- MLSA's Legal Unit has appealed the sentence of 1 year and 3 months in prison handed to journalist Erdoğan Alayumat, along with the court’s decision to suspend the announcement of the verdict.
- The appeal argues that prosecutors failed to prove the news report cited as evidence was written by Alayumat and that its content does not meet the legal criteria for the offense of “terrorist propaganda.”
ISTANBUL — MLSA's Legal Unit has appealed a sentence of 1 year and 3 months in prison handed to journalist Erdoğan Alayumat by Istanbul's 25th High Criminal Court, along with the court’s decision to suspend the announcement of the verdict (HAGB).
In the appeal, submitted to the Istanbul Regional Court of Appeals, MLSA argued that it was unlawful for the court to acquit Alayumat of the charge of “membership in a terrorist organization” while convicting him in the same case of “terrorist propaganda.” The filing requests that both the conviction and the suspended verdict be overturned and that Alayumat be acquitted.
No elements of terrorist propaganda offense were established
The appeal states that under Article 7/2 of Turkey’s Anti-Terror Law (TMK), the offense of “terrorist propaganda” can only be established if a statement legitimizes, praises or encourages an organization’s use of violence, force or threats.
The defense argued that the news report cited as the basis for Alayumat’s conviction, titled “HSM Shares the Identities of 17 Guerrillas Who Died as a Result of Chemical Weapons,” does not meet those criteria. The filing contends that the article contains no calls for violence, hate speech or statements that justify acts of terrorism.
‘No proof the report was written by Alayumat’
MLSA lawyers noted that the report in question did not carry Alayumat’s byline and that the journalist consistently stated throughout the proceedings that he had not written the article.
The appeal argues that neither the police report nor the indictment presented concrete evidence showing that Alayumat authored the news report, and that the conviction was therefore based on assumptions.
In its defense statements, MLSA said that criminal liability can only be attributed to a defendant on the basis of concrete and credible evidence, adding that this standard was not met in Alayumat’s case.
‘Journalistic activities were criminalized’
The appeal notes that Alayumat has worked as a journalist for nearly 18 years, with reports published by various media outlets, and has engaged in rights-focused journalism.
The filing recalls that, in its reasoned judgment, the court acknowledged that numerous reports and interviews produced by Alayumat fell within the scope of legitimate journalistic activity. It argues, however, that the court’s decision to convict him over a single news report is contradictory.
The lawyers also cited European Court of Human Rights case law on the press’s role as a “public watchdog” in a democratic society, arguing that journalistic activities should be subject to criminal sanctions only when they clearly incite violence.
‘Unlawfully obtained evidence was used’
The appeal also challenges the use of evidence obtained through a “virtual patrol” surveillance method that was previously struck down by Turkey’s Constitutional Court.
In its defense statements, MLSA argued that evidence obtained through unlawful means cannot be used as the basis for a criminal conviction, contending that its use in the case violated Alayumat’s right to a fair trial.
Objection also filed against suspended verdict
MLSA lawyers also challenged the court’s decision to suspend the announcement of the verdict (HAGB), arguing that it was unlawful.
The appeal states that because the legal elements of the offense were not established and Alayumat should have been acquitted, the application of HAGB could nevertheless have adverse consequences for the journalist’s professional and social life.
About the case
Mezopotamya Agency (MA) reporters Esra Solin Dal and Mehmet Aslan, along with journalist Erdoğan Alayumat, were detained on April 23, 2024, as part of an Istanbul-based investigation. After being held in custody for three days, the journalists were arrested on April 26, 2024, on charges of membership in a terrorist organization.
In a ruling announced on June 9, Istanbul’s 25th High Criminal Court acquitted Dal and Aslan. The court also found that the charge of terrorist organization membership was not established in Alayumat’s case. However, it concluded that his actions fell within the scope of Article 7/2 of Turkey’s Anti-Terror Law, sentencing him to 1 year and 3 months in prison for terrorist propaganda and ordering the suspension of the announcement of the verdict (HAGB).
