1 May 2019
[vc_row full_width=”stretch_row_content_no_spaces” full_height=”yes” css=”.vc_custom_1556705695442{background-image: url(https://www.indexoncensorship.org/wp-content/uploads/2019/01/investigative-journalism-cover-2480.png?id=104855) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: contain !important;}”][vc_column][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Targeting the messenger: Investigative journalists under extreme pressure” font_container=”tag:h1|text_align:left” use_theme_fonts=”yes”][vc_custom_heading text=”There is a distinct lack of awareness among decision makers about how bad the situation is for journalists reporting on corruption” use_theme_fonts=”yes”][vc_column_text]What do criminals, corrupt corporations and crooked politicians have in common? They all fear investigative journalists, whose job is to expose wrongdoing and hypocrisy by holding the powerful to account.
From the groundbreaking UK-based Bellingcat and the well-regarded multi-national Organised Crime and Corruption Reporting Project, to the uncovering of the Panama and Paradise Papers, the dogged reporting and dedication of investigative journalists is clear. Yet these success stories mask the encroaching pressures that threaten to undermine efforts to expose the corruption eating at the foundations of European democracy.
For their work, investigative reporters have come under threat from multiple sources with the shared aim of stopping information that’s in the public interest from coming to light. Index on Censorship’s Mapping Media Freedom project, which monitors violations against media professionals throughout Europe, recorded 206 cases of investigative journalists in the 35 countries that are in or affiliated with the European Union (EU35) being targeted in their line of work between 1 May 2014 and 31 December 2018. An additional 77 reports from EU35 showed media workers other than investigative journalists being targeted for their role in reporting on corruption.
Under-financing and business models that don’t offer proper support are major problems for investigative journalism in general, but Mapping Media Freedom has also uncovered a litany of methods that have been employed as a direct means to censor journalists, including intimidation (96 instances), defamation (53), laws or court orders curtailing media outlets or workers (48), psychological abuse (35) and blocked access (48). Media workers were also physically attacked on 27 occasions and had their property attacked on 28. Civil lawsuits were taken against journalists on 27 occasions, and criminal charges were brought against journalists on 23.
The country with the largest share of reports was Italy (40), followed by Hungary (25), Serbia (24), France (19) and Turkey (18). “In these five years in Italy, investigative journalism has become increasingly risky, both for journalists themselves and for the media,” Alberto Spampinato, the director of Ossigeno per l’informazione, an Italian press freedom monitor, told Mapping Media Freedom.
Violations of media freedom regarding investigative journalists and those reporting on corruption reported to Mapping Media Freedom per annum went from a low in 2014 of 38, to a high of 75 in 2018 (2015: 51; 2016: 61; 2017: 58).
Mapping Media Freedom’s numbers reflect only what has been reported to the platform. We have found that journalists under-report incidents they consider minor, commonplace or part of the job, or where they fear reprisals. In some cases, Mapping Media Freedom correspondents have identified incidents retrospectively as a result of comments on social media or reports appearing only after similar incidents have come to light.[/vc_column_text][vc_single_image image=”106538″ img_size=”full”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-file-pdf-o” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]
[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_custom_heading text=”A crisis for journalism” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Anuška Delić, a Slovenian OCCRP editor who founded Oštro, a centre for investigative journalism in the Adriatic region, told Mapping Media Freedom that there was a distinct lack of awareness among international and national decision makers about how bad the situation was across Europe for journalists reporting on corruption. “It is usually independent media or journalism centres that are investigating corruption,” Delić said.
Delić pointed out that most corruption reporting did not take place in the mainstream media, except in France, Germany and Scandinavia, where journalism had a better standing. Independent and non-profit media outlets were among the most vulnerable to financial pressures and the target of frequent threats, whether in terms of staff safety or lawsuits. She warned that more EU member states – Hungary, Poland, the Czech Republic and, to an extent, Slovakia, Italy and Austria – were failing to live up to democratic standards. Delić said there had been a failure at the European Union level to realise freedom of the press did not actually exist in those nations: “How many journalists have to die before we realise something is wrong?”
After spending 13 years working for Delo, Slovenia’s largest newspaper, Delić said she had to leave her position after a new editor-in-chief, “who wanted only to do PR for the owner”, took charge. This change of editorial direction left Slovenia with a lack of outlets where journalists could report on corruption, and exacerbated the low level of funding for investigative centres such as Oštro, which aims to carry out the investigative role that mainstream media used to fulfil.
Independent media outlets that engage in investigative journalism are also under pressure in Malta, independent political blogger Manuel Delia told Mapping Media Freedom. “A big chunk of the media is owned by political parties. We have a two-party system and a heavily polarised society,” he said.
Delia said that since 1990, Malta’s two big political parties – the Labour Party and the Nationalist Party – have each owned newspapers and television stations, giving “two contradictory visions of reality”. Maltese people, he said, assumed that journalists in the island nation represented and spoke for political interests. “This makes independent journalism really difficult.”
Bulgaria’s media, according to Bivol investigative journalist Atanas Tchobanov, operates in a toxic environment, with most outlets controlled by the Bulgarian government or business interests closely aligned with the country’s politicians. Mediapool journalist Polina Paunova agrees, saying that the Bulgarian media has either been bought by businessman Delyan Peevski, who is also a National Assembly member, or is “under his covert influence”.
Media concentration has become a growing issue for journalists across EU35, notably in Hungary.
Serbia is one of the worst countries in EU35 for freedom for investigative journalists. “Even if there are good media and investigative journalists, for example BIRN, KRIK, CINS, Insajder and others, the situation is very bad,” Chiara Sighele, project director for the Osservatorio Balcani e Caucaso Transeuropa, told Mapping Media Freedom. “You have the big power of the mainstream tabloids and mainstream TV programmes, and it’s hard to challenge this power with investigative stories.”
“We have to consider the cost of investigative journalism, in a country where national television and most of the media are completely controlled through the advertising market by the political party in power,” Sighele added.[/vc_column_text][vc_custom_heading text=”Dark new trend” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”100187″ img_size=”full”][vc_single_image image=”98320″ img_size=”full”][vc_single_image image=”103114″ img_size=”full”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]The assassination of independent Maltese investigative journalist Daphne Caruana Galizia in a car bomb on 16 October 2017 marked a dark new trend emerging in the EU35: the murder of three investigative journalists in less than 12 months. Caruana Galizia’s death was followed by the murder of Slovakian journalist Ján Kuciak and his partner Martina Kušnírová on 26 February 2018, and the rape and murder of Bulgarian journalist Viktoria Marinova on 6 October 2018. Authorities say Marinova’s death is not connected to her being a journalist, a claim some colleagues have disputed.
There is a marked contrast in the reactions to the deaths of Caruana Galizia and Kuciak in Malta and Slovakia. In Slovakia, Kuciak’s death acted as a tipping point, prompting mass protests and causing politicians to resign. The culture minister stepped down following the murder and later left the ruling party.
“Kuciak’s death changed everything, and it feels that until the next presidential elections, in March 2019, we’re going to be in limbo,” said Slovak journalist Michaela Terenzani, editor-in-chief of The Slovak Spectator. She added that the widespread coverage of the murder, coupled with the public outrage, have created an atmosphere that has encouraged more journalists to dig into allegations of corruption.
“After Kuciak’s killing, the atmosphere was one of co-operation between journalists who published joint investigative reports,” Terenzani added. “They have kept reporting on new scandals linked to the government.”
