time for the preparation of the final defense statement. Accepting the request, the court adjourned the trial until 19 July 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1140881948937785344
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Ozan Kaplanoğlu released on probation
15 June 2019 – Ozan Kaplanoğlu, the editor of the online news outlet Bursamuhalif.com, who was sent to prison late May, was released on probation, Mezopotamya Agency reported.
Kaplanoğlu was imprisoned after an appellate court upheld the journalist’s conviction for “insulting the president”. He was sent to prison on 31 May to serve the remainder of the 11-month prison sentence given by the trial court. Kaplanoğlu had remained in pre-trial detention for three months in 2017 as part of the case.
Link(s):
http://mezopotamyaajansi21.com/tum-haberler/content/view/60729?page=6
https://gazetekarinca.com/2019/06/gazeteci-ozan-kaplanoglu-tahliye-edildi/
https://twitter.com/dokuz8haber/status/1139922334222041090
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Court lifts travel ban on Adil Demirci
15 June 2019 – The international travel ban on Turkish-German journalist Adil Demirci has been lifted, Deutsche Welle reported.
Demirci, a Germany-based reporter and translator for the Etkin news agency (ETHA), is one of the defendants in an ongoing trial on terrorism-related charges that is overseen by an Istanbul court. He remained in pre-trial detention for 10 months as part of the trial before being released in February under a travel ban.
Link(s):
http://gazetekarinca.com/2019/06/gazeteci-demircinin-yurt-disi-yasagi-kaldirildi/
https://www.dw.com/tr/adil-demircinin-yurt-d%C4%B1%C5%9F%C4%B1-yasa%C4%9F%C4%B1-kald%C4%B1r%C4%B1ld%C4%B1/a-49218483
https://www.spiegel.de/politik/ausland/adil-demirci-darf-offenbar-die-tuerkei-verlassen-a-1272830.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
ETHA offices raided by police, 7 taken into custody
15 June 2019 – Police raided the Istanbul office of the Etkin news agency (ETHA) on the grounds of a court decision ordering that “İstanbul Sokakta” (Istanbul on the streets), a recent supplement issued by the weekly newspaper Atılım, be pulled off newsstands. Five ETHA employees and two others were taken into custody during the raid.
The technical work concerning the supplement, published on the occasion of the upcoming 23 June rerun of the Istanbul mayoral election, was carried out at the ETHA office. The grounds for the publication to be pulled off newsstands is that it allegedly includes expressions that “insulted the president” and could “incite public unrest.”
The police confiscated the mobile phones of ETHA editors and reporters during the search, which lasted for over four hours. At the end of the search, police confiscated all memory cards and sim cards, the agency’s server, 11 computers, three hard drives, seven notebooks, five cameras and six mobile phones for forensic examination. Police also examined all books in the agency’s library. Access to the agency’s website http://etha10.com was also banned during the raid.
ETHA was unable to dispatch reports for hours on Saturday because all of the agency’s digital equipment was confiscated by police.
Police then took ETHA employees İsminaz Temel, Serdal Işık, Havva Cuştan, Mehmet Acettin and Ozancan Sarı into custody. Deniz Bakır, an advisor to the central executive committee of the Socialist Party of the Oppressed (ESP), and Gülçin Aykul, an employee of the Ceylan Publications, who were both visiting the ETHA office as guests, were also detained. All seven were taken to the Istanbul Police Department. The grounds for their detention were not disclosed. Reports said a confidentiality order was in place concerning the investigation.
All seven are expected to appear before a public prosecutor on 19 June following a four-day custody period.
