Turkey: Press freedom violations April 2019

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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]

Turkish injustice: Scores of journalists, rights defenders facing trial

[vc_row][vc_column][vc_column_text]Journalists Facing Trial in Turkey

This article was originally posted at platform24.org.

Journalists, writers and human rights defenders will appear before judges in several court hearings scheduled for the coming days.

P24 will be following the upcoming hearings from the courtrooms and live tweeting the developments. Here is a list of the upcoming hearings:

Oct. 24: First court hearing for journalists in e-mail leak case

Six journalists, three of whom have been imprisoned since late December, will have their first day in court on October 24.

Former Diken news portal editor Tunca Öğreten, news editor of the shuttered DİHA news agency Ömer Çelik and BirGün employee Mahir Kanaat, DİHA reporter Metin Yoksu, ETHA news agency Responsible Managing Editor Derya Okatan and Yolculuk daily publisher Eray Sargın were first arrested on December 25 in police raids in an investigation into publication of leaked e-mails of Berat Albayrak, Turkey’s energy minister. After a record 24 days in police custody, a criminal judgeship of peace ordered Çelik, Tunca and Kanaat jailed pending trial while releasing Okatan, Sargın and Yoksu, with a travel ban.

The journalists face terrorism related charges as well as the charge of “disrupting or preventing an IT system, amending or destroying data.”

The hearing will take place at the Istanbul 29th High Criminal Court at Istanbul’s Çağlayan Courthouse.

Oct. 24: Murat Aksoy, Atilla Taş and others

The next hearing of a case where journalist Murat Aksoy, ex-singer and a columnist for the shuttered Meydan daily Atilla Taş, Türk Solu journal writer Gökçe Fırat Çulhaoğlu and 26 others face coup and terrorism charges will be held on the same day at the Istanbul 25th High Criminal Court.

Almost all of the defendants in the case are journalists from a variety of media outlets, some of which were closed down under the state of emergency. 23 of the 29 defendants are imprisoned awaiting further trial

The first hearing of the case where all of the 29 defendants face terrorism charges took place on March 27-31, at the end of which the court ruled to release 21 of the 26 defendants in pre-trial detention. But none was released after 13 defendants whose release was sought by the prosecutor were arrested as part of a new investigation – this time on coup charges – and eight others were detained upon a successful appeal from the prosecutor against their release. One of the 13 defendants who were arrested as part of the new coup investigation, Zaman editor Ali Akkuş, was released shortly after his arrest.

Two other journalists charged with coup, Bünyamin Köseli of Aksiyon weekly and Cihan Acar of Bugün newspaper, were released at the end of the first hearing on August 18.

The court also ruled to merge the coup trial with the earlier terrorism trial. The hearing on October 24 is the first session to take place after the two cases were merged.

Oct. 25: Human rights activists to appear in court

The ten human rights activists who were detained at a workshop on Istanbul’s Büyükada island in July will appear before a court for the first time on October 25.

Eight of the human rights defenders are still imprisoned. They will be tried along with Taner Kılıç, head of Amnesty International Turkey, who was detained earlier in another investigation.

The hearing will begin at 10 a.m. at the Çağlayan Courthouse. The Istanbul 35th High Criminal Court will hear the trial, but the session will take place in the courtroom for the Istanbul 14th High Criminal Court.

The rights activists face up to 10 years in jail on charges of “helping an armed organization” while Kılıç faces up to 15 years for “membership in the FETÖ terrorist organization.”

Idil Eser, the Director of Amnesty Turkey; İlknur Üstün from the Women’s Coalition; Günal Kurşun from the Human Rights Agenda Association;Nalan Erkem from Citizens’ Assembly; Özlem Dalkıran, also from Citizens’ Assembly; Veli Acu, from Human Rights Agenda Association; Şeyhmus Özbekli, lawyer Nejat Taştan; Association for Monitoring Equal Rights digital strategy consultant Ali Gharavi; and trainer and writer Peter Steudtner were detained on July 5. Taştan and Özbekli were later released on probation.

Oct. 25: Case into publication of MGK documents

October 25 is also the date for the next hearing of a case where former Taraf journalist Mehmet Baransu, who has been imprisoned since March 2015, and the former responsible managing editor of the shuttered daily, Murat Şevki Çoban are on trial on charges of acquiring and publishing state secrets in relation with a news story that claimed the Fethullah Gülen network was blacklisted by the country’s top security body at a National Security Council (MGK) meeting in 2004.

Baransu faces up to 50 years and six months while Çoban faces up to 31 years in prison.

