In the reasoned decision for the sentences given to Ertuğrul Mavioğlu and Çayan Demirel, directors of the documentary "Bakûr," the court described the film as a "so-called documentary" and found the directors' defenses "uncredible." The court, in its reasoned decision, argued that Çayan Demirel, who is reported to be 99% disabled and in need of constant care, is fully criminally competent, dismissing objections regarding his ability to stand trial. Ertuğrul Mavioğlu, one of the directors, commented on the sentence: "This punishment given to the directors is a lesson. I hope that no one takes it as a lesson and does not mince their words."
The Batman 2nd High Criminal Court released the reasoned decision for the 2 years and 1 month prison sentences given to journalist Ertuğrul Mavioğlu and director Çayan Demirel for "making propaganda for a terrorist organization" through the media.
Directors' defenses deemed 'attempts to escape punishment'
While repeatedly using the term "so-called documentary film" for "Bakûr" in the reasoned decision, the court noted the absence of a registration certificate from the Ministry of Culture and Tourism Copyrights Directorate General for the film. The decision also highlighted images, speeches, and writings in the documentary as elements of a crime, alleging that the film attempted to portray the lives of PKK members as "relaxed" and "fun."
In the decision, it was stated that the defenses by Mavioğlu, Demirel, and their lawyers—that the documentary's screening was within the scope of freedom of expression, the footage was taken during the organization's withdrawal and peace process, and the film did not incite force and violence—were found to be "attempts to escape punishment."
The decision assessed whether Çayan Demirel, who is 99% disabled and in need of constant care due to brain damage from a heart attack, was criminally competent. The decision stated that, considering Demirel’s medical records and the Forensic Medicine Institute report, he had lost 60% of his working capacity and his disability was chronic:
"The defendants are being tried not for the film’s release but for its content being alleged propaganda for a terrorist organization. Considering Çayan's disability is not mental, it was concluded that he was fully criminally competent during the filming and these objections are not credible.”
The court argued that according to the European Court of Human Rights decisions, the documentary's content suggested an organizational purpose, so it could not be evaluated within the scope of thought and organization.
Court: The film's banned status does not preclude sentencing
The decision further stated: "The purpose of the so-called documentary film made by the defendants is to support the weakened organization due to the peace process. The innocent images and expressions in the film together are claimed to encourage rebellion. In its overall assessment, the film is considered to contain hate speech, portraying members of the organization as heroes while depicting the soldiers fighting terrorism as enemies."
It was argued that the directors, being the creators of the film, are criminally responsible and the charges against them are proven.
Mavioğlu: Bakûr targeted for showing a reality different from the state's narrative
Ertuğrul Mavioğlu, one of the directors of "Bakûr," spoke about the reasoned decision and the pressure on the documentary. He mentioned that "Bakûr," showing a reality different from the state's narrative, faced censorship. Mavioğlu emphasized, "The state's heavy-handed approach is mainly because the PKK is not depicted as the state wants in this documentary. They label 'Bakûr' as 'terrorist propaganda' and 'so-called documentary' to demean and slander it. Our work as an independent film team is merely documenting the reality there and presenting it to the public. There is no other intention or effort. I underline that this is not a propaganda film. I told the judges that if they are looking for propaganda, it can only be peace propaganda."
‘Judges cannot decide the nature of an artistic work’
Mavioğlu criticized the court for using terms like "so-called documentary" and not evaluating the film within the context of art and freedom of expression:
"The court’s use of terms like 'so-called documentary' is beyond overstepping. In a country where judges decide what nature an artistic work carries, it becomes impossible to conduct artistic activities. Judges and prosecutors deciding which is art, which is a documentary, which news or idea is beneficial or harmful, or which thought is terrorism, make it impossible to discuss freedom of expression. The judiciary has turned into a tool for the state and government to beat up anyone who steps outside their line. A film that has won awards at prestigious festivals around the world has become a subject of punishment in Turkey. This is a shameful situation for Turkish law, justice, and the state."
‘If we mince our words, the only thing awaiting us is darkness’
Mavioğlu pointed out that the decision once again exposes the lack of freedom of expression in Turkey, “This decision stands as a threat to every area required by freedom of expression. This is a threat to journalists, TV presenters, documentary makers, directors, cinema editors, novelists – everyone. It's saying, ‘If you do similar things, if you probe the truth, if you strive to reveal the reality, you will go to jail.’ The state says, ‘You can operate within my boundaries, but I don’t recognize any artistic freedom of expression.’ In this sense, the punishment given to the directors of 'Bakûr' is a lesson. We should not mince our words. I don’t want anyone to take it as a lesson. Nobody should mince their words. If we, including myself, mince our words, the only thing that awaits us in the future is darkness. Nothing else.”
Background of the case
The 92-minute documentary "A Guerrilla Documentary: Bakûr" (North), directed by journalist Ertuğrul Mavioğlu and director Çayan Demirel, and produced by Ayşe Çetinbaş, began on March 21, 2013, with Abdullah Öcalan's call for PKK to withdraw.
The documentary, which took two years to prepare, started in 2013 and was presented to the audience in 2015. It was supposed to be screened in the non-competitive category at the 34th Istanbul Film Festival. However, the Istanbul Foundation for Culture and Arts (İKSV) canceled the screening, citing a warning letter about the "registration certificate" sent by the Ministry of Culture and Tourism on April 11.
Two years after the documentary's screening, a case was filed against its two directors, Ertuğrul Mavioğlu and Çayan Demirel, for "making propaganda for a terrorist organization."
The Batman 2nd High Criminal Court sentenced Mavioğlu and Demirel to 4 years and 6 months in prison on July 18, 2019. The Gaziantep Regional Court of Justice 4th Penal Chamber overturned the lower court's decision on the merits.
