April 11th, Tuesday
- The 10th hearing of the trial in which journalist Cengiz Çandar whom MLSA represents in court faces “praising an offense and an offender” charge will be held in the Istanbul 30th Criminal Court of First Instance, at 09.30. The indictment which was filed on 30 June 2020, presents a 2017 tweet in which Çandar commemorated Ayşe Deniz Karacagil who died fighting ISIS. In the indictment, the prosecutor claims that Karacagil died fighting for a terrorist organization in Raqqa and that praising her on social media would constitute an open threat to public peace. At the eighth hearing of the trial held on 22 November 2022, the court decided to separate the case file of Çandar who stood trial together with activist Kemal Işıktaş on the grounds that the rogatory letters issued to Sweden are yet to be responded to. On 13 December 2022, at the next hearing after the cases files were separated, the court sentenced Işıktaş to 7 months 15 days in prison.
- The first hearing of the trial in which the Pir Sultan Abdal Cultural Association’s former chair Gani Kaplan faces “making propaganda for a terrorist organization” charge will be held in the Ankara 18th High Criminal Court, at 09.30. As evidence for the charge, the prosecutor presents Kaplan’s attendance to an event held in Ankara on 18 May 2017 to commemorate İbrahim Kaypakkaya who was tortured to death in the Diyarbakır Prison in 1973. The criminal investigation against Kaplan was launched in 2017 and Kaplan had provided his statement to the Ankara Chief Public Prosecutor’s Office on 6 June 2018. In his 2018 statement, Kaplan was asked about the commemoration event. However, the prosecutor who picked up the investigation and prepared the indictment on 28 November 2022 also included several posts which Kaplan had shared on his personal social media accounts in 2017. Before the indictment was filed, Kaplan was not asked to provide his statement regarding the social media posts cited. Among the social media posts cited in the indictment are also posts in which Kaplan commemorated THKP-C leader Ulaş Bardakçı and in which Kaplan shared his support for Nuriye Gülmen and Semih Özakça who were expelled from public service during the state of emergency declared after the coup d’etat attempt in 2016 and who were on a hunger strike at the time. In the indictment, the prosecutor also emphasizes that Kaplan’s Twitter cover photo includes visuals and expressions which make reference to the 1993 Sivas Massacre. The Ankara 18th High Criminal Court accepted the indictment despite its deficiencies and ruled to impose an international travel ban upon Kaplan. The prosecutor who indicted Kaplan had also indicted the Turkish Medical Association (TTB) Central Council President Şebnem Korur Fincancı and documentary filmmaker Sibel Tekin. In addition to Korur Fincancı and Tekin, the prosecutor had also indicted the Human Right Association’s (IHD) Ankara Branch’s former executive Aslı Saraç and imprisoned journalist Ceylan Şahinli citing another 2017 event. The same prosecutor had also filed a lawsuit against the Turkish Medical Association (TTB) and requested the association's central council to be dismissed including the Council President Şebnem Korur Fincancı.
- The second hearing of the trial in which İleri Haber’s executive editor İzel Sezer and managing editor Batuhan Batan faces “insult by means of an oral, written or visual medium message” and “libel” charges upon complaint by Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal will be held in the İstanbul 25th Criminal Court of First Instance, at 10.15. In the indictment, prosecutor Türkşad Kunthan Uçuk presents a news article titled “Yargılanan yine gazetecilik oldu [Journalism is on trial again]” which was published on İleri Haber on 6 December 2021. The news article which is cited as evidence for the charges is about a lawsuit brought against İleri Haber’s former executive editor Doğan Ergün and former managing editor İzel Sezer upon complaint by Erdoğan’s former lawyer Mustafa Doğan İnal. The prosecutor claims that the news article is “intended to hurt the reputation and dignity of the complainant, beyond the freedom of the press and freedom of expression” and “does not make any contribution to a subject that is of public interest” and requests journalists Sezer and Batan to be sentenced. Prosecutor Türkşad Kunthan Uçuk had also indicted BiaNet’s former executive editor Nazan Özcan for “insult” and “libel” upon complaint by Erdoğan’s former lawyer Mustafa Doğan İnal. At the first hearing of the trial held on 27 December 2022, the court decided to ask for the file of the case which was brought against Sezer upon complaint by Mustafa Doğan İnal and to accept the intervention request of İnal.
