The Gaziantep Regional Court of Appeals has upheld a two-year and one-month prison sentence for Çayan Demirel, a filmmaker with a 99% disability, and Ertuğrul Mavioğlu, a journalist, on charges of "making propaganda for an organization." The court ruled that the sentence for Demirel, who requires constant care due to severe physical and cognitive impairments, was legally appropriate.
The case stems from their work on the documentary "Bakûr" (North), which was tried by the Batman 2nd High Criminal Court on Dec. 14, 2023. The local court had initially sentenced Demirel and Mavioğlu for allegedly using the press to make propaganda. It had dismissed claims that "Bakûr" was a so-called documentary and criticized the film's content.
Despite the defense's argument highlighting Demirel's serious health condition following a heart attack and subsequent brain damage which impaired his vision, speech, and mobility, the local court deemed his legal competency as "complete." The court also rejected defenses claiming the documentary was made during a peace process and was an expression of artistic and freedom of speech rights, labeling these defenses as attempts to evade guilt.
The appeals court's decision to reject the appeal was based on a review of the case files without a hearing, despite requests from the defense lawyers for a trial-like review. The decision now moves to the Court of Cassation for a final appeal.
If the Court of Cassation also upholds the verdict, Demirel will face prison time. The lawyers for Demirel and Mavioğlu have escalated the case, indicating a significant legal battle over issues of freedom of expression and the rights of disabled individuals in legal proceedings.