In Malta, Caruana Galizia’s death was received differently. Delia said: “Our culture minister had been marching in Paris after the Charlie Hebdo murders but after Caruana Galizia was murdered he went to Dubai to sell passports. The government was intent on demonstrating it was business as usual.”
Delia thinks the country is so polarised that only a small part of the Maltese population has been impacted by the journalist’s death.
Impunity is a major problem in the murder of journalists, and not just for those who carry out the crime. Times of Maltajournalist Ivan Camilleri told Mapping Media Freedom: “I think there was a genuine effort to solve [Caruana Galizia’s] murder. I don’t think there was a genuine effort to find who commissioned it.”
Regarding Marinova’s murder, Tchobanov recently told OCCRP that corruption was rife within the police and the judicial system in Bulgaria, pointing at inconsistencies within the current state of the investigation. “If [evidence] disappears, it can also appear to promote a version the authorities like. They have been lying to cover sensitive affairs. Why should we trust their words now?”
The man arrested in relation with Marinova’s murder said he regretted killing her and didn’t remember exactly what had happened. Paunova had a different perspective. “Because of the polarisation of the Bulgarian society at the beginning of Marinova’s case, some of the citizens declared that she was a victim of her work and another part categorically denied that it was possible. That’s why the impression of something hidden was created. Most evidence suggests that the brutal death of Marinova has no connection with her job. But the court will be the judge of this.”[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_custom_heading text=”Physical assaults” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]In the incidents surveyed for this report, Mapping Media Freedom recorded 28 incidents in which investigative journalists or those media workers reporting on corruption were physically assaulted across 12 countries. Italy was the country with the most reports of physical assaults (6), followed by Croatia (5) and Kosovo (4).
“Threats of aggression and violent acts against investigative journalists seem to be more and more common,” Mehmet Koksal, project officer for the European Federation of Journalists, the European regional organisation of the International Federation of Journalists, the global union federation of journalists’ trade unions, told Mapping Media Freedom.
On 23 March 2017 freelance journalist Stefano Andreone was beaten by three men in a bar in Cardito, in the province of Naples, Italy. Federazione Nazionale Stampa Italiana, the unitary trade union of the Italian journalists, linked the violence to a website Andreone created and manages, which published allegations of corruption on exhumations in the local cemetery. Andreone had to receive emergency care in the hospital of Frattamaggiore.
“With its continuous monitoring Ossigeno keeps the focus on threats and reprisals against journalists,” Spampinato said. “This attention is already in itself a system of protection for reporters.”[/vc_column_text][vc_custom_heading text=”Threats and intimidation” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]“The Council of Europe study on self-censorship among journalists has shown that the main form of pressure is ‘psychological violence’, which is mainly visible by intimidation used by public authorities which has a clear chilling effects on media freedom. We are convinced that many investigative journalists are the target of this type of bullying,” Koksal said.
Between 1 May 2014 and 31 December 2018, Mapping Media Freedom recorded 34 instances of psychological abuse, including verbal harassment, offline bullying, and 96 instances of intimidation, where a media worker is menaced as a result of their work.
Such violations are a major problem in Bulgaria. “Pressure we face ranges from calls demanding we change an article to physical threats,” Tchobanov said. He added that staffers had been subjected to death threats, which they reported to authorities, international organisations and local unions, but “nobody is protecting us”.
The threats against Bivol are wide ranging, from when staffers were informed in June 2015 that an attack was being planned against them to December 2016 when journalist Dimitar Stoyanov received threats both in the run-up to and after publishing several major investigative reports about alleged embezzlement of public funds with links between Bulgarian government officials and criminal groups. “The worst is when they threaten to ‘remove you’,” Tchobanov said, referring to implied death threats. Paradoxically, the staff at Bivol have used these incidents to reinvigorate their investigations, engaging in a new strategy that Tchobanov jokingly calls “publish or perish”.
“The future is very uncertain,” Spampinato told Mapping Media Freedom. Although there have been threats to remove protection from Italian investigative journalist Roberto Saviano — who has received death threats for his reporting of the Italian mafia — following an argument with Italy’s interior minister, Matteo Salvini, thankfully no such action has been taken so far, Spampinato added. “The Italian protection system remains the best among all the known systems.”[/vc_column_text][vc_custom_heading text=”Legal measures” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]For journalists reporting on corruption, the threat of legal action is a very serious one, which impacts what one is able to write, particularly for investigative centres with limited resources. Rubino, who recently worked on the CumEx file investigation into a tax fraud scheme discovered in 2017, said: “There are many things we weren’t able to report because there was no ongoing criminal investigation, only an administrative one, and we didn’t want to be sued because that’s automatically thousands of euros spent in legal fees.”
“Reporting on the use of European funds in Bulgaria is important, and it’s important to do it across borders,” said Tchobanov. “We are trying to find patterns and to push the authorities to investigate. The Bulgarian prosecution office is currently investigating only 0.04 per cent of the €5 billion which has been allocated by the European Commission to Bulgaria.”
Delia spoke of a similar pattern in Malta. “Although there are revelations in the press, they have no effect. This increases the vulnerability of journalists who are then portrayed as obsessive crusaders.” In Malta, repeated defamation lawsuits were filed against Caruana Galizia, who had pursued corrupt businesses and politicians as part of her investigative work, prior to her murder. On 21 February 2017 Maltese government minister Chris Cardona and his policy aide Joseph Gerada posted public messages on Twitter taunting reporter Mario Frendo about court action they planned to take against him.
Malta’s investigative journalists have also been ostracised and vilified. Politicians and businesses use lawsuits, public relations and innuendo to ridicule and sow doubt about reportage, as highlighted in the summer 2018 issue of Index on Censorship magazine.
Tchobanov cited audits by tax authorities, something that repeatedly happened to Serbian newspaper Juzne Vesti, as a tactic employed by politicians to retaliate against news outlets. In Bulgaria, authorities froze the assets of Ivo Prokopiev, who publishes the newspapers Capital and Dnevnik. “All the power of the state is used against free media publishers,” Paunova told Mapping Media Freedom.[/vc_column_text][vc_custom_heading text=”Arrest and detention” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Between May 2014 and December 2018, Mapping Media Freedom recorded 17 instances of arrest or detention against investigative journalists. At 7am on 31 August 2018, armed police in boiler suits arrived at the home of Belfast-based award-winning journalist Barry McCaffrey with a search warrant. McCaffrey is the reporter behind Alex Gibney’s 2017 documentary about the 1994 Loughinisland pub massacre during the Northern Irish Troubles, No Stone Unturned. At the same time, around 30 armed police arrived at the home of Trevor Birney, the producer of No Stone Unturned, and confiscated items, including a broken pink phone.
Both men were arrested. The journalists were told that “on October 4th, 2017, the Police Ombudsman for Northern Ireland reported the theft of two ‘secret’ documents from their offices”. The arrests, they were told, were in connection with suspicion of theft, the handling of stolen goods, the unlawful disclosure of information and the unlawful obtainment of personal data. It later transpired that the Ombudsman for Northern Ireland had made no such complaint about the work of the journalists.
“The Loughinisland massacre was one of the most traumatic events in the history of the Troubles. The investigative work of Birney, McCaffrey and Fine Point Productions was a textbook example of public interest journalism, raising fundamental investigations into the police investigation, proving police collusion and taking risks within a dangerous environment, legally and otherwise, by naming suspects,” Séamus Dooley, assistant general secretary of the National Union of Journalists, a trade union for journalists in the UK and Ireland, told Mapping Media Freedom. “The arrests, the disproportionate use of police power and the flawed legal process serve to undermine the work of the journalists involved and, importantly as a deterrent to other journalists.”