Link(s):
https://www.artigercek.com/haberler/etha-ya-polis-baskini-calisanlarimiza-ulasamiyoruz
https://bianet.org/bianet/medya/209393-etkin-haber-ajansi-na-polis-baskini-yedi-kisi-gozaltina-alindi
https://www.gazeteduvar.com.tr/gundem/2019/06/15/ethaya-polis-baskini/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
Sözcü trial adjourned until September
14 June 2019 – The trial of nine employees of the Sözcü newspaper on the charge of “knowingly and willingly aiding an armed terrorist organization without being its member” resumed at the 37th High Criminal Court of Istanbul, P24 reported.
defendants Gökmen Ulu, Mediha Olgun, Yonca Yücekaleli, Metin Yılmaz, Mustafa Çetin, Necati Doğru, Yücel Arı and defense lawyers were in attendance at the 8th hearing of the case. Veteran columnist Emin Çölaşan addressed the court from Ankara via the courtroom video-conferencing system.
Yücekaleli and Çetin requested additional time for their final defense statements in response to the prosecutor’s final opinion, submitted before the previous courtroom hearing. The rest of the defendants made their final defense statements, rejecting the accusations and requesting to be acquitted.
Lawyers representing the defendants also requested a continuance for the final defense statements. In its interim ruling, the court granted additional time and adjourned the trial until 4 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1139428881738457088
http://www.cumhuriyet.com.tr/haber/turkiye/1438554/Sozcu_Gazetesi_davasi_ertelendi.html
https://www.ntv.com.tr/turkiye/sozcu-gazetesi-davasi-4-eylule-ertelendi,G9cnPZQreUCOfV5QheKeGw
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Trial into murder of Armenian-Turkish journalist Hrant Dink resumes
13 June 2019 – The trial of intelligence officers, gendarmerie and law enforcement officials allegedly involved in the murder of Hrant Dink, the founder and editor-in-chief of the Armenian-Turkish bilingual weekly Agos, resumed on 11 June at the 14th High Criminal Court of Istanbul.
Dink was assassinated on 19 January 2007 outside the Agos weekly’s offices in Istanbul. Seventeen-year-old Ogün Samast had fired three shots at Dink’s head from the back at point blank range.
The case into Dink’s murder has been ongoing since 2007 with many turns and twists. Five witnesses, including former Istanbul Governor and Interior Minister Muammer Güler, testified during the three-day hearing – the 93rd since the start of the trial.
Güler, one of the key names in the investigation who appeared before the court for the first time during the entire trial on 12 June, denied having received any request from intelligence units to grant Dink protection. He said that the Istanbul Police Department was investigating the topic and only one intelligence report out of 20 composed by the Trabzon Police about a plot to murder Dink was sent to the Istanbul Police.
Speaking on his meeting with dink that took place on 24 February 2004 at the Istanbul Governorship, Güler said it had no relation with the murder.
The court decided to send camera footage outside the Agos newspaper office on the murder day to the Scientific and Technological Research Council of Turkey (TÜBİTAK), for the footage to be matched with the defendants in the case. They also decided to wait on the response to the request to have National Intelligence Organization (MİT) employees testify in the trial. The trial was adjourned until 4-5-6 September 2019.
The case is seen as a landmark trial against impunity in unsolved murders of journalist involving the state.
Link(s):
http://www.agos.com.tr/tr/yazi/22521/muammer-guler-dink-cinayeti-nde-ifade-verdi-istanbul-a-ham-bilgi-gelmisti
http://www.cumhuriyet.com.tr/haber/turkiye/1434985/Muammer_Guler__Hrant_Dink_davasinda_ifade_verdi__Guler_e_o_soru_soruldu.html
https://bianet.org/english/politics/209350-dink-murder-case-former-istanbul-governor-testifies-on-his-meeting-with-dink
Categories: Death / Killing
Source of violation: Unknown
Yeniçağ columnist Demirağ imprisoned, released on probation
13 June 2019 – Yavuz Selim Demirağ, a vocal columnist for the right-wing nationalist Yençağ newspaper, was admitted to a prison in Ankara on 13 June 2019 to serve an 11 month and 20-day sentence, daily Cumhuriyet reported. The sentence had been given on the charge of “insulting a public official” in a case filed upon a complaint by President Erdoğan.