- The third hearing of the retrial in which since-shuttered Azadiya Welat daily’s former editor-in-chief İsmail Çoban faces “making propaganda for a terrorist organization” charge will be held in the Diyarbakır 5th High Criminal Court, at 10.30.The indictment which was prepared by the Diyarbakır Chief Public Prosecutor’s Office was filed on 19 February 2015. The indictment presents news articles published on Azadiya Welat daily between 4 September - 30 September and 1 October- 21 October 2014 as evidence for the charge. Arguing that “despite numerous lawsuits brought against the daily and its former chief editors, the daily did not change its editorial policy and therefore continued acting like the [terrorist] organization’s press and thereby continued committing crimes,” the prosecutor requested that Çoban be sentenced. Began to hear the case in 2015, the Diyarbakır 5th High Criminal Court sentenced Çoban to 1 year 8 months and 25 days in prison for “making propaganda for a terrorist organization” and deferred the announcement of the verdict. Another lawsuit was brought against Çoban in 2021 after allegedly banned copies of Özgürlükçü Demokrasi daily were found on his person during a search at the Tarsus Prison, where Çoban was held in pre-trial detention in connection with another investigation. The Tarsus 8th Criminal Court of First Instance sentenced Çoban to 2 years in prison for “conveying prohibited items to a prison or place of arrest.” After the finalization of the verdict, the Tarsus 8th Criminal Court of First Instance notified the Diyarbakır 5th High Criminal Court. Reasoning that Çoban had committed an offense during the time in which the verdict for the propaganda charge was deferred, the Diyarbakır 5th High Criminal Court decided to retry Çoban. At the first hearing of the trial held on 29 November 2022, the court decided to issue writ to the Küçükçekmece Chief Public Prosecutor’s Office to investigate when the newspapers cited in the indictment were delivered to the prosecutor’s office. At the second hearing of the trial held 31 January 2023, the court decided to issue another writ to the Küçükçekmece Chief Public Prosecutor’s Office to ask about the progress regarding the writ issued after the first hearing.
April 12th, Wednesday
- The third hearing of the trial in which 8 women face “defying the Law no. 2911 on Demonstrations and Assemblies” charge will be held in the Ankara 53rd Criminal Court of First Instance, at 13.30. The 8 women were violently taken into police custody for trying to hold a press statement on 7 June 2021 in front of the Ankara Courthouse to support 33 women who were being tried at the time on the grounds of a protest held on 12 August 2020 to defend the Istanbul Convention. 5 of the 8 women were also among the 33 women who faced the same charge. Prosecutor Mehmet Arslan who also prepared the indictment of the “Barınamıyoruz [We Cannot Find Shelter] Case”, presents the attempted press statement which he claims was “illegal” because “there was no prior notification”, the banner confiscated by the police on which “12. Cumhurbaşkanı Kadınlar Seni İs-te-mi-yor [12th President the Women Do not Want You]” was inscribed and the slogans (“the İstanbul Convention keeps us alive”, “We will not be silent, we will not be afraid and we will not submit”) chanted by the women as they were being taken into custody as evidence for the charges. The prosecutor additionally charges one woman with “damage to public property” and presents the torn t-shirt of a complainant police officer as evidence for this charge. Prosecutor Arslan initially charged the 8 women with “prevention of public duty” in addition to the charge of “defying the Law no. 2911 on Demonstrations and Assemblies” and presented the indictment to the Ankara 53rd Criminal