Ali Duran Topuz, editor-in-chief of the independent Turkish news outlet Artı Gerçek, was acquitted on charges of "targeting individuals involved in counter-terrorism" after a four-session trial at the Diyarbakır 5th High Criminal Court. The charges stemmed from a news report published on the Artı Gerçek website about the reassignment of a prosecutor and judge involved in the detention of 18 journalists in Diyarbakır in 2022. Although Topuz did not attend the hearing, his lawyer Mehmet Emin Aktar was present.
In his final opinion, the prosecutor argued that Topuz’s news report should be evaluated within the framework of press freedom, noting that the identities of the prosecutor and judge were not directly revealed. He concluded that the elements of the alleged crime were not met and recommended Topuz's acquittal. Topuz's lawyer echoed the prosecutor’s stance, emphasizing that the report was obtained from a news agency and published without commentary. Aktar underscored that freedom of expression is a core principle in democratic societies and that press freedom is inseparable from this right, calling for Topuz's acquittal.
The court ruled in favor of acquittal, finding that the legal elements of the crime had not been fulfilled.
Background of the case
The case arose from an article published by Artı Gerçek that reported the reassignment of prosecutor N.K. and Criminal Judgeship of Peace judge Y.E.K., who had been involved in the high-profile case of 18 journalists detained in Diyarbakır on June 16, 2022. Following a June 19, 2020 decree by Turkey’s Council of Judges and Prosecutors, the two judicial officials were reassigned to different provinces. Artı Gerçek published the news under the headline "Prosecutor investigating journalists and judge ordering their detention reassigned."
The Diyarbakır Chief Public Prosecutor’s Office charged Topuz under Article 6/1 of Turkey’s Anti-Terror Law, which criminalizes targeting individuals involved in counter-terrorism, and sought a prison sentence of one to three years. The indictment claimed that the report disclosed sensitive information about prosecutor N.K.’s role in the Anti-Terror Investigation Bureau. During the investigation, Topuz denied the allegations, with prosecutors asserting in the indictment that there was "sufficient evidence" to proceed with the case.
