- This week, as part of press and freedom of expression cases, a total of 95 people appeared before judges in nine separate trials, eight of which had hearings and one of which reached a verdict. Among the defendants were journalists, lawyers, students, activists, and writers.
- In these cases, defendants were predominantly tried on charges such as “propaganda for a terrorist organization,” “aiding a terrorist organization,” and “openly inciting to commit a crime.” Social media posts, news content, and open-source research were notably used as evidence.
- The hearings raised concerns about violations of the right to a fair trial, with issues such as inadequate courtroom facilities, heavy police presence, delayed start times, hearings being held briefly and closed immediately due to the judge being on leave, and instances of detention without a court ruling.
MLSA – The only acquittal of the week was given in the case of lawyer Fırat Epözdemir, a member of the Istanbul Bar Association’s executive board. Epözdemir, who was detained and arrested upon returning from a Council of Europe visit in Strasbourg, was acquitted in the trial where he was charged with “membership in a terrorist organization” and “propaganda for a terrorist organization.” The court ruled that “it could not be proven that the defendant committed the alleged crime” and that “the elements of the crime had not occurred.” The acquittal was reported in the news story titled Istanbul Bar Association executive board member Fırat Epözdemir acquitted.
Meanwhile, in a trial in Istanbul against lawyers from the Association of Lawyers for Freedom (ÖHD) and members of TUAD (an association of families of prisoners), 28 of the 50 defendants were sentenced to prison, while 11 were acquitted. The verdict once again sparked concerns about the judicial approach toward freedom of expression and freedom of association.
It was revealed that French journalist Raphaël Boukandoura was held for two days without any court order. The Held for two days without a court decision news report covered developments related to his case.
In Ankara, the fourth hearing of the trial of 14 individuals charged for participating in the 2022 Middle East Technical University (ODTÜ) Pride March was held. While defense statements were being heard, the physical inadequacy of the courtroom and the heavy police presence stood out. The trial was postponed to April due to the inability to complete the defense statements.
At the Istanbul 9th Criminal Court of First Instance, the trial of 20 people, including journalist Fatoş Erdoğan, on charges of “openly inciting to commit a crime” was postponed to June due to the judge being on leave, with the session briefly opened and closed. Social media posts and cyber police investigations were cited as evidence in the case file.
In trials held in Diyarbakır, publishing and journalism activities were targeted. In the trial of journalist Hakkı Boltan and publishing house employee Delil Zengeralp—opened due to books exhibited at theAram Publishing House stand at the Diyarbakır Book Fair—the court postponed the hearing, granting additional time for the prosecution to prepare its opinion. This development was reported in the news story Time requested for prosecution opinion in Aram Publishing House case.
That same week, in the trial of journalist Berivan Kutlu, who is being prosecuted for her social media posts after the Kahramanmaraş earthquakes, the court postponed the case to a later date to allow time for the prosecution's opinion.
In another case at the Ankara 39th Criminal Court of First Instance, five people being tried for participating in the March 19 protests did not receive a verdict; after the defense statements, the case was postponed to April.
At the Diyarbakır 8th High Criminal Court, in the trial of writer Azad Zal on charges of “membership in a terrorist organization,” the hearing was postponed to the next session while awaiting the prosecutor’s opinion.
One of the week's key hearings was the retrial of journalists Ahmet Altan and Nazlı Ilıcak, who are being retried at the Istanbul 26th High Criminal Court on the charge of “aiding a terrorist organization without being a member,” following a reversal of the previous verdict by the Court of Cassation. During the first hearing, the charges were read aloud, and the trial was postponed to March to allow time to prepare defense statements in response to the main prosecution opinion.
Other developments
Outside the courtrooms, interventions against freedom of expression also made headlines throughout the week.
- Zilan Gül, a staff member of the newspaper Yeni Yaşam, was detained in a house raid and released a few days later.
- Journalist Sedef Kabaş was detained due to her social media posts and released under judicial control conditions.
- French journalist Raphaël Boukandoura was revealed to have been held for two days without a legal decision, as covered in the report.
The week of Jan. 26 once again highlighted the ongoing pressure on freedom of expression both inside and outside the courtroom, with many trials characterized by uncertainty and repeated postponements.