Court of First Instance on 29 December 2021. However, the court returned the indictment on the grounds that “the police officers who were allegedly subjected to use of force and therefore may be considered as the injured party are not listed in the indictment” and that “it was not specified in the indictment which suspect used force against which police officer.” On 4 January 2021, prosecutor Arslan appealed against the return of the indictment on the grounds that “the decision of return is not legally appropriate.” On 5 January 2021, the Ankara 5th High Criminal Court rejected the prosecutor’s appeal on the grounds that the decision of the Ankara 53rd Criminal Court of First Instance was legally appropriate. Following the rejection, on 9 May 2022, prosecutor Arslan decided not to prosecute the 8 women for “prevention of public duty” and presented the revised indictment to the Ankara 53rd Criminal Court of First Instance on 10 May 2022. Prosecutor Aslan had also prepared the indictment of “the Barınamıyoruz [We Cannot Find Shelter] Case” in which three journalists and 46 activists stand trial. The Ankara 15th Criminal Court of First Instance which hears the case had also initially returned the indictment by Arslan on the grounds that “the injured party of the offense ‘insulting a public official’ leveled against some suspects is not specified in the indictment.” At the first hearing of the trial of eight women held on 14 September 2022, complainant police officer Necdet Atilla Çiftçi was caught taking the photos of the defendants and their lawyers during the hearing. Following this incident, the judge decided to remove other police officers from the courtroom and filed a criminal complaint against the complainant officer for “illegally obtaining or giving data (Article 136/1 of the Turkish Penal Code)”, “recording sound or image during the process of investigation or prosecution (Article 286/1 of the Turkish Penal Code)” and “offenses against lawyers (Article 57/1 of the Law no. 1136 on Attorneyship).” At the second hearing of the trial held on 17 January 2023, the court decided to accept the t-shirt which was allegedly torn by one of the defendants to be the possessory of the complainant police officer. The court also accepted the intervention request of the complainant police officer.
- The fourth hearing of the trial in which the former Chair of the Van-Hakkari Chamber of Physicians Dr. Hüseyin Yaviç and the Van Representative of the Human Rights Foundation of Turkey (TİHV) Sevim Çiçek face “defying the Law no. 2911 on Demonstrations and Assemblies” charge will be held in the Van 4th Criminal Court of First Instance, at 13.45. On October 25 2021, the representatives of NGOs and healthcare professionals wanted to make a press statement on the death of doctor Rümeyse Berin Şen who died in a car accident in Ankara after a 36-hour shift. The Van police however, did not allow the press statement and took human rights defenders Yaviç and Çiçek into custody. Among the evidence cited against the human rights defenders are the demonstration ban which has been in force in Van for the past six years and the footage of the press statement which was prevented by the police. On 26 May 2022, at the first hearing of the trial, the court decided to send the footage in the case file to an expert for it to be reviewed. At the second hearing of the trial held on 18 October 2022, the judge who was temporarily assigned to the case decided to wait for the case file to be completed and the requests of the defense lawyers to be evaluated by the permanent judge. At the third hearing of the trial held on 26 January 2023, the court decided to send the case file to the prosecutor so that he can prepare his final opinion after the defense lawyers submitted their detailed arguments.
