Trial Monitoring

Five journalists sentenced to prison in Özgürlükçü Demokrasi case

Five journalists sentenced to prison in Özgürlükçü Demokrasi case

In the retrial of former employees of the now-closed Özgürlükçü Demokrasi newspaper, the court sentenced five journalists to prison on charges of "aiding a terrorist organization." Mehmet Ali Çelebi received a sentence of 3 years and 9 months, while Reyhan Hacıoğlu, İhsan Yaşar, İshak Yasul, and Hicran Urun were each sentenced to 3 years, 1 month, and 15 days.

The case, initially resulting in various convictions and acquittals, had been reopened following a reversal by the appellate court. The 11th hearing of the retrial took place at the Istanbul 23rd High Criminal Court. The journalists, including Hicran Urun, Mehmet Ali Çelebi, Reyhan Hacıoğlu, İshak Yasul, Pınar Tarlak, İhsan Yaşar, and Mizgin Fendik, faced charges of "membership in a terrorist organization," "terrorist propaganda," "inciting hatred and hostility," "publishing terrorist organization publications," and "praising crime and criminals."

At the hearing, only İshak Yasul was present among the defendants. The defense team, including lawyers Özcan Kılıç, Zilan Aydın, and Sercan Korkmaz, represented the journalists. The prosecutor reiterated the main opinion presented on April 7, 2022, recommending the acquittal of Mizgin Fendik but seeking convictions for the other defendants on the aforementioned charges. Yasul, in his defense, denied the accusations and requested the lifting of his five-year travel ban and an acquittal.

"The file is being forcibly fit into an organization scheme"

Defense attorney Özcan Kılıç argued that there was no evidence supporting the membership criteria. "It is still unclear what article or action Hicran Urun is being held responsible for. We waited a year for an expert report, which only presented simple accounting procedures and a chart, with no organizational connection found. The file is being forcibly fit into an organizational scheme," he said.

Attorney Sercan Korkmaz noted that the trial had been ongoing for years with repetitive defenses at each stage. He criticized the expert report, stating, "The report seems to be prepared with the mindset of finding something incriminating. We request the lifting of judicial control measures and an acquittal."

"No new evidence"

Lawyer Zilan Aydın pointed out that her client, Pınar Tarlak, had previously been acquitted and that there was no new evidence in the retrial that would affect the verdict. She requested an acquittal for Tarlak.

After a recess, the court announced its decision. Mehmet Ali Çelebi was sentenced to 3 years and 9 months, and Reyhan Hacıoğlu, İhsan Yaşar, İshak Yasul, and Hicran Urun were each sentenced to 3 years, 1 month, and 15 days for "aiding a terrorist organization." The court acquitted Mizgin Fendik and separated Pınar Tarlak's case due to her involvement in other ongoing trials. The travel bans on the journalists were lifted.

Background

Özgürlükçü Demokrasi, a newspaper shut down by a decree law, had its former employees tried for their journalistic activities. The journalists were initially charged with various offenses, including promoting and assisting a terrorist organization through their work. Following appeals, the case was reopened, leading to the recent convictions and acquittals.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.