The session will be heard by the Istanbul Anadolu 10th High Criminal Court.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

Index on Censorship monitors press freedom in 42 European countries through its Mapping Media Freedom database.

Since 24 May 2014, Mapping Media Freedom’s team of correspondents have recorded and verified 3,597 violations against journalists and media outlets.

Index campaigns to protect journalists and media freedom. You can help us by submitting reports to Mapping Media Freedom.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Oct. 26: Özgür Gündem solidarity case

On October 26, 13 journalists and writers will appear before judges at the Istanbul 14th High Criminal Court in a case where they face terrorism related charges due to their role in a campaign of solidarity with the Özgür Gündem daily, which was later shuttered.

Journalists İhsan Çaralan, Fehim Işık, Ertuğrul Mavioğlu, Celal Başlangıç, Celalettin Can, Öncü Akgül, Hüseyin Aykol, Ömer Ağın, Dilşah Kocakaya, Mehmet Şirin Taşdemir, Veysel Kemer and Yüksel Oğuz, as well as the head of the press workers’ union DİSK Basın-İş, Faruk Eren, are defendants in the case.

Oct. 31: Fourth hearing in Cumhuriyet trial

On October 31, the fourth hearing of the Cumhuriyet trial will be held at the Istanbul 27th High Criminal Court.

A total of 20 defendants, including one Twitter user who is not a Cumhuriyet employee, are on trial in the case. Cumhuriyet Executive Board Chair Akın Atalay, Cumhuriyet Editor-in-Chief Murat Sabuncu, reporter Ahmet Şık and the employee of the newspaper’s accounting department Emre İper are currently imprisoned and so is the Twitter user, Ahmet Kemal Aydoğdu.

Oct. 31: Özgür Gündem main case

Again on October 31, the main Özgür Gündem trial will continue at the Istanbul 23rd High Criminal Court.

İnan Kızılkaya, the responsible managing editor of the shuttered daily who has been imprisoned for more than a year and Kemal Sancılı, the daily’s owner who has been in prison since January, writer Aslı Erdoğan, linguist Necmiye Alpay, journalist Bilir Kaya, publisher Ragıp Zarakolu, lawyer Eren Keskin and politician Filiz Koçali are the defendants in the case.

Nov. 1: Third hearing in Nedim Türfent’s trial

Another journalist who will appear in court in the coming days is Nedim Türfent, a reporter for the shuttered Dicle News Agency (DİHA).

Türfent, who has been imprisoned since May 13, is accused of “membership in a terrorist organization” and “terrorism propaganda.”

Türfent will appear before the judges at the Hakkâri 2. High Criminal Court for the third hearing of his case.

Nov. 2: First hearing in insult case against Perihan Mağden

Columnist Perihan Mağden will appear before a court in the first hearing of a trial where she is charged with “insulting President Recep Tayyip Erdoğan.”

The charge stems from an article published in April 2016 in which Mağden criticized a contestant in prime time TV show “Survivor” by likening him to President Erdoğan.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.

Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row]

Turkey: Charges must be dropped in high-profile trial of journalists following failed coup

(Photos: Pen International)

(Photos: Pen International)

On 2 September, the first hearing will take place in a trial concerning three former senior editors of Taraf daily newspaper, Ahmet Altan, Yasemin Çongar and Yıldıray Oğur; and two journalists, Mehmet Baransu and Tuncay Opçin. The undersigned organisations believe the trial to be politically motivated and call on the government to drop all charges against the accused and to immediately and unconditionally release Mehmet Baransu, who has been held in pre-trial detention since his arrest on 2 March 2015.

The charges pre-date the 15 July coup attempt, which the undersigned organisations also condemned; however, this is a high profile trial of journalists following the declaration of the State of Emergency in Turkey, under which at least 100 journalists have been detained. This trial is therefore of particular significance, as it may shed light on how the courts will approach cases concerning the right to freedom of expression and the right to a fair trial under the state of emergency – even when not directly related to the coup attempt.

ARTICLE 19, Index on Censorship, EFJ, Norwegian Press Association, Norwegian Journalists’ Union, PEN Germany, Danish PEN, PEN International, and Wales PEN Cymru are attending the trial.

THE CHARGES

The charges are detailed in a 276 page indictment, which was accepted on 20 June 2016 by the Istanbul High Criminal Court, 16 months after the initiation of the investigation. All five journalists are facing charges of acquiring, destroying and divulging documents concerning the security of the state and its political interests, punishable by up to 50 years in prison. Baransu and Opçin are facing additional charges of ‘membership and administration of a terrorist organization’ and face a possible 75-year prison term.

