EYLEM SONBAHAR
ISTANBUL - In the ongoing trial of Deniz Yücel, a writer for Die Welt newspaper and the PEN Berlin Spokesperson, the request for his defense to be conducted in Germany was denied, and the arrest warrant against him will persist.
The seventh hearing of the trial of journalist Deniz Yücel, represented by the Media and Law Studies Association (MLSA), centered on charges of "insulting the president" and "publicly insulting the Turkish nation, the State of the Republic of Turkey, the Grand National Assembly of Turkey, the government of the Republic of Turkey, and the judicial organs of the state." This hearing took place at Istanbul's 2nd Criminal Court of First Instance.
Yücel, who resides in Germany, did not appear at the hearing, which commenced two hours behind schedule, though his attorney was present. During the hearing, officials from the German Consulate were also in attendance. Yücel's attorney informed the court that they had submitted a written request to lift the arrest warrant against the journalist. Additionally, the lawyer urged the court to provide a letter to the German Consulate to support Yücel's defense, given his residence in Germany, reiterating the request to lift the arrest warrant.
The judge responded, stating, "The German government is returning the documents, citing political content. Should I write again, it will yield the same result."
Subsequent to the prosecutor's request for resolution of outstanding issues, the court dismissed the plea for a new proceeding, asserting that German authorities returned the documents related to Yücel's defense under Article 2 of the European Convention on Mutual Legal Assistance in Criminal Matters, General Provisions. The court determined to await the execution of the arrest warrant against Yücel and adjourned the hearing until February 27, 2024.
Background:
Last year, the Istanbul 32nd High Criminal Court sentenced Yücel to 2 years and nine months in prison for "making propaganda for a terrorist organization." Subsequently, the court filed two separate criminal complaints against Yücel under Article 301 of the Turkish Penal Code. The complaints cited two articles published in October 2016, accusing Yücel of "insulting the State of the Republic of Turkey, its government, judicial organs, and the security organization of the state." Additionally, Yücel was charged with "insulting the President" under Article 301 of the Turkish Penal Code due to a different article dated November 6, 2016, where he had referred to President Erdoğan as a "coup plotter."
The two articles in question contained the statement "Kurds should not see their mothers" and the phrase "genocide against Armenians," which were deemed sufficient grounds for filing a criminal complaint under Article 301 of the Turkish Penal Code. The Istanbul Chief Public Prosecutor's Office Press Crimes Investigation Bureau prepared the indictment, which was subsequently accepted by the Istanbul 2nd Criminal Court of First Instance. The court that tried Yücel filed the criminal complaint on September 11, 2020, and permission to prosecute under Article 301 of the Turkish Penal Code was granted by the Ministry of Justice on March 11, 2021. The prosecution is seeking a sentence of up to two years in prison for Yücel.
