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Press Freedom Bulletin for the week of March 11

Press Freedom Bulletin for the week of March 11
  • The court that acquitted journalist Sedat Yılmaz wrote its reasoning: Secret witness statements were unconvincing, and MASAK reports insufficient.
  • A significant decision emerged from the Constitutional Court following MLSA Legal Unit's application regarding travel bans: Travel bans constitute a violation of the right to respect for private life.

While press freedom cases were heard for journalists in different cities this week, pressures on journalists continued.

However, MLSA Legal Unit obtained an important decision this week at the Constitutional Court against travel bans frequently imposed on journalists. Nevertheless, during the same period when the Constitutional Court deemed travel bans as a violation of the right to privacy, one local court trying journalist Abdurrahman Gök did not lift his overseas travel ban.

The court, which wrote the acquittal reasoning for journalist Sedat Yılmaz, represented by MLSA, also found the secret witness statements, which also led to the indictment of journalist Dicle Müftüoğlu, unconvincing.

March 11, Monday

Reasoning for Sedat Yılmaz's acquittal written: Secret witness statements and evidence not convincing! After spending 230 days in custody pending trial for his journalistic activities, journalist Yılmaz, who was released on bail at the first hearing, was acquitted at the second hearing, and the panel explained its decision. The court did not find the secret witness statements, which led to Yılmaz's trial, convincing, nor did it deem MASAK reports as sufficient evidence.

Significant decision from the Constitutional Court on freedom of expression: Violation of the right to respect for private life. In a new violation decision regarding overseas travel bans, the Constitutional Court ruled that travel bans are not compatible with a democratic society and constitute interference with private life. This decision marked the second violation decision in two weeks for MLSA Legal Unit's applications regarding measures involving travel bans.

The appeal against the sentence given to Neşe İdil for her tweets about Kobane was rejected; MLSA will take the case to the Constitutional Court. MLSA Legal Unit's appeal against the 1 year and 3 months prison sentence given to İdil for the allegation of "terrorist propaganda," the announcement of which was postponed, was rejected.

A case was filed against journalist Naci Sapan for his article titled "Trustees and their trustees." A defamation case was filed against Tigris News Coordinator Naci Sapan for his article regarding the sale of land worth 800,000 TL, citing the Diyarbakır Metropolitan Municipality Trustee and Governor Ali İhsan Su, and members of the tender commission mentioned in the news, on the grounds of "insult."

March 12, Tuesday

Abdurrahman Gök: The overseas travel ban is a second punishment for me. The overseas travel ban was not lifted for journalist Gök, who was detained for 225 days on charges of "being a member of a terrorist organization" and "making terrorist propaganda" during the third hearing of the trial opened on the grounds of his journalistic activities. 

Mezopotamya Agency faced access restrictions on World Day Against Internet Censorship. The site was blocked by Erzurum's 1st Criminal Peace Judgeship citing "national security and public order." The agency announced that it would continue its publication via https://mezopotamyaajansi.net.

Important decision from the Court of Cassation regarding journalist Boğatekin after 16 years. Hacı Boğatekin's 16-year legal battle began with the publication of the headline "FETÖ and Apo" in Gerger Fırat newspaper on January 4, 2008. After years of trial, the 8th Criminal Chamber of the Court of Cassation overturned the verdict. Thus, Hacı Boğatekin has the opportunity to be retried and acquitted.

The Board of Obscene Publications found the cartoon in Leman magazine "indecent." A report was prepared by the Board of Obscene Publications regarding the cartoon titled "Sex during the Pandemic" by cartoonist Zehra Ömeroğlu in the satire magazine LeMan. The Board claimed that the cartoon "offended the modesty and shame of the public, and incited and exploited sexual desires in a manner contrary to general morality." Ömeroğlu is preparing to file a lawsuit in the Administrative Court to overturn the Board's decision.

Police who tortured Beyza Kural fined, a new criminal complaint for 'violence'. Three police officers who attempted to handcuff Kural during a news follow-up and detain her were fined 9,000 TL. The judge decided to file a criminal complaint against the defendant police officers for "assault" and "obstruction of freedom of expression."

30 years have passed since the disappearance of journalist Nazım Babaoğlu, his file will be dropped due to statute of limitations. The file of journalist Nazım Babaoğlu, who went to Siverek on March 12, 1994, for news coverage and has not been heard from since is facing a 30-year statute of limitations.

The new judiciary package was published in the Official Gazette. The provision of "committing a crime on behalf of an organization," which was annulled by the Constitutional Court, is being reintroduced, and in lengthy trials, recourse will be made to the compensation commission before the Constitutional Court. You can click on the link in the title to access the information note prepared by the MLSA Legal Unit regarding the package.

March 14, Thursday

The European Parliament adopted the world's first artificial intelligence law. The use of artificial intelligence poses risks to human rights is prohibited, including facial recognition systems. The regulation determines risk groups according to the areas of use of artificial intelligence and imposes restrictions on their use. The law will come into force within two years.

A lawsuit was filed under the Censorship Law against the news titled "Judge raided school for his wife." The news, made by Medyasope Diyarbakır Representative Ferit Arslan, was first denied by the Chief Public Prosecutor's Office. Then an indictment was prepared on charges of "spreading misleading information to the public."

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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.