Demirağ’s sentence was upheld by an appellate court in April, making it final. Demirağ, who surrendered to the Ayaş Prison, was released on probation the same day around midnight.
Link(s):
http://www.cumhuriyet.com.tr/haber/turkiye/1437575/Gazeteci_Yavuz_Selim_Demirag__cezaevine_girdi.html
https://www.yenicaggazetesi.com.tr/yavuz-selim-demirag-tahliye-edildi-238014h.htm
https://t24.com.tr/haber/gazeteci-yavuz-selim-demirag-tahliye-edildi,825890
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Semiha Şahin, Pınar Gayıp released under house arrest
13 June 2019 – The fifth hearing in the trial of Etkin News Agency (ETHA) journalists Semiha Şahin and Pınar Gayıp, who have been in pre-trial detention in the Bakırköy Women’s Prison since April 2018, took place in an Istanbul court.
23rd High Criminal Court of Istanbul, ruled at the end of the hearing to release both Şahin and Gayıp on house arrest after 14 months in detention on remand, P24 reported.
Şahin and Gayıp are on trial on account of their journalistic work and their social media posts. They are accused of “membership in a terrorist group” and “disseminating propaganda for a terrorist group.”
The journalists were brought to the courtroom in handcuffs by the gendarmerie. They both requested to be released from prison and acquitted at the end of the trial. The prosecution asked the court to rule for the continuation of Şahin and Gayıp’s detention.
In its interim ruling at the end of the hearing, the panel ruled to release Şahin and Gayıp from jail but decided to place them under house arrest. The court set 15 October 2019 as the date for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1139133987262214144
https://t24.com.tr/haber/gazeteciler-pinar-gayip-ve-semiha-sahin-davasi-ev-hapsiyle-tahliye-edildiler,825741
https://bianet.org/bianet/medya/209323-gazeteciler-pinar-gayip-ve-semiha-sahin-e-ev-hapsiyle-tahliye
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Çağdaş Erdoğan’s trial adjourned until September
13 June 2019 – Photojournalist Çağdaş Erdoğan’s trial on terrorism-related charges resumed at the 33rd High Criminal Court of Istanbul, P24 reported.
This was the sixth hearing in the case. Erdoğan’s lawyers requested additional time. Accepting the lawyers’ request, the court adjourned the trial until 5 September 2019.
Link(s):
https://twitter.com/ExInt24/status/1139131848880263168
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Azadiya Welat employees including murdered editor-in-chief face investigation
12 June 2019 – An investigation was launched into 27 employees of the shuttered Kurdish-language daily Azadiya Welat, including Rohat Aktaş, who was the former editor-in-chief of the paper before he was murdered in Cizre in 2016, Mezopotamya Agency reported. The Diyarbakır-based newspaper entirely published in Kurdish was closed down in October 2016 by a state of emergency decree.
Other than Aktaş, the investigation also targets publisher Ramazan Ölçen, managing editor İsmail Çoban and journalists Bişar Durgut, Emrah Kelekçiler, Mehmet Çetin Altun, Melek Bozan, Rojhat Bilmez, Zafer Tüzün and Zeynel Abidin Bulut.
Six journalists and 3 former employees gave their statements at the Diyarbakır Counter-Terrorism Bureau (TEM) on the charges of “disseminating propaganda for a terrorist organization” and “terrorist organization membership.”
The lawyer representing the journalists, Resul Temur, said the police told him that they are aware Aktaş was deceased. After the death of Aktaş, ongoing trials against the journalist have been dropped.