February 13th, Thursday
- The first hearing of the trial in which journalist Rabia Çetin whom MLSA represents in the court, faces “identifying officials on anti-terror duties as targets” and “insulting a public official” charges will be held in the Istanbul 23rd High Criminal Court, at 10.10. As evidence for the charges, the prosecutor cites a tweet shared on the social media account called “Deniz Poyraz Davası [Deniz Poyraz Case]” on 17 April 2022 which was retweeted by Çetin. Even though he does not specify how and when Çetin shared the tweet in question, the prosecutor claims that by sharing the tweet in which it was stated “The prosecutor who failed to conduct an effective investigation so that the attack and the murder could be brought to light, who allowed the evidence to be spoiled and who prevented all those responsible to be brought to justice…”, Çetin openly insulted the complainant prosecutor C.U. because of his duties and requests Çetin to be sentenced for “insulting a public official because of his duties.” The prosecutor also claims that by sharing the tweet in which it was stated “... the prosecutor filed a lawsuit against Deniz Poyraz’s grieving father [Abdulillah Poyraz] over propaganda charges”, Çetin identified complainant prosecutor C.U. as a target for terrorist organizations. Despite the fact that the indictment is against journalist Çetin, the prosecutor states that “It has been understood that Abdulillah Poyraz who identified the Terror Crimes Investigation Bureau prosecutor assigned to the investigation file as target for terrorist organizations, has committed the offense of identifying officials on anti-terrorist duties as a target.” The prosecutor includes this argument in the indictment against Çetin despite the fact that he states in the introduction of the indictment that Abdulillah Poyraz was charged with “making propaganda for a terrorist organization” and was acquitted in that case. On 3 November 2022, the Izmir 13th High Criminal Court accepted the indictment which was filed on 2 November 2022. Reasoning that journalist Çetin was “captured” in Istanbul, the Izmir court ruled to send the case file to a high criminal court in Istanbul. The prosecutor who indicted journalist Çetin also separately indicted at least 40 people, including journalist Nazlan Ertan, Sendika.org reporter Derya Saadet, the Co-Chair of the Human Rights Association (İHD) Eren Keskin, the Chair of the Human Rights Agenda Association (İHGD) Özlem Yılmaz, the District Executives of the Peoples’ Democratic Party (HDP), human rights defenders and lawyers with “identifying officials on anti-terror duties as targets (Article 6/1 of the Anti- Terror Law)” and “insulting a public official (Article 125/3a-4 of the Turkish Penal Code)” by using copy/pasted indictments. Journalist Ertan and human rights defender Yılmaz were acquitted at the first hearings of their trials. The trials against Keskin and Saadet are still going on.
- The fifth hearing of the trial in which 15 people, including then-KESK Spokesperson Bedri Yamaç and the Peoples’ Democratic Party’s Van Provincial Co-Chair Ümit Dede who were taken into police custody during the October 10th Massacre Commemoration called by the Confederation of Public Employees' Trade Unions (KESK) in 2018 face “prevention of public duty” charge will be held in the Van 7th Criminal Court of First Instance, at 09.05. The indictment presents the statements of eight complainant police officers as evidence for the charges. At the third hearing of the trial held on 12 October 2022, the court decided to wait for the case file to be completed. At the fourth hearing of the trial held on 27 January 2023, the court decided to issue a writ for a complainant police officer to be heard as a witness and to wait for the response to the writ previously issued for another complainant police officer to be heard.
- The second hearing of the trial in which columnist Levent Gültekin faces “insulting the president” charge will be held in the Istanbul 23rd Criminal Court of First Instance, at 11.50. The criminal investigation was initiated against Gültekin after President Recep Tayyip Erdoğan’s lawyers filed a criminal complaint against the columnist. In the indictment which he filed on 5 December 2022, prosecutor Murat Mert presents Gültekin’s statements in a video published on the YouTube channel of Halk TV on 3 January 2022. The prosecutor argues that Gültekin’s statements in the video titled “Levent Gültekin: O kadar kendinden emin bir şekilde yalan söylüyor ki kendimizden şüphe ediyoruz! [Levent Gültekin: He lies so confidently that it makes one to question himself]” is beyond the right to criticize and freedom of expression and requests Gültekin to be sentenced for his remarks which degrade the president’s honor and dignity. At the first hearing of the trial held on 30 March 2023, the prosecutor presented his final opinion as to the accusations. Arguing that Gültekin’s remarks must be considered as harsh criticism, the prosecutor requested the columnist to be acquitted. Accepting the intervention request of Erdoğan’s lawyers, the court decided to give them additional time to present their arguments against the final opinion and adjourned the trial.
