Journalism and freedom of expression trials: Week of April 3

This week, the hearings of numerous freedom of expression trials will be held. Below is the list of these hearings:

April 4th, Tuesday

• The first hearing of the trial in which the Peoples’ Democratic Party’s (HDP) former Central Executive Committee members Alp Altınörs, Celalettin Can, Emin Orhan, Hüseyin Taka, Mahfuz Güleryüz, Naci Sönmez, Samet Mengüç, Sultan Özcan, Şaziye Köse, Tuncer Bakırhan and Veli Saçılık face “degrading the Turkish Nation, state of Turkish Republic, the organs and institutions of the state” charge will be held in the Ankara 48th Criminal Court of First Instance at 09.30. In the indictment which he filed on 30 November 2022, prosecutor Mehmet Aykut Cihangir presents the statement titled “Ermeni Soykırımı utancıyla yüzleşin! [Face the shame of the Armenian Genocide]” and which was published on HDP’s official website on 24 April 2021 as evidence for the charges he leveled against 11 people. In the indictment, the prosecutor states that the indictment was prepared after the authorities were notified and the Ministry of Justice granted permission for a criminal investigation to be launched against the politicians. In half of the eight-page indictment, the prosecutor refers to various articles of international covenants and to numerous judgments of the European Court of Human Rights which guarantee freedom of expression and argues that the press statement in question cannot be considered within the scope of this freedom. Referring to the Grand Chamber’s Perinçek v. Switzerland judgment, the prosecutor misinterprets the judgment and argues that “no nation or community can be accused of genocide for tragic events which took place before 1948” and claims that “the statements in question bring the Turkish nation and the state of the Turkish Republic under suspicion before history.” Even though not all defendants were members of the parliament at the time, the prosecutor argues that “it is unthinkable for a member of the parliament to carry out activities against the interests of the Turkish Nation of which he supposedly represents” and claims that “the statements in question openly degrade the Republic of Turkey and the Turkish nation before history and international community.” The prosecutor argues that these statements cannot be considered within the scope of freedom of expression and requests that 11 people be sentenced for “openly degrading the state of the Republic of Turkey.” Prosecutor Cihangir had also prepared the indictment against the Co-Chair of the Human Rights Association (IHD) Öztürk Türkdoğan following the complaint of Minister of Interior Süleyman Soylu. Citing the association’s press statement published on 29 June 2018, prosecutor Cihangir charged Türkdoğan with “insulting a public official.” Hearing the case against Türkdoğan, the Ankara 60th Criminal Court of First Instance acquitted Türkdoğan on the grounds that the elements of the offense Türkdoğan was charged with, did not occur. In a similar case, prosecutor Cihangir indicted expelled sociologist and author Veli Saçılık and charged him with “insulting a public official” upon complaints by Minister of Interior Süleyman Soylu and the Nationalist Movement Party Leader Devlet Bahçeli. The trial of Saçılık in this case still continues. Prosecutor Cihangir brought another lawsuit against IHD Co-Chair Öztürk Türkdoğan. Citing the press statement titled “Adalet ve Hakikat İçin Ermeni Soykırımı’nın İnkârına Son! [For Justice and Truth -End to the Armenian Genocide Denial!]” and which was published on the association’s website on 24 April 2017, prosecutor Cihangir charged Türkdoğan with  “degrading the Turkish Nation, state of Turkish Republic, the organs and institutions of the state.” The trial of Türkdoğan in this case still continues. The majority of the indictment against 11 people was copy/pasted from the indictment against Türkdoğan.
• The seventh hearing of the SLAPP suit brought against former Cumhuriyet daily reporter Hazal Ocak by former Minister of Treasury and Finance and Recep Tayyip Erdoğan’s son-in-law Berat Albayrak will be held in the Istanbul 33th Civil Court of First Instance, at 10.25. Ocak is sued for a news article published on Cumhuriyet daily on 20 January 2020 titled “Damat İşi Biliyor [Son-in-law knows the deal]” which revealed that Albayrak had purchased land on the Istanbul Canal Project route. The petition claims that Ocak’s reporting “twists the truth, is unrealistic and insulting” while also aiming to “defame Albayrak and slander his reputation.” Albayrak demands up to 200 thousand Turkish liras for non-material damages. At the sixth hearing of the trial held on 6 December 2022, the court had decided to wait for the finalization of the acquittal judgment handed down in the criminal lawsuit concerning the same news report.
• The first hearing of the trial in which journalist Sezgin Kartal whom MLSA represents in the court, faces “membership in a terrorist organization” charge will be held in the Istanbul 22nd High Criminal Court, at 14.00. In the indictment which he filed on 24 January 2023, the prosecutor presents a photograph which was allegedly found on the computer of a person whose house was raided on 16 September 2022 as part of a criminal investigation led by the Adana Chief Public Prosecutor’s Office. Citing historical traffic search records, the prosecutor emphasizes that Kartal was in Istanbul as of 1 January 2014 but then took the road towards Şanlıurfa’s Suruç district two days before the date when the cited photo was allegedly taken. Pointing out that cell towers stopped receiving signals from Kartal’s between 8.19 and 11.06 PM on September 26th, the prosecutor claims that this proves that Kartal went to Kobanê to take part in the activities of the armed terrorist organization as Google Maps show that the distance between Suruç and Kobanê is 10 kilometers. The prosecutor, however, fails to mention that the cited photo was taken in the daytime. Kartal, whose house was raided on 10 January Working Journalists’ Day, has been in pre-trial detention since 13 January 2023.
• The fourth hearing of the trial in which Evrensel daily’s managing editor Görkem Kınacı faces “inciting the public to hatred and hostility” charge will be held in the Bakırköy 21st Criminal Court of First Instance, at 14.10. In the indictment, it is stated that a criminal investigation was initiated against Kınacı after an anonymous report was made to the Presidential Communication Center (CIMER). In the indictment which was filed on 15 December 2021, the prosecutor presents a news article titled “Sakarya'da ırkçı saldırı: Baba hayatını kaybetti, oğlu tedavi altında [Racist attack in Sakarya: The father died, his son is receiving treatment].” Even though the said article was published in Evrensel’s website on 23 December 2018, the prosecutor gives 25 December 2019 as “the date of the offense.” The prosecutor claims that the attack which resulted in the death of a person was not racially motivated. Requesting Kınacı to be sentenced, the prosecutor claims that Kınacı “openly provoked the public to hatred and hostility by reporting the incident as if it was racially motivated.” At the third hearing of the trial held on 22 December 2022, the court decided to issue a writ to the Sakarya 1st High Criminal Court which is hearing the murder case to request the case file. At the third hearing, the court also decided to issue a writ to Evrensel daily to determine if the cited news article was also published in print and to ask for a copy to be sent to the court if it was published in print.

