Journalism and freedom of expression trials: Week of March 7

This week, the hearings of several journalism and freedom of expression trials will be held. Below is the list of these hearings:

March 7th, Monday

• The first hearing of the trial where 16 LGBTİ+ rights defenders who were taken into police custody during the first Eskişehir Pride March on June 30th, 2021, face “defying the Law no. 2911 on Assemblies and Demonstrations” charge will be held in the Eskişehir 8th Criminal Court of First Instance, at 13:00. The indictment presents the June 30th demonstration ban by the Eskişehir Governorship, the slogans chanted and the banners carried during the march as evidence against the rights defenders. The prosecutor also claims that someone tipped off the police via the 112 Emergency Line that “there will be molotov cocktails thrown at the police and the shopkeepers during the march.”

March 8th, Tuesday

• The fifth hearing of the trial where 38 people, including Özgür Gelecek reporter Taylan Özgür Öztaş, Etkin News Agency (ETHA) reporter Tunahan Turhan and journalist Vedat Örüç whom MLSA represents in court, face “defying the Law no. 2911 on Assemblies and Demonstrations” charge will be held in the Anadolu 13th Criminal Court of First Instance, at 10:05. Öztaş was taken into police custody on August 22, 2019, at the protest which he was covering and Turhan was taken into custody later in the evening that day when the police raided his house. Both journalists were released with judicial control measures after providing their statements at the prosecutor’s office.

March 9th, Wednesday

• The seventh hearing of the trial where Muhammet İkram Müftüoğlu, HDP Doğubayazıt Co-Chair Abdullah Ekelek, Dicle Fırat Journalists’ Association Chair Dicle Müftüoğlu, Turgay İlboğa, Yücel İlhan and journalist Aziz Oruç, whom MLSA represents in court, face “membership in a terrorist organization” and “terrorist propaganda” charges will be held in the Ağrı 2nd High Criminal Court, at 09:00. Müftüoğlu, Ekelek, İlboğa and İlhan stand trial together with Oruç on the grounds that they helped him when he was caught, mistreated and then dropped off at the Turkey- Iran border by Iranian border patrols as he was trying to reach Europe via Armenia. Oruç was arrested on December 18, 2019 in Ağrı’s Doğubayazıt Province on the grounds that he entered the country in an illegal manner. Oruç remained in pre-trial detention for 11 months until being released pending trial during the third hearing which was held on November 9, 2020.
• The second hearing of the trial where the former Chair and former Executive Board Members of the Ankara Bar Association face “insulting a public official because of his religious beliefs, thoughts and convictions” charge will be held in the Ankara 16th High Criminal Court, at 10:00. The indictment, in which the prosecutor requests imprisonment up to two years for the Chair and the Board Members, presents the press release by the Ankara Bar Association as evidence against the defendants. The press release was issued after the April 24 sermon by the President of Religious Affairs Ali Erbaş in which he targeted LGBTI+ community and HIV-positive people. The press release, which was issued on April 26, condemned the hate speech by Erbaş. On the following day, the Ankara Chief Public Prosecutor's Office launched an investigation against the Ankara Bar Association.
• The first hearing of the trial where 7 LGBTİ+ rights defenders who were among those detained during the İstanbul 2021 Pride March face “defying the Law no. 2911 on Assemblies and Demonstrations” charge will be held in the İstanbul 18th Criminal Court of First Instance, at 14:30. Among the evidence cited against the rights defenders in the indictment, there is also the June 26th, 2021 demonstration ban by the Beyoğlu District Governorship.

March 10th, Thursday

• The next hearing of the trial where Etkin News Agency (ETHA) editor Semiha Şahin and reporter Pınar Gayıp face “membership in a terrorist organization” and “making terrorist propaganda” charges will be held in the İstanbul 23rd High Criminal Court, at 09:00. Şahin and Gayıp were released with judicial control measures and house arrest following a 14-month detainment during the previous hearing, which was held on June 13, 2019. Their house arrest was ended during the hearing held on December 11, 2019.
• The first hearing of the trial where journalist Ahmet Kanbal faces “insulting a public official” charge upon complaint by Süleyman Soylu, the Minister of the Interior will be held in the Mardin 1st Criminal Court of First Instance, at 09:10. The indictment presents a tweet which Kanbal had shared after Minister Soylu announced his resignation as evidence against the journalist. A criminal investigation was launched against Kanbal on the suspicions of “degrading Turkish Nation, State of Turkish Republic, the Organs and Institutions of the State” and “insulting a public official”, a day after he tweeted “Rats are the first to leave a sinking ship… It is a universal saying… When the rats are gone, the ship sinks…”
• The seventh hearing of the trial where poet, author and journalist Azad Zal faces “membership in a terrorist organisation” charge will be held in the Diyarbakır 8th High Criminal Court, at 11:00. The indictment presents Zal’s delegacy at the Democratic Society Congress (DTK), his memberships in since shuttered the Kurdish Language Research and Development Association (KURDİ-DER) and Kurdish Authors’ Association and his reception of condolences over the phone after her sister’s death who was a PKK member and his efforts to find a guest for television show as evidence against him.
• The second hearing of the trial where journalists İzel Sezer and Doğan Ergün faces “libel”, “insult” and “unlawful disclosure of data obtained by recording non-public conversations between people via the press”  charges will be held in the İstanbul 33rd Criminal Court of First Instance, at 13:30. The indictment, which was prepared after the investigation per the complaint of Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal, cites two news reports published on the website of İleri Haber and dated December 2, 2020 and December 16, 2020 as evidence against the journalists.

March 11th, Friday

• The second hearing of the trial where artist Genco Erkal faces “insulting the president” charge will be held in the İstanbul 16th Criminal Court of First Instance, at 09:30. The indictment presents three social media posts shared between 2016-2020 as evidence against Erkal.
• The first hearing of the trial where journalist Sedef Kabaş faces “insulting the president” and “insulting a public official” charges will be held in the İstanbul 36th Criminal Court of First Instance, at 09:45. The indictment presents a proverb journalist Kabaş had uttered in the television show called “Demokrasi Arenası” which was aired on Tele1 on January 14th, 2022 and the tweet in which Kabaş reiterated that proverb as evidence for the “insulting the president” charge. The indictment presents the statements of Kabaş in the show, which included the names of Adil Karaismailoğlu and Süleyman Soylu as evidence for the “insulting a public official” charge. Adil Karaismailoğlu, the Minister of Transportation and Infrastructure and Süleyman Soylu, the Minister of the Interior are listed as “victims” in the indictment. More than 20 investigation files have been merged in the indictment, however, the indictment does not include Kabaş’s statement against the “insulting a public official” charge. Journalist Kabaş was taken into police custody on January 22nd, 2022 and was sent to Bakırköy Women’s Prison Complex a day after where she is still held to this day. In the indictment, the prosecutor requests that Kabaş be sentenced up to 12 years and 10 months in prison.