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Journalist and lawyer face investigation over report on Turkish ruling party official's drug probe

Journalist and lawyer face investigation over report on Turkish ruling party official's drug probe

Turkish authorities have opened an investigation into journalist Aslıhan Gençay and her lawyer Tugay Bek over a news story implicating a local ruling party official in a major drug investigation, despite the case later being dropped. Bek said this is the tenth investigation and the second legal case filed against his client for her reporting.

Deniz Tekin

The report, published on January 7, 2025, by the P24 Independent Journalism Platform and authored by Gençay, was titled “Scandalous interference in justice: Who protected AK Party's Servet Tecirli?” It focused on how Servet Tecirli, a member of the provincial executive board of the ruling Justice and Development Party (AKP) in Hatay—a province in southern Turkey bordering Syria—was exempted from a large-scale drug trafficking investigation.

Following the report’s publication, Tecirli filed a complaint alleging that Gençay, her lawyer Tugay Bek, and a third person identified as M.G. had damaged his reputation. Bek had shared the story on social media. In response, the Reyhanlı Chief Public Prosecutor’s Office launched an investigation into the trio on charges of “inciting the public to disobey the law” and “defamation.”

In October, prosecutors concluded the investigation and issued a takipsizlik (non-prosecution) decision, effectively dropping the case. The decision cited press freedom under Turkish Press Law, which includes the right to access, disseminate, critique, comment on, and create information.

The ruling emphasized that strong criticism does not render a news report unlawful and that Gençay was carrying out journalism through her X (formerly Twitter) account by sharing newsworthy information. It also classified the story as judicial reporting and stated it should be protected under press freedom.

Prosecutors noted that Tecirli could have exercised his right to reply and correction under Article 14 of the Press Law or requested the removal of the online content under Article 9 of Law No. 5651, which governs internet publications in Turkey.

The decision also stated that neither Bek nor M.G. acted with criminal intent when sharing the report, and they merely quoted Gençay’s original article. Authorities concluded there was no definitive, credible evidence to warrant a public prosecution against the suspects.

As of now, Tecirli has not appealed the prosecutor’s decision.

In a statement following the ruling, lawyer Tugay Bek argued that political figures involved in crimes such as bribery, corruption, and drug trafficking are subjects of public interest worldwide. He said his client Gençay has pursued stories about corruption and irregularities in Hatay, making the public aware of these issues, and claimed that certain criminal elements are disturbed by this reporting.

Bek said Gençay has faced 10 investigations and one lawsuit over her journalism and accused politically connected individuals of trying to silence her. “For a long time in Turkey, journalism has been treated as a crime. Journalists who pursue the truth and uphold the dignity of their profession are being silenced through the judiciary,” he said.

He argued such news stories should be protected rather than punished under press freedom. “These complaints are aimed at silencing and intimidating. We do not believe they will result in punishment. On the contrary, those who should be tried and punished are the politicians, local administrators, and bureaucrats Gençay is reporting on,” he said. “We believe that in time justice will prevail, and the real criminals will face consequences.”

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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.