April 5th, Wednesday

• The eighth hearing of the trial in which journalists Hazal Ocak, Olcay Büyüktaş, İpek Özbey and Vedat Arık face “publishing the identities of state officials on anti-terror duty and/or identifying them as targets” and “violation of the privacy of personal life” charges will be held in the Istanbul 26th High Criminal Court, at 10.30. The indictment presents a news report by Ocak titled “Boğaz’da Kaçak Var [Illegal Construction at the Bosphorus] and published in Cumhuriyet daily on 14 April 2020 as evidence for the charges. In the news report, Ocak had shared with the public that next to Turkish Presidency’s Communications Director Fahrettin Altun’s home in Kuzguncuk, a pergola and a fireplace were constructed. The journalist documented that considering the fact that Altun’s home is located in the Boğaziçi Preview Zone, where construction is prohibited, these constructions by Altun were illegal. The prosecutor argues that “freedom of expression and dissemination of thought must at times be limited in order to protect the public and the state” and claims that Communications Director Altun must be considered as “having anti-terror duties and serving for this purpose considering his statements and activities against the terrorist organizations.” At the second hearing of the trial, the court accepted the intervention request by Fahrettin Altun. At the third hearing of the trial held on 24 June 2021, the prosecutor presented his final opinion as to the accusations. The prosecutor argued that considering that there has been a 24-hour protection decision about Altun and that Altun has “statements and efforts against terrorist organizations”, it has been established that Altun has “duties and responsibilities in the fight against terrorism.” At the fifth hearing of the trial held on 31 March 2022, without providing any reason, the court rejected the requests by the journalists’ lawyers for the court to hear Altun in the courtroom and to issue a writ to the Ministry of Internal Affairs so that the role of Altun in the fight against terrorism can be determined. At the sixth hearing of the trial held on 27 September 2022, journalists’ lawyers requested the court to examine the file of the lawsuit brought against the Üsküdar District Chair of the Republican Peoples’ Party Suat Özçağdaş for allegedly taking photographs of Fahrettin Altun’s house and in which Özçağdaş was acquitted. The court rejected the requests on the grounds that “it would not contribute to the case.” The court decided to send the case file to the prosecutor so that he can prepare his final opinion as to the accusations. At the seventh hearing of the trial held on 1 February 2023, the prosecutor presented his final opinion as to the accusations. Repeating the previous final opinion, the prosecutor requested the journalists to be sentenced for “identifying state officials on anti-terror duties as targets” and “violation of the privacy of personal life.”
• The sixth hearing of the trial in which journalist Can Dündar faces “espionage” charges will be held at Istanbul 14th High Criminal Court, at 11.40. This case file was first merged with “MIT Trucks Trial” in which Dündar was sentenced 27 years and 6 months in prison on the charges of  “espionage” and “assisting an armed terrorist organization”. The case file, however, was later separated at the sentencing hearing on June 8 because Dündar’s statement could not be taken for the “espionage” charge as he lives abroad. At the second hearing of the trial on 6 October 2021, the court accepted Recep Tayyip Erdoğan’s intervention request, arguing that he might be harmed by the alleged crime. At the fourth hearing of the trial on 23 June 2022, the court decided to accept the intervention request of the Presidency. At the fifth hearing of the trial held on 27 December 2022, the court decided to wait for Dündar’s extradition to Turkey.

