By Elif Akgül
In the trial concerning journalists Ahmet Altan, Nazlı Ilıcak, Fevzi Yazıcı, and Yakup Şimşek, accused of having prior knowledge of the July 15 coup attempt in Turkey, a verdict has been reached. Nazlı Ilıcak received a prison sentence of 5 years and 3 months for "aiding an organization without being a member," Ahmet Altan was sentenced to 6 years, 3 months, and 18 days for the same charge, and Yazıcı to 1 year and 13 months, while Yakup Şimşek was acquitted.
The court maintained judicial control measures in the form of travel bans for Altan and Ilıcak, while lifting the travel ban for Yazıcı.
Prosecutor's opinion on the main issue presented
At the third hearing of the retrial, held today (February 14, 2024) at the Istanbul 26th High Criminal Court, the judge noted that the prosecutor's opinion on the main issue had been submitted to the file. Prosecutor Adil Berkay Saygın, repeating his opinion during the hearing, requested convictions for Altan, Ilıcak, and Yazıcı under Article 314/3 of the Turkish Penal Code, which pertains to "aiding an organization without being a member." He requested Şimşek's acquittal.
Altan's lawyer requests sending the file to the Constitutional Court
During the hearing, Ahmet Altan's lawyer Figen Albuga Çalıkuşu criticized the prosecutor's opinion for ignoring the European Court of Human Rights (ECHR) decision, arguing that if the prosecutor prepared it without seeing the ECHR decision, he is not doing his job properly, and if he did it despite seeing it, he is committing a constitutional crime. She requested the suspension of the trial and referral of the case to the Constitutional Court for violating the Constitution, but the court rejected this request.
Şimşek, speaking about the prosecutor's opinion, stated, "They say 'justice delayed is justice denied,' but I disagree. The prosecutor has made a fair request. I request my acquittal." Yazıcı, countering the prosecutor's opinion, mentioned a loan he withdrew from Bank Asya, arguing that if he had followed instructions to keep the money in the bank, it would have remained in his account. He emphasized that the prosecutor should gather evidence in his favor and claimed his right to benefit from doubt, requesting acquittal.
Ilıcak: "I was deceived just like the state officials"
Ilıcak refuted the claim of receiving instructions from the organization, noting that no document supported this allegation. She highlighted her consistent opposition to illegitimate interventions against the AK Party and questioned her alleged aid to the organization by pointing out her criticism of the Ergenekon and Sledgehammer trials. She also discussed her interview with the fugitive former prosecutor Zekeriya Öz and mentioned that at the time of the interview, Öz was not known as a member of a terrorist organization but was suspended for a Dubai trip financed by Ali Ağaoğlu. Ilıcak recalled her book "Is The Cemaat Behind Every Stone?" written in 2011 and noted that, like state officials who later claimed they were deceived, she too was deceived. She urged the court to consider her self-criticism, 50-year career, and conduct during the trials in its verdict.
Yazıcı's lawyer, Mesut Yazıcı, argued that the organization was not known as a terrorist group before the coup attempt, stating that what the state did not know could not be expected of an ordinary citizen, and requested acquittal. Ilıcak's lawyer, Kemal Ertuğ Derin, emphasized that his client was a dissenting journalist but never supported the coup, insisting on adherence to the Constitutional Court decision and citing a lack of evidence linking her to the organization, seeking acquittal.
Altan's defense attorney Figen Albuga Çalıkuşu criticized the prosecutor for not mentioning the ECHR decision in his opinion on the main issue, stating, "The prosecutor can radically change his opinion about Şimşek justifiably but ignores the ECHR decision." She reminded the judge and prosecutor that their stance on this case could affect their promotions, according to the principles of judicial advancement, and cited a decision of the Supreme Court's 16th Criminal Chamber, which binds the ECHR decisions. She argued that there was no evidence of any directive from the organization to her client and requested his acquittal.
Upon the presiding judge's question, the defendants reiterated their requests for acquittal in their final words.
The verdict
After a break for deliberation, the court announced its verdict at 15:45. For the charge of "aiding an organization without being a member":
- Nazlı Ilıcak was sentenced to 7 years in prison, reduced to 5 years and 3 months considering "the nature of the aid" and "good conduct";
- Ahmet Altan was sentenced to 7 years in prison, increased to 6 years, 3 months, and 18 days due to "the nature of the aid" and an increase under Article 5/1 of the Anti-Terror Law (TMK), with no reduction for good conduct since "he did not show remorse";
- Fevzi Yazıcı was sentenced to 5 years in prison, reduced to 1 year and 13 months considering "the nature of the aid" and "good conduct";
- Yakup Şimşek was acquitted due to a lack of convincing and definitive evidence regarding the alleged "membership in an organization."
The court decided to continue the travel bans for Ilıcak and Altan, while lifting Yazıcı's travel ban considering the sentenced prison time, the time he spent under judicial control, and in detention.
Background
Ahmet Altan, his brother Mehmet Altan, Nazlı Ilıcak, Fevzi Yazıcı (former visual director of the now-closed Zaman newspaper), Yakup Şimşek (the newspaper's former brand marketing director), and Şükrü Tuğrul Özşengül (a former faculty member of the Police Academy), were initially tried and sentenced to aggravated life imprisonment on February 16, 2018, for "attempting to overthrow the constitutional order" in relation to their alleged foreknowledge of the July 15 coup attempt. Following appeals, the Supreme Court's 16th Criminal Chamber ruled that the actions of Ahmet Altan and Nazlı Ilıcak constituted "knowingly and willingly aiding an armed terrorist organization," and that Yazıcı, Şimşek, and Özşengül should be tried for "membership in an organization." The Court also decided that Mehmet Altan should be acquitted. Subsequently, the Istanbul 26th High Criminal Court revised its earlier decision in line with the Supreme Court's ruling, reducing the sentences and changing the charges. Further appeals led to additional reviews and adjustments of the sentences by the Supreme Court.