Link(s):
http://mezopotamyaajansi21.com/tum-haberler/content/view/60352
https://gazetekarinca.com/2019/06/oldurulen-rohat-aktas-dahil-azadiya-welat-calisanlarina-sorusturma/
https://ilerihaber.org/icerik/kapatilan-gazetenin-oldurulen-yazi-isleri-muduru-hakkinda-sorusturma-99156.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Lawsuit against Çiğdem Toker filed by postal company rejected
11 June 2019 – A lawsuit filed against journalist Çiğdem Toker by Turkey’s postal service company PTT resumed at the Ankara 20th Civil Court of First Instance. The PTT was seeking TL 50,000 in non-pecuniary damages in the lawsuit over a column Toker wrote in April 2018 for the Cumhuriyet daily.
At the hearing, the court eventually rejected the defamation case, in which the PTT claimed that Toker’s column “tarnished the company’s reputation,” P24 reported. The court ruled that the conditions requiring a lawsuit were not formed.
Link(s):
https://twitter.com/ExInt24/status/1138382049188941825
https://www.evrensel.net/haber/381035/cigdem-tokere-acilan-50-bin-tllik-dava-reddedildi
https://www.gazeteduvar.com.tr/gundem/2019/06/11/gazeteci-cigdem-toker-hakkinda-acilan-tazminat-davasi-reddedildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Ayşe Düzkan released on probation
11 June 2019 – Journalist Ayşe Düzkan, who was handed down an 18-month prison sentence and jailed in January for participating in the “substitute editor-in-chief” campaign to show solidarity with the now-defunct pro-Kurdish Özgür Gündem newspaper, was released from the Eskişehir Women’s Prison.
Düzkan was released on probation after serving 130 days in jail. Düzkan’s daughter Haziran announced her mother’s release via her Twitter account.
Link(s):
https://m.bianet.org/english/women/209293-journalist-ayse-duzkan-released
https://www.evrensel.net/haber/381106/gazeteci-ayse-duzkan-tahliye-oldu
https://www.gazeteduvar.com.tr/gundem/2019/06/12/gazeteci-ayse-duzkan-tahliye-edildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Prosecutor objects to appellate court decision in Seda Taşkın case
5 June 2019 – The Chief Public Prosecutor’s Office has objected to the verdict rendered by the appellate court in the case of journalist Seda Taşkın, online news website Gazete Karınca reported on 5 June.
At the end of the appeal hearing of Taşkın’s trial on 15 May, the 6th Criminal Chamber of the Erzurum Regional Court of Justice had acquitted the journalist of “aiding a terrorist organization without being its member” while giving her a deferred prison sentence of 1 year, 11 months and 10 days on the charge of “disseminating propaganda for a terrorist organization.”
On 30 May, the chief public prosecutor’s office objected to the appellate court’s ruling, saying the acquittal was “in violation of the law and procedural code.”
Link(s):
https://gazetekarinca.com/2019/06/gazeteci-seda-taskina-verilen-beraat-kararina-itiraz/
https://www.gazetefersude.com/gazeteci-seda-taskina-verilen-beraat-kararina-haber-yapip-uluslararasi-kamuoyu-olusturmak-iddiasiyla-itiraz-edildi-61039/
https://gazeteyolculuk.net/gazeteci-seda-taskinin-beraat-kararina-itiraz
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Nurcan Baysal briefly detained
3 June 2019 – Journalist and columnist Nurcan Baysal was taken into custody in the southeastern province of Diyarbakır, online news website Bianet reported. After being brought to the anti-terror branch of the Diyarbakır Police Department where she gave her statement, Baysal was released the same day.
Baysal later announced via her Twitter account that she was detained as part of an investigation into the Democratic Society Congress (DTK) on the allegation of “terrorist group membership.”
Link(s):
https://m.bianet.org/bianet/medya/209078-nurcan-baysal-hakikati-yazmak-ne-kadar-zormus
https://www.gazeteduvar.com.tr/gundem/2019/06/03/gazeteci-nurcan-baysal-serbest-birakildi/
https://www.birgun.net/haber-detay/nurcan-baysala-teror-orgutu-uyeligi-iddiasiyla-gozalti.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Hayri Demir faces another criminal case
1 June 2019 – Journalist Hayri Demir will be standing trial in a newly opened case where he is facing between 7.5 and 18 years of imprisonment if convicted.