The charges of acquiring, destroying and divulging state secrets against the five journalists concern the ‘Egemen Operation’ plan – an out-of-date military war plan to respond to a Greek invasion. As a prior judgment of the Turkish Constitutional Court affirms, Taraf did not publish state secrets regarding this operation. Moreover, it is hard to see how the document could be considered a state secret; the Egemen Operation Plan was declared no longer in use in 2007, prior to when it was allegedly acquired by the journalists. Of even greater concern,the plan was actually made public in 2011 by a Court, when it was published in an indictment related to another case.

The charges of membership and administration of a terrorist organisation against Baransu and Opcin, refer to alleged affiliation with the Gülenist Terror Organisation (Fetullahçı Terör Örgütü, FETÖ), the group that the Turkish government accuses of being behind the failed coup in July. The first official reference to this group as a terrorist movement was in an indictment in May 2015, and it was only added to the official list of outlawed terrorist organisations in Turkey in May 2016 – six years after the period to which the charges relate.

The defendants deny all the charges.

PROBLEMS WITH THE INDICTMENT

The indictment presented by the prosecutor is highly problematic, containing a number of procedural deficiencies. In addition, failing to establish the facts against the defendants, it includes information about several offences that bear no relation to the proceedings at issue; and levies accusations against the defendants that are not included in the charges. The deficiencies include:

• The indictment accuses the defendants of propaganda for a terrorist organisation; but brings no charges on these grounds, nor does it provide any facts to support this.

• 46 pages of the indictment have been copied directly from an entirely separate indictment against Cumhuriyet editors, Can Dündar and Erdem Gül, who exposed illegal arms transfers by the Turkish Intelligence Service (MIT) into Syria and were sentenced to prison for five years for their reporting. The degree of direct reproduction is evident from the fact that one paragraph of the indictment even starts with the words ‘The Defendant Can Dündar’.

• Large parts of the indictment against the journalists focus on a series of controversial news reports, titled the ‘Balyoz (Sledgehammer) Coup Plan’, published in Taraf between 20-29 January 2010, about an alleged military coup to overthrow the Justice and Development Party (AK Party) government. However, the charges do not, in fact, relate to this story. Indeed, the indictment does not suggest Taraf’s decision to publish the Balyoz papers was criminal and Balyoz does not figure in the specific charges presented at all.

These deficiencies seriously undermine the credibility of the charges, increasing concerns that they are groundless and aimed at stifling opposition voices within Turkey.

FREEDOM OF EXPRESSION AND THE RIGHT TO A FAIR TRIAL

It is well established that no restriction may be imposed on freedom of expression on the grounds of national security unless the government can demonstrate that the restriction is necessary in a democratic society to protect a legitimate national security interest. The burden of demonstrating the validity of the restriction rests with the government.

Moreover, any restriction on journalistic activity – in this case the charges brought against the journalists – must have the genuine purpose and demonstrable effect of protecting a legitimate national security interest. As noted, the alleged state secret, the Egemen Secret Operation Plan, had already been published prior to charges being brought by a court, undermining the assertion that charges of acquiring, destroying and divulging this plan are necessary to ensure state security. This is reinforced by the disproportionately high sentences sought against the defendants. Restrictions
 must
 meet
 a
 sort
 of
 proportionality
 test,
 whereby 
the 
benefit 
in 
terms
 of 
protecting 
the
interest 
must 
be 
greater 
than 
the
 harm 
caused 
to 
freedom
 of 
expression.

Additionally, national security concerns do not allow the government to waive the rule of law protections that are part of international law. This includes the right not to be arbitrarily detained and the right to be informed promptly of the charges against him or her. Mehmet Baransu, who has been held in pre-trial detention for 18 months, and had no charges served against him for a 15 month period, has had both of these rights violated.

We call upon the government of Turkey to drop the charges against the Taraf journalists. At a time when the Turkish government should be demonstrating its commitment to freedom of expression and the rule of law, it is pursuing highly questionable charges that seem to be aimed at stifling legitimate government criticism.

SIGNATORIES

ARTICLE 19
Index on Censorship
European Federation of Journalists
Norwegian Press Association
Norwegian Journalists’ Union
PEN Germany
My Media
PEN International
Welsh PEN Cymru
PEN UK

Related articles:

Turkey: Losing the rule of law

Ece Temelkuran: Turkey’s drive to make theatre “suitable”

Turkey’s continuing crackdown on the press must end

Turkey: Charges against five journalists must be dropped

(Photos: Pen International)

(Photos: Pen International)

Charges of acquiring and divulging state secrets, membership of, and administration of a terrorist organisation brought against five journalists, including four former members of Taraf newspaper’s editorial and investigative staff, must be dropped and one of the accused, Mehmet Baransu, must be released immediately and unconditionally, PEN International, English PEN, German PEN, Swedish PEN, PEN America, ARTICLE 19, the Committee to Protect Journalists, the European Federation of Journalists, the Ethical Journalism Network, IFEX, Index on Censorship, the International Federation of Journalists, Global Editors Network and Reporters Without Borders said in a joint statement today.

