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Turkish court acquits one journalist, jails three in “Kayda Geçsin” case

Turkish court acquits one journalist, jails three in “Kayda Geçsin” case

Rabia Çetin

A court in Istanbul has acquitted journalist Şule Aydın and handed prison sentences to three others over comments made during a television program that raised allegations about Turkey’s trade with Israel and alleged gold smuggling at Istanbul Airport’s VIP section.

The ruling was delivered at the Bakırköy 34th Criminal Court of First Instance, where journalists Timur Soykan, Barış Pehlivan, Şule Aydın and Murat Ağırel had been on trial over statements aired on Halk TV’s “Kayda Geçsin” program on Oct. 8, 2024. The court sentenced Soykan to 10 months in prison, while Ağırel and Pehlivan each received 1 year and 3 months. Aydın was acquitted of all charges.

Prosecutors had accused Soykan and Ağırel of “publicly disseminating misleading information,” “violation of confidentiality,” and “publicly denigrating religious values held by a segment of society.” Pehlivan and Aydın faced charges of “publicly disseminating misleading information” and “violation of confidentiality.”

The hearing began with a delay of about 2.5 hours. The journalists did not attend, but their lawyers were present. After identity verification, the prosecutor reiterated an opinion on the merits, requesting that the defendants be punished on the charges brought against them.

In defense statements responding to the prosecutor’s opinion, Aydın’s lawyer Gamze Pamuk argued that the assessment lacked legal basis, emphasizing that her client acted solely as the program’s moderator. She said no concrete act attributable to Aydın had been established and that the material elements of the alleged crimes were not met. Pamuk added that Aydın had acted within the bounds of criminal law and freedom of expression.

Lawyer Buse Şahin, representing Soykan and Pehlivan, said there was no clear link in the indictment or the prosecutor’s opinion between the alleged crimes and specific actions by her clients. She argued that the statements fell within the scope of freedom of expression and the public’s right to information, adding that Soykan was being targeted simply for asking questions during the broadcast. She called for their acquittal.

Murat Ağırel’s lawyer, Özge Naz Akkaya, also rejected the charges, arguing that the offense of spreading misleading information requires intent to incite fear or panic, which she said was absent. Akkaya stated that Ağırel’s remarks were based on statements by Turkey’s president, data from the Turkish Statistical Institute (TÜİK), and reports by state broadcaster TRT and Anadolu Agency. She also argued that criticism of “political Islam” does not constitute denigration of religious values, citing a ruling by Turkey’s Court of Cassation. On the confidentiality charge, she said the information shared concerned matters already in the public domain and did not violate any confidentiality order.

In its ruling, the court acquitted Aydın of both “violation of confidentiality” and “publicly disseminating misleading information.”

Soykan was acquitted of “publicly disseminating misleading information” and “denigrating religious values,” but was sentenced to 10 months for “violation of confidentiality.” The court also deferred the announcement of the verdict, a legal measure in Turkey that can prevent the sentence from being enforced if certain conditions are met.

Pehlivan was acquitted of “violation of confidentiality” but sentenced to 1 year and 3 months for “publicly disseminating misleading information.”

Ağırel was acquitted of “violation of confidentiality” and “denigrating religious values,” but sentenced to 1 year and 3 months for “publicly disseminating misleading information.”

The case is part of a broader pattern of legal proceedings in Turkey involving journalists and media figures, often centered on allegations of spreading misleading information or violating confidentiality, raising ongoing concerns among press freedom advocates.

 

 

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