“Given the legacy of the Troubles there are a number of journalists and film production companies who may be deterred by the legal barriers now confronting Barry and Trevor,” Dooley added. “The abuse of process and the use of judicial procedures by the PSNI in these circumstances shows that in Northern Ireland there is a grave lack of respect for journalists or journalism.”[/vc_column_text][vc_custom_heading text=”Access to information” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Investigative journalists working across EU35 highlight the difficulties in accessing information. Camilleri routinely uses Freedom of Information requests. “There are clearly attempts from the government to make matters take longer,” he said. “The government is not friendly with the independent media at all. The office of the PM employs five to six people, all former Labour employees, who are supposed to answer the media but don’t. They act as gatekeepers. I send questions. They never answer.”
In January 2016 a journalist was prohibited from entering the Maltese Lands Authority offices where he was planning to check records for an investigation into allegations of corruption against the government agency.
Tchobanov told Mapping Media Freedom: “The main difficulty is access to information. Bulgarian and European authorities are very secretive.” Bivol journalists have requested details on Bulgarian officials in receipt of EU funds only to receive incomplete and some incorrect data, which left them unable to properly track the money. Tchobanov added that the publication has to “fight with Bulgarian and Brussels authorities” to get information, often to no avail.
Dragging their feet on FOI requests isn’t the only tactic Bulgarian authorities use to throw up barriers to investigations into corruption. In December 2016 Bivol journalist Dimitar Stoyanov received threats after reporting on alleged corruption, embezzlement of public funds and links between Bulgarian officials and criminals. In September 2018two journalists were arrested after filming people burning documents in a field while conducting an investigation into alleged fraud involving EU funds.
“Investigative journalists [in Serbia] are facing difficulties despite a very good law on access to information: the major institutions do not give them access to the most relevant documents,” Sighele said. “The main problem in Serbia is the current regime leaded by the president Aleksandar Vučić, who is trying to silence the non-aligned media and to minimize the role of the investigative journalism.”[/vc_column_text][vc_custom_heading text=”Denigration of journalists” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Journalists are at risk of slander from politicians in Malta and Bulgaria especially and, to a lesser extent, in Slovakia. In Malta, Delia said he had been portrayed “as a traitor by the Labour party press”.
Official willingness to discredit and defame journalists is a Europe-wide phenomenon, but one that is especially acute for independent media outlets that specialise in investigative journalism into official corruption. Politicians at all levels of national and local governments have used their platform to smear journalists and their outlets to undermine often embarrassing revelations. In Bulgaria, this trend has seen journalists, journalist groups and unions labeled foreign agents, manipulators and, in the case of the Association of European Journalists — Bulgaria, “scum” and “paid urinals”.
In July 2018 Tchobanov was insulted on Facebook by a Bulgarian MEP Nikolay Barekov, who was under investigation by Bivol. In 2015 Bivol was the target of a smear campaign in mainstream media outlets that appeared to be prompted by investigations into alleged draining of cash from a Bulgarian bank through offshore companies, and abuse of European Union funds, which implicated several bankers and politicians, including the media mogul and lawmaker Peevski.
Terenzani said Slovakia has seen incidents of politicians denigrating journalists. “The leader of the ruling party is saying horrible things about journalists constantly. Everything we know about the murder [of Ján Kuciak] suggests that politicians are responsible at some level, because of the atmosphere they have created.”[/vc_column_text][vc_custom_heading text=”What should be done?” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Mapping Media Freedom’s report into the targeting of investigative journalism highlights issues affecting the accurate reporting of issues that are in the public interest to know. What should be done to reverse this dangerous trend and to make investigative journalism safer?
Index on Censorship first and foremost recommends that all charges against investigative journalists who have been arrested, imprisoned or who are facing legal action must be dropped. Laws designed to impinge on the work of investigative journalists must be reconsidered, and stronger provisions put in place so the right to access to information is respected.
“It is necessary to change some legislation but the political will to do it is lacking,” Spampinato told Mapping Media Freedom. “It is also necessary that journalists and publishers join forces to tackle problems together and reduce the most frequent risks.”
“States should facilitate the work of investigative journalists by strengthening legal protections: decriminalisation of defamation; legal protection of journalistic sources; laws guaranteeing access to public data; transparency laws; legal protection of whistleblowers,” Koksal told Mapping Media Freedom “It is the responsibility of states to guarantee an environment that favours the work of investigative journalists.”
Koksal added that the public, either through public or financial support, can play a big role in improving conditions for investigative journalists. “Journalism is a public good and should be considered as an act on behalf of the public’s right to access information,” he said.
According to NUJ’s Dooley and Koksal, membership of a trade union or professional association feel better supported when facing pressure. “It is the duty of journalists’ organisations to provide effective support, which starts with the public reporting of threats and the provision of concrete support (legal aid, financial assistance, etc.) to investigative journalists under threat,” Koksal added.
The NUJ has been working alongside investigative journalists who face difficulty in the UK and Ireland, such as Birney and McCaffrey, as well as showing solidarity with journalists facing difficulty elsewhere, including Bulgaria and Turkey, which Dooley said are countries of “profound concern”.
Finally, governments must respect the right of journalists to protect confidential information and sources. This is vital, especially in cases involving whistleblowing in the public interest.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]
About this report
This report is part of a series based on data submitted to Mapping Media Freedom. This report reviewed 283 incidents involving investigative journalists from the 35 countries in or affiliated with the European Union between 1 May 2014 and 31 December 2018.
Mapping Media Freedom identifies threats, violations and limitations faced by media workers in 43 countries — throughout European Union member states, candidates for entry and neighbouring countries. The project is co-funded by the European Commission and managed by Index on Censorship as part of the European Centre for Press and Media Freedom (ECPMF).
Index on Censorship is a UK-based nonprofit that campaigns against censorship and promotes freedom of expression worldwide. Founded in 1972, Index has published some of the world’s leading writers and artists in its award-winning quarterly magazine, including Nadine Gordimer, Mario Vargas Llosa, Samuel Beckett and Kurt Vonnegut. Index promotes debate, monitors threats to free speech and supports individuals through its annual awards and fellowship program.
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Acknowledgements
AUTHORS Valeria Costa-Kostritsky and Ryan McChrystal
EDITING Adam Aiken, Sean Gallagher and Jodie Ginsberg with contributions by Joy Hyvarinen, Paula Kennedy and Mapping Media Freedom correspondents: João de Almeida Dias, Adriana Borowicz, Ilcho Cvetanoski, Jonas Elvander, Amanda Ferguson, Dominic Hinde, Investigative Reporting Project Italy, Linas Jegelevicius, Juris Kaza, David Kraft, Lazara Marinkovic, Fatjona Mejdini, Mitra Nazar, Silvia Nortes, Platform for Independent Journalism (P24), Katariina Salomaki, Zoltan Sipos, Michaela Terenzani, Pavel Theiner, Helle Tiikmaa, Christina Vasilaki, Lisa Weinberger
DESIGN Matthew Hasteley
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30 Apr 2019 | 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: Compensation case against journalist Uludağ sent to commercial court
30 April 2019 – A compensation case filed against journalist Alican Uludağ by the discount market chain BİM, seeking TL 250,000 in non-pecuniary damages for a news report Uludağ penned for the Cumhuriyet daily, got under way in an Istanbul court.