April 6th, Thursday

• The fourth hearing of the trial in which journalist Rüstem Batum whom MLSA represents in court, faces “insulting the president” charge will be held in the İstanbul 12th Criminal Court of First Instance, at 10.25. The indictment, which was filed in 2021 presents five 2018 tweets which were included in an “open source investigation report” prepared by the Gaziantep Security Directorate on 8 May 2018.

April 7th, Friday

• The fourth hearing of the trial in which the Demokratik Modernite Magazine’s Managing Editor Ramazan Yurttapan, Agos Daily Armenian Pages Editor Pakrat Estukyan, lawyer Emran Emekçi, Mehmet Nimet Sevim and Cihan Doğan face “making propaganda for a terrorist organization” charge will be held in the Istanbul 30th High Criminal Court, at 09.50. The indictment presents the articles written by Estukyan, Emekçi, Sevim and Doğan and some sentences picked from the articles as evidence for the charges. The articles by three people who wrote for the magazine using pseudonyms are also cited in the indictment and the prosecutor argues that as per the Article 11 of the Press Law, Yurttan as the managing editor bears criminal liability for the statements in these articles as well. In addition to the articles, the prosecutor also cites the decision of the İstanbul 4th Criminal Judgeship of Peace banning the 36th issue of the magazine and ordering it to be pulled off the shelves. On May 18, 2022, the İstanbul 27th High Criminal Court ruled to merge the case file of Yurttapan, Estukyan, Emekçi, Sevim and Doğan with the file of the case in which Ramazan Yurttapan faces the same charge because of the 37th issue of the magazine. The İstanbul 27th High Criminal Court reasoned that there is “legal and actual connection” between the case files. At the second hearing of the trial held on 28 September 2022, the court decided to exempt the defendants who provided their statements from attending future hearings. At the third hearing of the trial held on 1 February 2023, the court decided to issue arrest warrants against Cihan Doğan and Nimet Sevim whose case files were merged and whose statements are yet to be taken.
• The ninth hearing of the trial in which exiled artist Ferhat Tunç faces “making propaganda for a terrorist organization” charge will be held in the Istanbul 37th High Criminal Court, at 10.40. The indictment presents eight tweets which Tunç had shared on his personal account and in which he criticized the Turkish army’s “Olive Branch operation” in Afrin, Syria as evidence against him.
• The ninth hearing of the trial in which journalist Mehmet Baransu faces “insulting the president”, “insulting a public official”, “insult” and “calumny” charges will be held in the Istanbul 60th Criminal Court of First Instance, at 14.30. The indictment lists retired general Çetin Doğan as “complainant.” President Recep Tayyip Erdoğan and the judges of the Istanbul Anadolu 4th High Criminal Court which heard “the Sledgehammer Coup Plot” Case are listed as “the injured party.” The indictment which was filed on 12 November 2019, presents the articles which Baransu wrote from prison and which were published in haberdar.com between 10 and 23 May 2016 as evidence for the charges. The prosecutor claims that Baransu insulted the president in his articles published on 11 and 13 May 2016; that he openly insulted and slandered Çetin Doğan in his articles published between 10 and 15 May 2016; that he insulted the judges because of their duties in his articles published between 15 and 23 May 2016. At the seventh hearing of the trial held on 30 September 2022, the court decided to send the case file to the prosecutor so that he can prepare his final opinion as to the accusations. At the eighth hearing of the trial held on 10 February 2023, the prosecutor presented his final opinion as to the accusations and requested Baransu to be sentenced for “insulting the president”, “insulting a public official”, “insult” and “calumny.”

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