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Journalism and freedom of expression trials: Week of February 1

Journalism and freedom of expression trials: Week of February 1
This week, the hearings of several journalism and freedom of expression trials will be held. Below is the list of these hearings:

1 February Tuesday

  • The seventh hearing of the suit for damages brought against journalist Çiğdem Toker by the Turkey Technology Team Foundation (T3 Foundation) will be held in the Istanbul Küçükçekmece 10th Civil Court, at 11:30. The lawsuit was brought against Toker after her article titled “Service Report of IBB to Foundations” in Sözcü Newspaper on 28 January 2019. The article shared the details of the report titled “Non-Governmental Organizations – School – Dormitory Activity Report” prepared by the Istanbul Metropolitan Municipality (IBB). In the lawsuit petition, the Foundation’s lawyers claim that the article was baseless and constitutes defamation. In the petition, it was also stated that “the patriotism of those who wrote and published this article must be questioned.” In the petition, a fine of 80 thousand liras for non-pecuniary damages are demanded. At the last hearing on September 23, 2021, both the presiding judge and the court hearing the case were changed.
  • The second hearing of the trial where Birgün daily Sports Editor Eren Tutel faces “insulting a public official” charge will be held in the Istanbul 2nd Criminal Court of First Instance, at 10:40. The case was brought against Tutel who reported on the scandals at Turkey Wushu Federation (TWF) upon the complaint of TWF Deputy Chairman Abdurrahman Akyüz and his daughter Elif Akyüz. The prosecution demands up to two years imprisonment for Tutel. At the last hearing on September 30, the court accepted the intervention requests by Abdurrahman Akyüz and Elif Akyüz on the grounds that “they might have been harmed by the crime committed.”
  • The third hearing of the retrial where Şebnem Korur Fincancı, Erol Önderoğlu and Ahmet Nesin face “making propaganda for a terrorist organization”, “incitement to commit an offense” and “praising a crime and a criminal” charges will be held in the İstanbul 13th High Criminal Court, at 13:30. Şebnem Korur Fincancı and Erol Önderoğlu are being retried at the “Özgür Gündem Solidarity Trial” after the 3rd Penal Chamber of Istanbul Regional Court of Appeal overturned the acquittal verdict of three human rights defenders on November 2020.

2 February Wednesday

  • The 11th hearing of the trial where exiled musician Ferhat Tunç faces “inciting the public to hatred and hostility” charge will be held in the Büyükçekmece 4th Criminal Court of First Instance, at 09:45. The indictment presents a tweet in which Tunç criticized the 2017 Referendum as evidence against him.
  • The eighth hearing of the trial where the proprietor of the since-shuttered Azadiya Welat newspaper Ramazan Ölçen faces “membership in a terrorist organization” charge will be held in the Diyarbakır 11th High Criminal Court, at 10:05. The indictment presents Ölçen’s proprietorship of Azadiya Welat and his possession of “illegal” publications as evidence against him. The indictment requests that Ölçen be sentenced to 15 years in prison.
  • The ninth hearing of the trial where three journalists, including Osman Akın and Veysi Sarısözen face “making propaganda for a terrorist organization”  charge will be held in the İstanbul 13th High Criminal Court, at 10:15. The indictment presents the news and articles published in Yeni Yaşam newspaper where Osman Akın was the editor-in-chief as evidence against the journalists. The prosecutor claims that the newspaper published news and articles which “legitimize the violent and threatening actions of the terrorist organization.”
  • The second hearing of the trial where journalist Ahmet Kanbal faces “disclosing or publishing the identity of a public official on anti-terrorist duty and identifying such persons as a target” and “insulting a public official” charges will be held in the Aydın 3rd High Criminal Court, at 15:00. The indictment was prepared after the criminal investigation launched per complaint by Musa Çitil against Eren Keskin and Artı Gerçek reporter Yağmur Kaya.  The indictment by the Aydın Chief Public Prosecutor’s Office cites a tweet Kanbal had shared on this personal account in which he quoted the interview with the Co-chair of the Human Rights Assocation (İHD) Eren Keskin about specialist sergeant Musa Orhan who sexually assaulted İpek Er and drove her to suicide. In his tweet, Kanbal had reminded that Musa Çitil stood trial on similar charges in the 1990s and was acquitted. At the first hearing of the trial held on December 10, 2021, the prosecutor presented his opinion and requested that Kanbal be sentenced for  “disclosing or publishing the identity of a public official on anti-terrorist duty and identifying such persons as a target.”

3 February Thursday

  • The 11th hearing of the trial where Kurdish newspaper Xwebun columnist and Kurdish linguist Mehmet Şahin faces “founding and managing a terrorist organization” charge for his activities within Democratic Society Congress (DTK) will be held in the Diyarbakır 5th High Criminal Court, at 09:10. The indictment cites among other things Şahin’s phone conversations with news sources and the press statement he had attended as evidence against him.
  • The ninth hearing of the trial where nine people including since shuttered Dicle News Agency’s former reporter Selman Keleş face “defying the Law on Assemblies and Demonstrations no. 2911”  and “making terror propaganda” charges will be held in the Van 4th High Criminal Court, at 09:40.
  • The 12th hearing of the trial where journalist Hayko Bağdat whom MLSA represents in court faces “insulting the president” charge will be held in the İstanbul 51st Criminal Court of First Instance, at 10:20. The indictment, which was prepared after a criminal complaint filed by the General Secretariat of the Presidency, cites nine sentences uttered by Bağdat on his TV show on Bugün TV which was aired on September 1, 2015 as evidence against the journalist.
  • The seventh hearing of the trial where journalist Buse Söğütlü faces “disclosing or publishing the identity of a public official on anti-terrorist duty and identifying them as a target” charge will be held in the İstanbul 33rd High Criminal Court, at 11:40. The indictment presents Söğütlü’s retweet in which she quoted the news report by the newspaper where she worked and commented about the former Presiding Judge of  İstanbul 37th High Criminal Court Akın Gürlek as evidence against the journalist.  At the last hearing on April 14th, the court demanded that Söğütlü provide her defense against “insulting a public official” charge which is not included in the indictment. Before the hearing on September 14, 2021, Akın Gürlek had submitted a petition to the court and asked that journalist Söğütlü be sentenced for “disclosing or publishing the identity of a public official on anti-terrorist duty and identifying them as a target” not for “insult.” At the last hearing on September 14, the prosecutor requested that Söğütlü be sentenced for “disclosing or publishing the identity of a public official on anti-terrorist duty and identifying them as a target.” The January 27 hearing, which was expected to be the sentencing hearing was adjourned because the presiding judge was changed.
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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.