The fourth hearing in the defamation case against journalist Barış Terkoğlu and former İYİ Party Deputy Chair Ahmet Zeki Üçok took place at the Istanbul 2nd Criminal Court of First Instance. The charges stem from articles Terkoğlu published in Cumhuriyet in April 2023, titled “How prominent FETÖ members are saved” and “Prosecutor, I’m coming; add this article too.” Both defendants are accused of "publicly insulting a public official" in a series under Turkish Penal Code Article 125/3-a.
Court proceedings
The Media and Law Studies Association (MLSA) monitored the hearing, where both Terkoğlu and Üçok, along with their lawyer Enes Hikmet Ermaner, were present. The prosecutor repeated the opinion previously delivered on May 31, recommending punishment for both defendants.
Defense arguments:
- Terkoğlu’s lawyer emphasized that the articles referenced allegations made by former prosecutor Gökalp Kökçü, who had filed a complaint with the Council of Judges and Prosecutors (HSK) regarding pressures to close certain cases while he served at the Istanbul Courthouse.
- The defense had requested access to Kökçü’s statements from the HSK during the second hearing on Feb. 22, 2024, but this request was denied.
- Presenting a copy of Kökçü’s statement to the court, the defense renewed their request to obtain the original document from the HSK.
Üçok also reiterated that the allegations in the articles were made by Kökçü, not the defendants, and submitted the same document to the court, reinforcing the request to obtain it officially from the HSK.
Court's decision and next steps
The court ordered the HSK to provide Kökçü’s statements and to investigate the status of any administrative inquiries related to the individuals mentioned in the articles. Additionally, the court requested the Istanbul Chief Public Prosecutor’s Office to determine whether any judicial investigations are ongoing related to the allegations.
The next hearing is scheduled for May 8, 2025, at 2:00 p.m.
About the case
The case revolves around Terkoğlu’s reporting on allegations made by former prosecutor Gökalp Kökçü, who claimed that senior judicial officials pressured him to close certain cases unlawfully. The articles in question cited these allegations without naming the officials directly, referring to them only as "the former prosecutor" and detailing Kökçü’s defense to the HSK.
The indictment, filed on June 8, 2023, lists Istanbul Chief Public Prosecutor Şaban Yılmaz, Deputy Chief Prosecutor Mehmet Yılmaz, and Anadolu Chief Public Prosecutor İsmail Uçar as plaintiffs, alleging defamation by Terkoğlu and Üçok.
This case underscores ongoing concerns about press freedom in Turkey, particularly regarding journalists’ ability to report on alleged judicial misconduct without facing legal repercussions.