BİM is accusing Uludağ of damaging the company’s brand through his report and two social media posts.
Uludağ’s lawyer addressed the Anadolu 9th Civil Court of First Instance during the hearing, explaining to the court that Uludağ’s tweets and his report were part of press freedom, P24 reported.
At the end of the hearing, the Anadolu 9th Civil Court of First Instance ruled that it had no jurisdiction over the case and sent the case file to a commercial court.
Link(s):
https://twitter.com/P24DavaTakip/status/1123119872710516738
https://www.evrensel.net/haber/378539/gazeteci-alican-uludaga-acilan-tazminat-davasinda-gorevsizlik-karari
Categories: Subpoena / Court Order / Lawsuits
Source of violation: Subpoena / Court Order / Lawsuits
Yurt newspaper chief editor briefly detained
30 April 2019 – Ali Avcu, the editor-in-chief of Yurt newspaper, was taken into custody on at the Alibeyköy Police Station in Istanbul. Avcu was later referred to the Kartal Courthouse, where he was released after giving his statement. Avcu was detained on the grounds of a book he wrote in 2018, the newspaper reported.
Link(s):
http://www.yurtgazetesi.com.tr/medya/yurtboyunegmez-ali-avcu-serbest-birakildi-manidar-gerekce-h126485.html
https://gazetekarinca.com/2019/04/yurt-gazetesi-genel-yayin-yonetmeni-ali-avcu-serbest-birakildi/
https://tr.sputniknews.com/turkiye/201904301038902118-yurt-gazetesi-genel-yayin-yonetmeni-avcu-gozaltina-alindi/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
UPDATE: Court keeps Adil Demirci’s travel ban in place
30 April 2019 – Etkin news agency (ETHA) reporter Adil Demirci appeared before an Istanbul court for his trial on the charges of “membership in a terrorist group” and “disseminating propaganda for a terrorist group.” This was the fifth hearing in the case, overseen by the 25th High Criminal Court of Istanbul.
Demirci, who also holds a German passport, is among 23 defendants in the case. Of the 23, four are in pre-trial detention. Demirci was released at the end of the previous hearing in February.
During the hearing, which was also observed by representatives from the German Consulate-General in Istanbul, the prosecutor asked the court to release the remaining jailed defendants based on available evidence and the time they spent in detention.
The presiding judge asked Demirci about a criminal intelligence report alleging that Demirci “went to Syria and Iraq as a courier.” Demirci denied the allegation and told the court that he has never been to Syria or Iraq. His lawyer Keleş Öztürk said the intelligence report about Demirci was an unlawfully drafted document and should therefore be removed from the case file.
Demirci also requested the court to lift his travel ban. The court refused to lift the judicial control measures imposed on Demirci and adjourned the trial until 15 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1123191447056994307
https://www.dw.com/en/german-turkish-journalist-adil-demirci-forced-to-stay-in-turkey/a-48556233
https://www.zeit.de/gesellschaft/zeitgeschehen/2019-04/adil-demirci-tuerkei-terrorvorwurf-sozialarbeiter-koeln-prozess-heimreise
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Ahmet Altan acquitted in lawsuit filed by former chief of general staff
26 April 2019 – Two separate lawsuits where imprisoned journalist and author Ahmet Altan is accused of “insult,” “attempting to influence trial process,” and “violation of confidentiality” were heard at the Anadolu 2nd Criminal Court of First Instance.
The court first heard the lawsuit where Altan is accused of “violating the confidentiality of an investigation”and “attempting to influence courtroom proceedings” for his article titled “Mafyanın dışında kim kaldı” (Who is left other than the mafia), published in 2009 in the Taraf daily, which was closed down during the State of Emergency.
Issuing an interim ruling at the end of the hearing, the judge said the case would be dismissed on the condition that a judicial fine worth a total of TL 1,061 is paid within 10 days, P24 reported. The court postponed the trial until 25 June.
The court later heard the second lawsuit, which was filed by İlker Başbuğ, the former chief of General Staff. Altan was charged with “insult” in the case, which concerned an article he wrote in 2010 in the Taraf daily. The court acquitted Altan of the charge, ruling that the legal elements of the crime were not present.
Link(s):
https://expressioninterrupted.com/ahmet-altan-acquitted-in-lawsuit-filed-by-former-chief-of-general-staff/
https://t24.com.tr/haber/ahmet-altan-ilker-basbug-un-actigi-hakaret-davasindan-beraat-etti,818520
https://www.evrensel.net/haber/378217/ahmet-altan-hakaret-suclamasindan-beraat-etti
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
İlave TV reporter to stand trial for “insulting Erdoğan”
26 April 2019 – Arif Kocabıyık, a reporter for the online broadcaster İlave TV, will be standing trial on the charge of “insulting a public official” over a social media post he shared during the time when Recep Tayyip Erdoğan was Turkey’s Prime Minister. The trial was launched over his comment in which he said “crocodile tears” under a picture of Erdoğan.
Kocabıyık told BirGün daily that the initial allegation in the investigation was “insulting the president” although Erdoğan was prime minister at the time. He said the allegation was later changed to “insulting a public official.”
Kocabıyık’s trial will begin on 26 September 2019.
Link(s):
https://www.birgun.net/haber-detay/ilave-tv-muhabirine-erdogana-hakaretten-sorusturma.html
http://www.diken.com.tr/erdogana-hakarette-bugun-timsah-gozyaslari-yorumuna-dava/
https://www.abcgazetesi.com/bir-erdogana-hakaret-davasi-da-ilave-tv-muhabirine-11580
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Former Cumhuriyet staff members sent back to prison
25 April 2019 – Six former staff members of the Cumhuriyet daily returned to prison on to serve the remainder of the sentences they were given last year in the lengthy “Cumhuriyet trial.”
The 27th High Criminal Court of Istanbul had convicted former columnists and executives of the newspaper on the charge of “aiding a terrorist organization without being its member” last year at the end of the trial. In February 2019, the 3rd Criminal Chamber of the Istanbul Regional Court of Justice rejected the appeals against the verdict, thus finalizing the proceedings against eight of the defendants with sentences under 5 years in prison. Cases of defendants with sentences over 5 years in prison will be further reviewed by the Supreme Court of Appeals.
The trial court issued an order for the execution of the eight sentences on Thursday, issuing arrest warrants for Güray Öz, Önder Çelik, Musa Kart, Hakan Kara, Mustafa Kemal Güngör, Bülent Utku and Emre İper. The prosecution issued a summons for Kadri Gürsel. Öz, Çelik, Kart, Kara, Güngör and İper reported to the Kocaeli Courthouse on Thursday afternoon, from where they were sent to the Kandıra Prison.
Link(s):
https://medyascope.tv/2019/04/25/cumhuriyet-gazetesinin-eski-calisanlari-yeniden-cezaevinde/
https://www.evrensel.net/haber/378169/eski-cumhuriyet-calisanlari-yeniden-cezaevine-girdi
https://www.dw.com/tr/cumhuriyet-%C3%A7al%C4%B1%C5%9Fanlar%C4%B1-yeniden-cezaevinde-ho%C5%9F%C3%A7akal%C4%B1n/a-48490879
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Erk Acarer faces investigation: report
25 April 2019 – A newspaper report claimed that an investigation was under way against journalist Erk Acarer, who works for daily Birgün and private broadcaster Artı TV. Acarer is allegedly accused of “inciting the public to hatred and animosity” on social media.