‘These charges are a clear infringement of the right to free expression and a free press in Turkey and must be dropped, and Baransu released. It’s yet another example of abuses by the Turkish authorities of the problematic Anti-Terror law to silence investigative journalists. The law must be reformed without delay,‘ said Carles Torner, Executive Director of PEN International.

The charges concern Taraf editor, Ahmet Altan; deputy editor, Yasemin Çongar; Taraf journalists Mehmet Baransu, Yıldıray Oğur and, a fifth journalist, Tuncay Opçin. All five journalists are facing charges of acquiring and divulging documents concerning the security of the state and its political interests punishable by up to 50 years in prison. Mehmet Baransu and Tuncay Opçin are facing additional charges of ‘membership and administration of a terrorist organization’ and face a possible 75-year prison term.

The charges are detailed in a 276 page indictment, which was accepted on 20 June 2016 by the Istanbul High Criminal Court, 16 months after the initiation of the investigation. Baransu has been held in pre-trial detention since his arrest on 2 March 2015. The journalists’ next hearing is due to be held on 2 September 2016.

The indictments and the materials presented by the prosecutor in relation to the case are open to very serious doubts, suggesting that the charges are politically motivated.

While large parts of the indictment against the journalists focuses on a series of controversial news reports, titled the ‘Balyoz (Sledgehammer) Coup Plan’[1], published in Taraf between 20-29 January 2010, about an alleged military coup to overthrow the Justice and Development Party (AK Party) government, the charges do not, in fact, relate to this story. Indeed, the indictment does not suggest Taraf’s decision to publish the Balyoz papers was criminal and Balyoz does not figure in the specific charges presented at all.

Instead, the indictment brings charges of acquiring and divulging state secrets against the five journalists concerning the ‘Egemen Operation’ plan – an out of date military war plan to respond to a Greek invasion. However Taraf did not publish state secrets regarding this operation, as a prior judgment of the Turkish Constitutional Court affirms.

‘Beyond the simple problem of a lack of evidence, there are serious concerns regarding the indictment which suggest it has been written to obfuscate facts and to implicate the journalists in involvement in the Balyoz case, an already controversial story, to limit public support for their situation,’ said Erol Önderoğlu from Reporters Without Borders (RSF).

Additionally, 46 pages of the indictment prepared against the former Taraf journalists have been copied directly from the indictment against Cumhuriyet journalists, Can Dündar and Erdem Gül, who exposed illegal arms transfers by the Turkish Intelligence Service (MIT) into Syria and were sentenced to prison for five years for this crime. The degree of direct reproduction is evident from the fact that one paragraph of the indictment even starts with the words “The Defendant Can Dündar.”

‘The fact that large parts of the indictment have been copied from another high profile case targeting journalists raises significant concerns about the motivation and professionalism of the Prosecutor: not only does this call into question the extent to which the facts and evidence of the case have been properly examined, it reinforces concerns that the charges may be politically motivated’ said Katie Morris, Head of the Europe and Central Asia Programme at Article 19.

PEN International, English PEN, German PEN, Swedish PEN, PEN America, ARTICLE 19, the Committee to Protect Journalists, the European Federation of Journalists, the Ethical Journalism Network, IFEX, Index on Censorship, the International Federation of Journalists, Global Editors Network and Reporters Without Borders call on the Turkish authorities to immediately and unconditionally release Baransu and to drop all charges that the five journalists face as a result of their work in public interest. Such legal actions against journalists, result in a pervasive ‘’chilling-effect’’ among the rest of the media in the country, which is compounded where fundamental fair trial safeguards are not upheld.

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[1] These reports were based on a series of classified documents and CDs acquired from an anonymous source. They led to widespread discussion in the country, which prompted Turkish prosecutors to initiate a controversial trial against the alleged coup-plotters named in the documents. The army officers implicated in the alleged coup plot revealed by Taraf have repeatedly claimed that the evidence against them was fabricated. In 2014, Turkey’s highest court ruled that the authorities had violated the officers’ right to a fair trial, leading to fresh hearings and mass releases from prison; including releases for several officers that had previously received sentences of up to 20 years in prison.