DENİZ TEKİN
Journalist Fırat Bulut, who was detained for two days and faces up to three years in prison, was charged based on a news report that turned out to be true. The Ministry of Justice had concealed a riot in Elbistan Prison from the public, and the prosecutor's office, which prepared the indictment against Bulut, was also investigating the prison riot and fire.
On February 6, 2023, following earthquakes, Bulut shared a post on his social media account showing a fire at the Elbistan Type-E Prison, the second epicenter of the quakes. The Bingöl Public Prosecutor's Office initiated an investigation against Bulut under Article 217 of the Turkish Penal Code for "publicly disseminating misleading information," and issued an arrest warrant for his testimony.
Bulut was detained on March 10, 2023, at Ankara's Esenboğa Airport upon returning from Malatya, where he was following earthquake-related news. After two days in custody, he was released following his statement. The prosecutor's office deemed itself not competent to pursue the case and transferred it to Elbistan, where the alleged crime occurred.
Prosecutor's office had opened an investigation into the prison fire it labeled as misleading
The Elbistan Public Prosecutor's Office prepared an indictment against Bulut, seeking a prison sentence of one to three years for "publicly disseminating misleading information." Bulut's February 8 post, which included footage, claimed "smoke rising from the yards of Elbistan Prison and dormitories being set on fire." The indictment argued that the post was made "during the period when the society's tension was at its highest, following the earthquake, and the rescue operations were underway." It was claimed that the post could cause panic and negatively affect the public order being restored after the earthquake. Notably, the Elbistan Public Prosecutor's Office, which alleged that the news of the prison fire was false in the indictment, was also the prosecutor's office investigating the prison riot and fire.
Bulut's lawyers requested, the court asked the prison
During the first hearing of the case at the Elbistan 2nd Criminal Court of First Instance in October, Bulut's lawyers requested the court to inquire from the prison whether a fire had occurred. The court wrote to the Elbistan Type-E Closed Penal Execution Institution, seeking information about any fire incidents between February 6 and February 10, 2023.
Prison Administration confirmed the accuracy of Bulut's news report!
An "Investigation Report" included in the case file revealed that Bulut's news was not "misleading information" and that both a riot and fire occurred in the prison. The report, prepared by three gendarmes on December 21, 2023, stated, "Our investigations revealed that inmates of the Elbistan Type-E Closed Penal Execution Institution rioted due to the earthquake. The riot led to fires in the A and B blocks within the prison's limits. Following the incident, the Elbistan Public Prosecutor's Office initiated a judicial investigation, and inspectors appointed by the Ministry of Justice conducted the necessary examinations and prepared a report. It was understood that documents and information related to the incident could be obtained from the Public Prosecutor's Office that initiated the investigation, and our requested investigation was thus concluded."
'Authorities holding public power are creating disinformation by hiding the truth'
Speaking to MLSA, Bulut commented on the case and the document sent to the court. He stated that public institutions and administrators, who should protect journalists' right to access accurate information, are pressuring journalists under the guise of 'combating disinformation,' and by withholding such information, they themselves are creating disinformation. Bulut highlighted that even after a year, they still do not know the actual number of fatalities from the earthquakes. Despite approximately 18,000 prisoners being directly affected by the earthquakes, there were hardly any news reports about them. Bulut pointed out, "This situation also indicates the 'success' of those holding public power in hindering access to information."
'The hardest thing for me was not finding a medium to publish this news'
Bulut recalled knowing from the beginning that a riot had broken out in the prison due to the suppression of the inmates' demands not to be left under the rubble. "I couldn't confirm it, so I only reported the fire with a video. Then I was detained. Thanks to the solidarity shown by journalism organizations, colleagues, and rights defenders, I was released. A lawsuit was filed against me. However, the 'Investigation Report' sent to the court revealed several things: Firstly, there was no effective investigation into my news, and as a result, I was slandered. Secondly, the Ministry of Justice and other authorities, by not making a statement about the fire and not informing the public, contributed to disinformation. The third, which is actually the most serious and shameful, is that as a freelance journalist, despite having the video of this incident, I was forced to share it on my social media account because I could not get it published in any medium. The document sent to the court showed that those holding public power are directly contributing to disinformation and that a lawsuit was unlawfully filed against me," he said.
'I had to leave the country’
Bulut mentioned, "I had to leave the country due to the lawsuit against me and the conditions for freely practicing journalism in Turkey. Many of my journalist colleagues are still in prisons. Every day, we hear news about journalists being detained, threatened, and obstructed. Therefore, everyone needs to stand up for press freedom, journalists, and the right to information."
'Half of 217/A investigations target earthquake news and posts'
According to MLSA data, investigations were launched against at least 18 journalists and writers for "publicly disseminating misleading information" based on their publications, news reports, or social media posts about the earthquake. Nearly half of the investigations opened under Article 217/A of the Turkish Penal Code against journalists were due to earthquake-related news.
The journalists under investigation are Mehmet Güleş, Yüsra Batıhan, Canan Kaya, Medine Mamedoğlu, Hasan Sivri, Mir Ali Koçer, Oğuzhan Uğur, Fırat Bulut, Gökhan Özbek, Emre Orman, Ali İmat, İbrahim İmat, Evrim Kepenek, Ahmet Kanbal, İlknur Bilir, Ahmet Sesli, and writers Veli Saçılık and Önder Alagedik.
Fırat Bulut, Mehmet Güleş, İlknur Bilir, and Gökhan Özbek were detained and released, while journalist Ali İmat, the administrator of the Osmaniye Mutlu Şehir Osmaniye page, and his brother, journalist İbrahim İmat, were arrested on February 27 and released on March 31. Lawsuits were filed against journalists Fırat Bulut, Hasan Sivri, Ali İmat, and İbrahim İmat.
Moreover, investigations were launched against Tele 1 General Manager Merdan Yanardağ and journalist Enver Aysever for "inciting hatred and hostility" due to their earthquake posts.