The Sabah daily, owned by Serhat Albayrak – the brother of Treasury and Finance Minister Berat Albayrak – reported that police drafted a criminal complaint concerning Acarer’s social media accounts after a tip-off. The complaint was sent to the prosecutor’s office, who decided to launch an investigation into Acarer, the report claimed.
Link(s):
https://www.sabah.com.tr/gundem/2019/04/25/birgun-yazarina-sorusturma
https://www.evrensel.net/haber/378129/sabah-birgun-yazari-erk-acarere-sorusturma-baslatildigini-iddia-etti
https://gazetekarinca.com/2019/04/gazeteci-erk-acarer-hakkinda-sorusturma-baslatildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Cem Şimşek’s trial adjourned until September
25 April 2019 – A trial in which Cem Şimşek, the former responsible managing editor of the Evrensel daily, stands accused of “defaming” and “insulting” Treasury and Finance Minister Berat Albayrak resumed in Istanbul.
Şimşek and his lawyers were in attendance at the third hearing in the case, overseen by the Bakırköy 2nd Criminal Court of First Instance. The accusations stem from a news story published in Evrensel on 14 July 2018.
Addressing the court for his defense statement, Şimşek said that the newspaper ran a proper rebuttal as requested by the plaintiff, daily Evrensel reported. He added that the news article consisted of remarks by an expert in economics and did not include any insulting expressions. Şimşek asked the court to consider the new article a part of the public’s right to information and requested to be acquitted.
The court adjourned the trial until 12 September, granting additional time to Şimşek’s lawyers to produce a hard copy of the newspaper in which the said rebuttal was published.
Link(s):
https://www.evrensel.net/haber/378139/gazeteci-cem-simsek-albayraka-hakaret-iddiasina-yanit-verdi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Government / State Agency / Public official(s) / Political party
UPDATE: Çiğdem Toker faces lawsuit filed by Turkey’s postal services
25 April 2019 – A lawsuit filed against economy journalist Çiğdem Toker by Turkey’s postal service PTT resumed in an Ankara court, RSF Turkey reported. The PTT is seeking TL 50,000 in non-pecuniary damages in the lawsuit, based on a column Toker wrote in April 2018 for the Cumhuriyet daily.
The Ankara 20th Civil Court of First Instance adjourned the trial until 11 June 2019.
Link(s):
https://twitter.com/RSF_tr/status/1121376221697327104
Categories: Subpoena / Court Order / Lawsuits
Source of violation: Corporation / Company
UPDATE: Court keeps journalist İsminaz Temel’s travel ban in place
24 April 2019 – A trial where 23 defendants, including Etkin news agency (ETHA) editor İsminaz Temel and reporter Havva Cuştan, face terrorism-related charges resumed in an Istanbul court.
Journalists Temel and Cuştan and several of their co-defendants as well as defense lawyers were in attendance, P24 reported. Cuştan had remained in pre-trial detention for nine months and Temel for 16 months as part of the case before being released by the court.
Issuing an interim ruling at the end of the hearing, the 27th High Criminal Court of Istanbul ruled to release Coşkun Yiğit and Erkan Kakça from pre-trial detention. With the decision, none of the 23 defendant remain in pre-trial jail. The court, however, rejected the requests to lift the judicial control measures imposed on Temel and her co-defendants, adjourning the trial until 3 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1120947761933889536
https://www.evrensel.net/haber/378072/espli-erkan-kakca-ve-coskun-yigit-tahliye-edildi
https://mezopotamyaajansi17.com/tum-haberler/content/view/55354
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Prosecutor seeks conviction for eight defendants in “Sözcü trial”
18 April 2019 – The seventh hearing in the “Sözcü trial,” where a total of nine columnists, executives and editors of the newspaper stand took place at the 37th High Criminal Court of Istanbul. In the indictment prepared by the prosecutor the defendants are accused of “aiding a terrorist organization without being its member.”
The judges announced that the prosecution submitted their final opinion of the case on 17 April, only a day before the hearing, P24 reported. According to the document the prosecutor is seeking up to 10 years in prison for Emin Çölaşan, Necati Doğru, Gökmen Ulu, Metin Yılmaz, Mustafa Çetin, Yücel Arı and Yonca Yücekaleli for “knowingly and willingly aiding the ‘FETÖ/PDY’ without being part of its hierarchical structure.” FETÖ/PDY stands for “Fethullahist Terrorist Organization/Parallel State Structure,” the name given by the Turkish government to the religious Fethullah Gülen network.
The prosecution asked the court to apply “effective remorse” provisions in the sentence they sought for Mediha Olgun. The prosecutor lastly requested the court to separate the file against Burak Akbay, the former publisher of Sözcü who is currently overseas and sought for with an arrest warrant, on the grounds that he had yet to make his defense statement.
In its interim decision, the court rejected the defense lawyers’ requests for further investigation; ruled to keep the arrest warrant for Akbay in place; and adjourned the trial until 14 June.
Link(s):
https://twitter.com/P24DavaTakip/status/1118767339707740160
https://www.sozcu.com.tr/2019/gundem/gazetecilik-yargilaniyor-4469408/
http://www.hurriyet.com.tr/gundem/sozcu-gazetesi-davasinda-savci-mutalaasini-verdi-41186629
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Journalist Kibriye Evren ordered to remain behind bars
16 April 2019 – The trial into jailed journalist Kibriye Evren on terrorism-related charges resumed in a Diyarbakır court, online news website Gazete Karınca reported.
This was the fourth hearing in the case, overseen by the 5th High Criminal Court of Diyarbakır. Evren, who is jailed in the Diyarbakır Prison and has been in a hunger strike for 122 days, did not attend the hearing.
In its interim ruling at the end of the hearing, the court ordered the continuation of Evren’s pre-trial detention and adjourned her trial until 7 May.
Link(s):
https://gazetekarinca.com/2019/04/aclik-grevindeki-gazeteci-kibriye-evrene-tahliye-yok/
https://www.gazeteduvar.com.tr/gundem/2019/04/16/122-gundur-aclik-grevinde-olan-gazeteci-evren-tahliye-edilmedi/
https://www.gercekgundem.com/medya/86270/gazeteci-kibriye-evren-tahliye-edilmedi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: “Redhack trial” into 6 journalists adjourned until September
16 April 2019 – The “RedHack trial,” where six journalists stand accused of “disseminating propaganda for a terrorist organization,” “hindrance or destruction of a data processing system,” “aiding a terrorist organization without being its member” and “terrorist group membership” for their coverage concerning the emails of Minister Berat Albayrak leaked by RedHack, resumed at an Istanbul court.
Journalists Derya Okatan, Tunca Öğreten, Mahir Kanaat, Eray Sargın, Metin Yoksu and Ömer Çelik stand accused in the case, overseen by the 29th High Criminal Court of Istanbul, P24 reported.
The presiding judge announced during the hearing that a case file relating to an investigation launched against Çelik in 2015 by the Diyarbakır Chief Public Prosecutor’s Office has been merged with the present case and a new indictment has been issued. In the new indictment, Çelik is accused of “disseminating propaganda for a terrorist group” for his social media posts in 2015.
