Semra Pelek
An Istanbul court has ruled to request a case file from the Court of Cassation regarding a judge mentioned in an article by journalist Tolga Şardan, who is on trial for reporting on alleged irregularities in the Turkish judiciary. The move came during the ongoing trial in which Şardan is charged with “publicly disseminating misleading information” and “publicly insulting the judiciary.”
The hearing took place at the 2nd Criminal Court of First Instance in Istanbul. Şardan, a columnist for the independent Turkish news site T24, did not attend the session, but his attorneys Mustafa Gökhan Tekşen and Özlem Günel Tekşen were present.
Attorney Özlem Günel Tekşen cited a precedent-setting 2025 decision (file no. 2025/35) from the 22nd Criminal Chamber of the Ankara Regional Court of Justice, arguing that the legal conditions required for a conviction under Article 217/A of the Turkish Penal Code had not been met. The decision emphasized that this offense requires a specific intent to disrupt public order and cause fear or anxiety among the public — conditions she argued were absent in this case.
Tekşen also stressed that journalists are not obligated to disclose their sources, and that it would violate press freedom to insist that the judiciary or public officials rely only on state-issued information. She referenced a Constitutional Court ruling that found Turkey’s Communications Directorate lacked the authority to lead anti-disinformation efforts, and pointed out that the National Intelligence Organization (MİT) similarly has no mandate to issue public statements on such matters. On these grounds, she requested Şardan’s acquittal.
Attorney Mustafa Gökhan Tekşen added that the article referenced a former Chief Public Prosecutor of Istanbul’s Anadolu District, who had filed a complaint with the Council of Judges and Prosecutors (HSK) about another judge. That judge is reportedly the subject of a pending case before the 7th Criminal Chamber of the Court of Cassation. Tekşen requested that the file from that case be reviewed if it was found relevant to the current trial. Otherwise, he asked for the proceedings to be concluded with Şardan’s acquittal.
The presiding judge accepted the request to obtain the file from the Court of Cassation and postponed the hearing to April 30 at 2 p.m.
Background
Tolga Şardan faces charges stemming from his October 2023 article titled “What’s in the judiciary report MİT submitted to the Presidency?”, which alleged misconduct within the judiciary based on a reported intelligence briefing. The Istanbul Chief Public Prosecutor’s Office launched an ex officio investigation into the article.
Şardan was taken into custody from his home on Nov. 1, 2023. Following his statement to prosecutors, he was ordered arrested by the Istanbul 1st Criminal Judgeship of Peace on the grounds that the alleged offense qualified as a “catalog crime” — a category used in Turkish law for more serious offenses — and that he posed a flight risk or might tamper with evidence or exert pressure on witnesses or victims.
He was held for five days in Sincan Prison before being released. On Feb. 16, 2024, the prosecutor’s office filed a formal indictment, requesting up to five years in prison for “publicly spreading misleading information” and “insulting the judiciary.” The charges have been widely criticized by press freedom advocates as politically motivated and part of a broader crackdown on independent journalism in Turkey.
