A Turkish court has sentenced former Turkish Industry and Business Association (TÜSİAD) Chair Orhan Turan and TÜSİAD High Advisory Council Chair Ömer Aras to 1 year, 3 months and 18 days in prison for “publicly spreading misleading information.” The court ruled that the announcement of the verdict will be deferred.
Rabia Çetin
The ruling came in a case stemming from speeches the two delivered at a TÜSİAD general assembly meeting.
The fourth hearing of the case against Turan and Aras was held at the Istanbul 28th Criminal Court of First Instance, in Turkey’s largest city.
The two were tried over speeches they delivered at the TÜSİAD general assembly on Feb. 13, facing charges of “publicly spreading misleading information” and “attempting to influence a trial in a chain manner.” Journalism organizations in Turkey have described the charge of spreading misleading information as part of the so-called “censorship law.”
Turan and Aras attended the hearing along with numerous lawyers.
After the court completed identity verification procedures, the prosecutor repeated the opinion on the merits previously presented in the last hearing, requesting that the two be punished for “publicly spreading misleading information” and “attempting to influence a trial in a chain manner.”
Aras: “There is no criminal intent”
Ömer Aras delivered the first defense statement against the prosecutor’s opinion on the merits. He said his remarks had been taken out of context.
“There is neither criminal intent nor any action that constitutes a crime. The sentences cited in the indictment have been taken out of context. The main theme of my speech was economic development. The sentences that are the subject of the accusation concern the scientific link between the economy and law,” Aras said.
Aras said his speech did not aim to influence the judiciary or create fear in the public and requested acquittal.
Lawyer: “Within the scope of freedom of expression”
Aras’ lawyer, Naim Karakaya, said the speech should be evaluated within the scope of freedom of expression.
“In trials related to freedom of expression, as also stated in European Court of Human Rights rulings, evaluating a speech piece by piece is not legally valid. The speech text has been taken out of its context and turned into the subject of a crime,” he said.
Karakaya also said the speech was delivered at the general assembly of an association and addressed to its members, and asked for his client’s acquittal.
Another of Aras’ lawyers, İsmail Hakkı Başaran, also argued that the speech contained no expression aimed at influencing a trial.
“Law is not only the subject of courthouses; it is the concern of the entire country. There is an inseparable link between the economy and law,” Başaran said.
Turan: “I do not accept the accusations”
Orhan Turan also rejected the accusations in his defense statement.
“My only aim is to contribute to my country reaching a more prosperous level. As someone who has devoted his life to the prosperity of his country and who believes in the rule of law, I do not accept the prosecutor’s accusations,” Turan said.
Turan’s lawyer, Köksal Bayraktar, argued that the speech constituted commentary. Bayraktar said the prosecution had failed to prove that the statements were untrue and requested his client’s acquittal.
After the defense statements, the court announced its ruling.
The court acquitted both Turan and Aras of the charge of “influencing a fair trial.”
However, it sentenced the two separately to 1 year, 3 months and 18 days in prison for “publicly spreading misleading information.”
The court also ruled to defer the announcement of the verdict (HAGB) for both defendants.