In its interim ruling, the court accepted Yoksu and Okatan’s requests to be held exempt from appearing in court, but rejected the same request from Ömer Çelik on the grounds that he had yet to make his defense statement in relation to the new case file. The court set 24 September as the date for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1118042549845934081
https://t24.com.tr/haber/red-hack-davasinda-yedinci-durusma-gazetecilik-faaliyetlerimden-dolayi-yargilaniyorum,817099
https://gazetekarinca.com/2019/04/davanin-hukuki-temeli-cokmustur-redhack-davasinda-bilirkisi-raporu-mahkemeye-ulasti/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Prosecutor seeks sentence for P24 founding President Hasan Cemal
16 April 2019 – P24’s Founding President and T24 columnist Hasan Cemal appeared in an Istanbul court for the second hearing of his trial on the charge of “propaganda” for a column he wrote on 4 December 2015.
Submitting his final opinion, the prosecutor requested Cemal to be convicted for the alleged crime of “conducting propaganda for a terrorist organization,” P24 reported.
Accepting the request by Cemal and his lawyer for a continuance to prepare their final defense statement, the 36th High Criminal Court of Istanbul adjourned the trial until 7 May.
Link(s):
https://twitter.com/P24DavaTakip/status/1118029850034438144
https://t24.com.tr/haber/hasan-cemal-hakkinda-acilan-dava-ertelendi,817017
https://www.dw.com/tr/gazeteci-hasan-cemal-hakk%C4%B1nda-hapis-talebi/a-48348929
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Journalist Gökhan Öner given 10-month sentence on “propaganda” charge
15 April 2019 – The final hearing of a trial where journalist Gökhan Öner, a former reporter for the shuttered Dicle news agency (DİHA), was accused of terrorism related charges, took place in the western Anatolian town of Denizli.
The prosecutor submitted their final opinion of the case during the hearing, in which they requested Öner to be acquitted of the “terrorist group membership” charge due to insufficient evidence, but asked the 2nd High Criminal Court of Denizli to convict the journalist of the “propaganda” charge on account of his reporting for DİHA.
Issuing its verdict at the end of the hearing, the 2nd High Criminal Court of Denizli acquitted Öner of the “membership” charge but found him guilty of “propagandası” and sentenced him to 10 months in prison, Mezopotamya Agency reported. The court deferred Öner’s sentence by five years.
Link(s):
http://mezopotamyaajansi16.com/tum-haberler/content/view/54381?page=5
https://gazetekarinca.com/2019/04/gazeteci-gokhan-onere-10-ay-hapis-cezasi/
https://www.evrensel.net/haber/377527/gazeteci-gokhan-onere-10-ay-hapis
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Özgür Gündem solidarity trial adjourned
15 April 2019 – The 10th hearing in a trial where Professor Şebnem Korur Fincancı, the president of the Human Rights Foundation of Turkey (TİHV), Erol Önderoğlu, the Turkey representative of Reporters Without Borders (RSF), and journalist-writer Ahmet Nesin stand accused of “spreading propaganda for a terrorist organization,” “incitement to commit crime” and “praising crime and criminals” for joining in the “substitute editor-in-chief” campaign for the shuttered Özgür Gündem newspaper was held.
Erol Önderoğlu made his defense statement in response to the prosecutor’s final opinion during the hearing, P24 reported.
In their interim ruling at the end of the hearing, the 13th High Criminal Court of Istanbul granted additional time for the preparation of the remaining defense statements; accepted Önderoğlu’s request to be held exempt from appearing in court, and adjourned the trial until 17 July.
Link(s):
https://expressioninterrupted.com/ozgur-gundem-solidarity-trial-adjourned/
https://twitter.com/P24DavaTakip/status/1117678855379214336
https://bianet.org/english/freedom-of-expression/207477-onderoglu-we-give-2-5-years-of-our-lives-to-an-indictment-prepared-in-one-day
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Columnist fired after calling Minister of Finance to resign
11 April 2019 – Hüsamettin Aslan, a columnist for the conservative Milat daily, was dismissed after calling the Minister of Treasury and Finance, Berat Albayrak, to resign. Albayrak, who took over all functions previously performed by two separate ministers in the new cabinet announced on July 2018, is also President Recep Tayyip Erdoğan’s son-in-law.
“Milat has decided to stop publishing my columns after the comment I made on social media arguing that ‘Berat Albayrak should resign,’” Aslan said according to online platform against censorship Susma’s report. “The criticism against this intra-family reorganization, vocally denounced inside the AKP’s [Justice and Development Party] base, has spread to the streets. As Turkey is giving a struggle for survival, criticizing this nonsense in a polite manner and explaining it with a constructive disapproval was necessary,” he said.
Link(s):
http://susma24.com/milatta-iktidari-elestiren-aslanin-yazilarina-son/
https://t24.com.tr/haber/berat-albayrak-istifa-etmeli-diyen-yazar-kovuldu,816507
https://www.yenicaggazetesi.com.tr/albayraka-istifa-et-dedi-gazeteden-kovuldu-230275h.htm
Categories: Other Serious Issues (Dismissal)
Source of violation: Employer / Publisher / Colleague(s)
UPDATE: Austrian journalist Max Zirngast appears in first courtroom hearing
11 April 2019 – The first courtroom hearing in the trial of Austrian journalist and academic researcher Max Zirngast took place in Ankara.
Zirngast, who was arrested in the Turkish capital in September 2018, remained in detention on remand for three months before being released pending trial in late December. The 26th High Criminal Court of Ankara, which is overseeing the trial, had imposed on Zirngast and his co-defendants an international travel ban.
Zirngast and his co-defendants Mithatcan Türetken, Hatice Göz and Burçin Tekdemir are accused of “membership in a terrorist group” on the allegation that they are linked with the organization “TKP/Kıvılcım,” a fraction that broke off from the Communist Party.
All four defendants and their lawyers were in attendance at the first hearing, DW reported. Addressing the court for their defense statements, the defendants rejected the accusations.
Issuing an interim decision at the end of the hearing, the court ruled for the continuation of the international travel ban imposed on the defendants and adjourned the trial until 11 September.
Link(s):
https://www.dw.com/cda/tr/zirngast%C4%B1n-yurtd%C4%B1%C5%9F%C4%B1na-%C3%A7%C4%B1k%C4%B1%C5%9F-yasa%C4%9F%C4%B1-devam-edecek/a-48282679
https://www.gercekgundem.com/medya/85208/avusturyali-gazeteci-zirngastin-davasi-basladi
https://www.jungewelt.de/artikel/352764.t%C3%BCrkei-prozess-gegen-max-zirngast-beginnt.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Deniz Yücel’s trial adjourned until July
11 April 2019 – The trial of Turkish-German journalist Deniz Yücel, the former Turkey correspondent of the German newspaper Die Welt, resumed on 11 April in Istanbul. Yücel is charged with “disseminating propaganda for FETÖ/PDY and PKK/KCK” and “inciting the public to hatred and animosity.”
Yücel was represented by his lawyer Veysel Ok during the third hearing in the case, overseen by the 32nd High Criminal Court of Istanbul. Ok told the court that Yücel was scheduled to make his defense statement on 10 May in Berlin and requested a continuance until after Yücel’s statement is heard, P24 reported. Accepting the lawyer’s request, the court adjourned the trial until 16 July.