Demir announced the news of the new trial on 1 June via his Twitter account. He said that the accusations in the new file stemmed from his journalistic work from the years 2015 and 2016 and his social media posts — particularly one where he shared an old news piece for which he stood trial and was convicted.
Link(s):
https://twitter.com/hayridemir_/status/1134792936347045888?s=12
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
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19 Jun 19 | Press Releases
Judged: How governments use power to undermine justice and freedom. The summer 2019 edition of Index on Censorship magazine
In a world when journalists are operating in increasingly harsh and difficult conditions, and are hit by lawsuits to stop them doing that, they need lawyers independent enough to stand up with them in court. This is an issue that the latest edition of Index on Censorship magazine looks at in detail.
“While at a conference, I spoke to journalists under extreme pressure. They told me: ‘When the independence of the justice system is gone then that is it. It’s all over.” We need to make a wider public argument about the importance of the judiciary. It’s something we should all be talking about in the local cafe. The average citizen needs to be vigilant to make sure the line between those making the laws and those sitting in judgement is not blurred. Our fundamental rights depend on it,” Rachael Jolley, editor of Index on Censorship, said.
In the latest magazine we look at a global phenomena where powerful governments are trying to unpick the independence of legal systems, to bring them under more direct influence, and the implications for global freedom of expression and freedom of the media.
With contributions from Kaya Genc in Turkey; Stephen Woodman on the Mexican government’s promises to rebuild the pillars of democracy and what hasn’t happen; Jan Fox on Donald Trump’s trampling of democratic norms; Karoline Kan on China’s retaliation against lawyers who argue for human rights, Caroline Muscat on independent news in Malta, Melanio Escobar and Stefano Pozzeban on Venezuela’s abuse of judicial power, Viktoria Serdult on how the Hungarian prime minister is pressurising independence in all its forms, Silvia Nortes on the power of the Catholic church in increasingly secular Spain.
In China, hundreds of human rights lawyers are in prison; in England and Wales, it has become more of a financial risk for ordinary people to go to court; in Brazil, the new president has appointed a judge who was very much part of the election campaign to a super-ministerial role. In Turkey, the Erdogan government is challenging the opposition candidate’s win in Istanbul’s mayoral elections. Hungary’s Orban has been set out plans to introduce new types of courts under the nose of the EU (although there appears to have been a U-turn).
We have an exclusive interview with imprisoned author and journalist Ahmet Altan, who was accused of inserting subliminal messages in support of the attempted July 2016 coup into a television broadcast and was sentenced to life in prison, told us: “I came out against the unlawful practices of both the era of military tutelage and that of the AKP [the ruling Justice and Development Party]: I believe I am a target of their anger.” The issue also includes the first English translation of an extract from his 2005 novel The Longest Night.
“Ahmet’s case is a perfect illustration of what can happen when the rule of law and courts are aligned with the political will of an increasingly authoritarian government,” Jolley commented.
About Index on Censorship Magazine
Since its establishment in 1972, Index on Censorship magazine has published some of the greatest names in literature including Samuel Beckett, Nadine Gordimer, Mario Vargas Llosa, Hilary Mantel and Kurt Vonnegut. It also has published some of the greatest campaigning writers of our age from Vaclav Havel to Amartya Sen and Ariel Dorfman plus journalism from Mexico, Argentina, South Africa, China, India, Turkey and more. Editor Rachael Jolley was named British Society of Editors’ editor of the year in the specialist publication category (2016) and the magazine has received numerous awards including the APEX Award for Excellence and the Hermann Kesten prize.
With each new issue of the magazine, an archival issue will become available for students, researchers and supporters of free expression. The four latest issues of the magazine are available for purchase in print or digital formats via SAGE Publishing, bookshops and Exact Editions.
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