The Court of Cassation has overturned the prison sentence of journalist and academic Prof. Dr. Vedat Demir, who had been convicted of membership in a terrorist organization. The court ruled that criticizing the seizure of media institutions and writing for a newspaper shut down by a decree-law did not constitute a crime.
By Deniz Tekin
Prof. Dr. Vedat Demir, a journalist and academic who was dismissed by a decree-law (KHK), was detained on July 24, 2016, based on accusations from the then-rector of Istanbul University. Demir was accused of making evaluations about the July 15 coup attempt and the seizure of media groups, and of writing for a publication closed by a decree-law. He was held in custody for seven months before being released and was subsequently sentenced to six years and eight months in prison by the Istanbul 14th High Criminal Court on November 30, 2020, for being a member of a terrorist organization.
The Court of Cassation's 3rd Criminal Chamber reviewed Demir’s appeal and overturned the verdict, stating that the criteria for determining membership in an organization were not met. The court emphasized that true membership entails unquestioningly following orders within the organization's hierarchy.
In its ruling, the Court of Cassation noted that criticizing the seizure of media outlets does not constitute a crime. The decision stated, "The local court's ruling is unlawful, as there were insufficient and unconvincing evidences of organizational membership. Criticism of the organization’s known operational activities post-operations does not prove involvement or aiding knowingly and willingly."
The case has been sent back to the Istanbul 14th High Criminal Court for retrial, expected to commence in the coming months.
Case background
Following the July 15, 2016, coup attempt, the Rectorate of Istanbul University reported 34 academics, including Prof. Dr. Vedat Demir from the Faculty of Communication, to the Istanbul Chief Public Prosecutor's Office, alleging ties to the Gülen movement. This led to an investigation and subsequent detainment of Demir and 33 other academics on charges of being members of a terrorist organization.
Demir was detained at his home on July 24, 2016, and was arrested on August 8. His newspapers, magazines, books, phone, and computer were seized as evidence. While he was in prison, Demir was dismissed from his position at Istanbul University by a decree-law issued on September 2, 2016. He was released on February 16, 2017, after seven months in custody.
On November 30, 2020, the Istanbul 14th High Criminal Court sentenced Demir to six years and eight months in prison for being a member of a terrorist organization. In the same case, 22 other academics received various prison sentences, while 10 were acquitted.
The court's reasoning for Demir's conviction included his statements to the press criticizing the seizure of Koza İpek media outlets and the suspension of Kanaltürk, Bugün TV, and Zaman newspaper, as well as his articles in these now-closed media outlets. The court argued that Demir's comments were intended to exonerate the organization's members by portraying them as victims of injustice.
The court also pointed to Demir's comments suggesting that the coup attempt was orchestrated by President Recep Tayyip Erdoğan, describing the events as "theater, charade, or play," as evidence of trying to absolve the organization. His columns in the now-closed Yarına Bakış newspaper and his interviews were also presented as evidence of his alleged affiliation with the Gülen movement.
European Court of Human Rights ruling
The Constitutional Court of Turkey deemed Demir's individual application inadmissible, stating that his detention was unlawful.
Demir subsequently took his case to the European Court of Human Rights (ECHR). On June 25, 2024, the ECHR ruled in Duymaz and Others v. Turkey that Demir’s detention was based on insufficient evidence and violated his right to liberty and security, ordering Turkey to pay him 5,000 Euros in compensation.