Link(s):
https://twitter.com/P24DavaTakip/status/1116255166968233990
https://bianet.org/english/law/207375-journalist-deniz-yucel-to-testify-in-berlin-in-may
https://www.dw.com/tr/deniz-y%C3%BCcel-davas%C4%B1-11-nisana-ertelendi/a-46815700
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Local journalists, politician acquitted in “incitement” case
10 April 2019 – A trial where journalists from two local newspapers in the Aegean town of Didim stood accused of “inciting the public to hatred and animosity” for publishing a press statement by local representatives from Turkey’s Labour Party (EMEP) resumed.
Mustafa Öge, the owner of the newspaper Didim Özgürses, Ergün Korkmaz, who owns the newspaper Mavi Didim, Erdem Özden, a reporter for the latter, along with the district chair of EMEP, Kazım Temiz, were all acquitted at the end of the fourth hearing. The case was overseen by the 1st Criminal Court of First Instance of Didim.
The trial was launched over the publication of a statement by EMEP on Turkey’s military operation on the Syrian city of Afrin on January 2018.
Link(s):
https://www.evrensel.net/haber/377248/emep-aciklamasini-yayimladiklari-icin-yargilanan-gazetecilere-beraat
https://tihv.org.tr/11-nisan-2019-gunluk-insan-haklari-raporu/
http://www.dusun-think.net/dosya/bulten/19041215-19-haftalik-du776s807u776nce-o776zgu776rlu776g774u776-bu776lteni.pdf
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Court rules for publisher’s release in Özgür Gündem trial
10 April 2019 – The “Özgür Gündem main trial,” where nine defendants stand accused of “disrupting the unity and integrity of the state” and “membership in a terrorist organization,” resumed on at the Istanbul courthouse.
This was the 12th hearing in the case, which is overseen by the 23rd High Criminal Court of Istanbul. Keskin and the newspaper’s jailed publisher Sancılı were in attendance, P24 reported. Sancılı was brought from the a prison in the city of Edirne, where he is currently serving a previous sentence.
Issuing an interim decision at the end of the hearing, the court ruled for Sancılı’s release. However, Sancılı will remain in prison because of a previous sentence. The court also ruled to hand over the case file to the prosecution for the drafting of their final opinion and adjourned the trial until 3 July.
Link(s):
https://twitter.com/P24DavaTakip/status/1115857405387186179
https://gazetekarinca.com/2019/04/ozgur-gundemin-imtiyaz-sahibi-kemal-sancili-hakkinda-tahliye-karari/
https://t24.com.tr/haber/kapatilan-ozgur-gundem-in-imtiyaz-sahibi-kemal-sancili-hakkinda-tahliye-karar,816216
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Two Özgürlükçü Demokrasi editors released
10 April 2019 – The fourth hearing in the trial into 14 employees of the shuttered daily Özgürlükçü Demokrasi on terrorism-related charges took place at the Istanbul courthouse.
The pro-Kurdish newspaper’s publisher İhsan Yaşar, responsible managing editor İshak Yasul, editors Mehmet Ali Çelebi and Hicran Urun were in attendance as well as unjailed defendants Pınar Tarlak and Ramazan Sola. The newspaper’s editor Reyhan Hacıoğlu, who has also been jailed pending trial since April 2018, did not attend, P24 reported.
The prosecutor submitted his final opinion of the case during the hearing, asking the court to convict Urun, Çelebi, Tarlak, Yasul, Yaşar and Hacıoğlu of “membership in an armed terrorist organization,” “successively publishing terrorist group publications” and “disseminating propaganda for a terrorist organization.” The prosecutor requested that Ramazan Sola and Mizgin Fendik be convicted of “aiding a terrorist organization without being its member.”
The prosecution requested the continuation of the detention of all jailed defendants.
Issuing an interim decision at the end of the hearing, the 23rd High Criminal Court of Istanbul ruled to release Yasul and Urun pending the conclusion of the trial and set 28 June as the date for the next hearing in the case.
Link(s):
https://twitter.com/P24DavaTakip/status/1115927899637469184
https://gazetekarinca.com/2019/04/ozgurlukcu-demokrasi-davasinda-iki-tahliye-karari/
https://bianet.org/bianet/ifade-ozgurlugu/207337-gazeteciler-ishak-yasul-ve-hicran-urun-tahliye-edildi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Jailed publisher Mehmet Ali Genç acquitted in “propaganda” case
9 April 2019 – Mehmet Ali Genç, the publisher and former managing editor of Varyos Publications, appeared in an Istanbul court for the fourth hearing of his trial on the charges of “disseminating propaganda for a terrorist group” and “praising crime or a criminal.” The charges stemmed from an article Genç had penned for the women’s magazine Sosyalist Kadın.
Genç was brought to the Istanbul Courthouse for the 9 April hearing, overseen by the 23rd High Criminal Court of Istanbul. He was accompanied by his lawyer Kader Tonç.
Genç is currently imprisoned in Adana, serving three separate convictions from previous trials where the accusations stemmed from his time as the responsible managing editor of the leftist Atılım newspaper, his lawyer told P24.
Rendering its verdict at the end of the hearing, the court ruled to drop the “propaganda” charge against Genç based on the statute of limitations in Turkey’s press law, and acquitted Genç of the “praising crime or a criminal” charge.
Link(s):
http://www.etha6.com/Haberler/mehmet-ali-genc-hakkinda-beraat-karari/9/11593
https://tihv.org.tr/10-nisan-2019-gunluk-insan-haklari-raporu/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Detained journalist Oktay Candemir released on bail
7 April 2019 – Journalist Oktay Candemir, who was arrested during a police raid on his apartment in the eastern province of Van, was released from custody on 7 April. Candemir, who was brought to the Van courthouse following his interrogation at the local police department, was referred to a court by a prosecutor who requested the journalist to be jailed pending trial on the charge of “terrorist group membership.” Candemir was released by the court under judicial control measures.
Link(s):
http://mezopotamyaajansi16.com/tum-haberler/content/view/53544?page=3
https://gazetekarinca.com/2019/04/gazeteci-oktay-candemir-serbest-birakildi/
https://www.artigercek.com/haberler/gazeteci-oktay-candemir-serbest-birakildi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Diyarbakır-based journalist Sertaç Kayar’s trial adjourned until June
5 April 2019 – A trial in which freelance journalist Sertaç Kayar faces up to 22 years in prison on the charge of “establishing and leading a terrorist organization” resumed at the 10th High Criminal Court of Diyarbakır.
Issuing an interim ruling at the end of the hearing, the court adjourned the trial until 26 June, P24 reported. The court said it would await the testimony of a witness mentioned in the case file, which will be heard by a High Criminal Court in the central Anatolian province of Çorum.
This was the third hearing in the case, where Kayar is accused based on his coverage of demonstrations and public statements in Diyarbakır.
Link(s):
https://twitter.com/P24DavaTakip/status/1114057233548107776
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Editor Haydar Ergül released after 15 months in pre-trial detention
5 April 2019 – A trial in which Haydar Ergül, an editor with the periodical Demokratik Modernite is among 19 defendants, resumed in Istanbul.
Ergül, who had been in detention on remand since January 2018, is charged with “membership in a terrorist group” in the case overseen by the 22nd High Criminal Court of Istanbul. Among Ergül’s co-defendants in the case are members and administrators of People’s Democratic Party (HDP) and the Democratic Regions Party (DBP).
Issuing an interim ruling at the end of the hearing, the court ruled for Ergül’s release pending the conclusion of the trial, P24 reported. Judicial control measures were imposed on Ergül in the form of an international travel ban and reporting to the nearest police station once a month to give his signature. The court set 28 June as the date for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1114148084219564032
https://gazetekarinca.com/2019/04/15-aydir-tutukluydu-gazeteci-haydar-ergul-tahliye-edildi/
http://mezopotamyaajansi16.com/tum-haberler/content/view/53381
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Alican Uludağ and Duygu Güvenç’s trial adjourned
4 April 2019 – The second hearing of a trial where journalists Alican Uludağ and Duygu Güvenç stand accused of “publicly degrading the judiciary” took place at the 2nd Criminal Court of First Instance of Istanbul.
Uludağ and Güvenç are accused on account of their reporting in the Cumhuriyet newspaper on the developments surrounding US pastor Andrew Brunson, who remained in detention in Turkey for two years before being released in October.
The trial was adjourned until 20 June because the judge was on leave, P24 reported.
Link(s):
https://twitter.com/P24DavaTakip/status/1113695298084380673
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Libel case against Çiğdem Toker to continue in July
4 April 2019 – Çiğdem Toker, a prominent economy columnist for the Sözcü daily, appeared before an Ankara court on 4 April for the second hearing of a lawsuit filed by a Turkish mining company. The company, Şenbay Madencilik, is seeking a record TL 1.5 million in compensation for a column Toker penned for the Cumhuriyet daily in October 2017.
Toker and her lawyer were in attendance for the hearing at the 13th Civil Court of First Instance of Ankara. In their interim ruling, the court decided to request from the Ministry of Transport and Infrastructure the official records of the tender Toker wrote about in her column, online news website T24 reported, and adjourned the lawsuit until 9 July.
Link(s):
https://t24.com.tr/haber/cigdem-toker-e-acilan-1-5-milyon-liralik-tazminat-davasi-basladi,815356
https://www.evrensel.net/haber/376920/gazeteci-cigdem-tokerin-davasi-9-temmuza-ertelendi
https://www.gercekgundem.com/medya/83431/cigdem-tokere-acilan-tazminat-davasinda-yeni-gelisme
Categories: Subpoena / Court Order / Lawsuits
Source of violation: Corporation / Company
UPDATE: Journalist Ayşegül Doğan’s trial adjourned until September
3 April 2019 – The trial of journalist Ayşegül Doğan, a former program coordinator for the shuttered television station İMC TV, who is charged with “establishing or leading an armed organization,” resumed at the 9th High Criminal Court of Diyarbakır, online news website Gazete Karınca reported.
This was the second hearing in the case, where Doğan’s interviews as a journalist with DTK administrators are held as evidence against her. The court adjourned the trial until 11 September, awaiting a comparative forensic examination of audio recordings in the case file and a sample of Doğan’s voice.
Link(s):
http://gazetekarinca.com/2019/04/gazeteci-aysegul-doganin-davasi-ertelendi/
https://www.evrensel.net/haber/376881/gazeteci-aysegul-doganin-ses-kayit-ornekleri-alinacak
https://jinnews.com.tr/TUM-HABERLER/content/view/106937
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Evrensel columnist Karataş’s trial adjourned until September
3 April 2019 – Yusuf Karataş, a columnist for Evrensel daily, appeared in a Diyarbakır court for the fifth hearing of his trial on the charge of “establishing and leading a terrorist group.”
Karataş faces up to 22.5 years in prison in the trial, one of many similar criminal cases where the accusations stem from audio recordings of speeches delivered by participants during Democratic Society Congress (DTK) rallies. Karataş was arrested and jailed pending trial in July 2017 as part of an investigation into DTK. He was released pending trial in September 2017.
Karataş requested the court to lift his international travel ban because it prevented him from attending international events he is invited as a politician and a columnist.
In its interim ruling, the 9th High Criminal Court of Diyarbakır rejected Karataş’s request and adjourned the trial until 11 September, awaiting the completion of the forensic examination of audio tapes by the Council of Forensic Medicine in Istanbul.
Link(s):
https://twitter.com/P24DavaTakip/status/1113326549107912704
https://www.evrensel.net/haber/376866/yazarimiz-yusuf-karatasin-yurt-disi-yasagi-yine-kaldirilmadi
https://www.gazeteduvar.com.tr/gundem/2019/04/03/yusuf-karatasin-yurtdisi-yasagi-kaldirilmadi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Mezopotamya Agency reporter Ahmet Kanbal briefly detained
3 April 2019 – Mezopotamya news agency reporter Ahmet Kanbal was taken into custody in the Nusaybin district of Mardin province while covering a news story, the agency reported.
Kanbal was reportedly arrested because he had failed to show up to give his defense statement as part of a court case. Kanbal was released later in the day by the Nusaybin 1st Criminal Court of First Instance after giving his statement.
Link(s):
http://mezopotamyaajansi17.com/tum-haberler/content/view/53013
https://twitter.com/dokuz8haber/status/1113363004714676224
https://www.evrensel.net/haber/376862/gozaltina-alinan-ma-muhabiri-ahmet-kanbal-serbest-birakildi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Nine journalists sentenced for solidarity with Özgür Gündem
3 April 2019 – The court announced its verdict at the end of the 11th hearing in the trial of 13 defendants accused of “conducting propaganda for a terrorist organization” for participating in the “substitute editor-in-chief” campaign to show solidarity with the pro-Kurdish Özgür Gündem newspaper, which was closed down in 2016.
The final hearing of the trial took place on 3 April at the 14th High Criminal Court of Istanbul.
The court convicted journalists Hüseyin Aykol, Faruk Eren, Ertuğrul Mavioğlu, Fehim Işık, Celal Başlangıç, Öncü Akgül, İhsan Çaralan, Celalettin Can and Dilşah Kocakaya of the “propaganda” charge and sentenced them to a total of 14 years and 3 months in prison, P24 reported. The court deferred the sentences of six defendants while Akyol, Can and Kocakaya’s sentences were not deferred.
Following the completion of the defense statements, the court went on to issue its verdict in which it found nine defendants guilty of the “propaganda” charge.
The newspaper’s former co-editor-in-chief Hüseyin Akyol was sentenced to 3 years and 9 months in prison for “successively disseminating propaganda for a terrorist organization.” Aykol’s co-defendants Faruk Eren, Ertuğrul Mavioğlu, Fehim Işık, Celal Başlangıç, Öncü Akgül, İhsan Çaralan and Celalettin Can were each sentenced to a prison term of 1 year and 3 months. All sentences except the one imposed on Celalettin Can were deferred.
The court acquitted Mehmet Şirin Taşdemir, Ömer Ağın, Veysel Kemer and Yüksel Oğuz, who were on trial for the letters they sent to Özgür Gündem from prison, which the newspaper had published. The court also convicted Dilşah Kocakaya of the “propaganda” charge and imposed on Kocakaya a 15-month sentence.
The sentences will be reviewed by an appellate court.
Link(s): https://www.evrensel.net/haber/376875/ozgur-gundem-nobetci-genel-yayin-yonetmenligi-davasinda-ceza-yagdi
https://medyascope.tv/2019/04/03/ozgur-gundem-nobetci-genel-yayin-yonetmenleri-davasinda-gazetecilere-ceza-yagdi/
http://bianet.org/bianet/medya/207080-nobetci-yayin-yonetmenleri-davasinda-9-kisiye-hapis-cezasi
https://twitter.com/P24DavaTakip/status/1113322983588757504
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:1560788183498-bc033ae0-97c7-7″ taxonomies=”8996″][/vc_column][/vc_row]
