ELİF AKGÜL
The fifth hearing in the trial of journalist Barış Terkoğlu, accused of "insulting a public official" following a complaint by former Istanbul Regional Court Chief Prosecutor Hadi Salihoğlu, took place at the Istanbul 2nd Criminal Court of First Instance. Terkoğlu and his lawyer, Enes Hikmet Ermaner, as well as Salihoğlu’s lawyer, attended the session, which was monitored by the Media and Law Studies Association (MLSA).
Terkoğlu: There was already an investigation into Salihoğlu
During the hearing, Terkoğlu explained that in 2018, he reported on the detention of Salihoğlu’s bodyguard during a police operation against the Adnan Oktar criminal organization. After publishing the article, Terkoğlu received a request from the prosecutor’s office to remove it. Later, Salihoğlu filed a petition and was removed from his position.
Terkoğlu’s article at the center of the case, titled "Friends Are a Reflection of Each Other," discussed the prosecutor handling the Oktar investigation and suggested that he used his power in favor of the defendant. Terkoğlu also pointed out that there had already been an investigation by the Council of Judges and Prosecutors (HSK) into Salihoğlu.
Salihoğlu’s lawyer leaves the courtroom
Salihoğlu’s lawyer repeatedly interrupted Terkoğlu’s defense, prompting the judge to intervene. The judge remarked, "If you cannot tolerate it, that’s your choice, but I will listen." Following this, Salihoğlu’s lawyer left the courtroom.
Continuing his defense, Terkoğlu said, "I am not asking for an acquittal. I am asking for a ruling that will prevent the misuse of judicial authority in the future."
Terkoğlu’s lawyer, Enes Hikmet Ermaner, argued that Terkoğlu was being prosecuted simply for expressing publicly known facts as a journalist. He stated that the article was based on concrete facts visible to everyone and emphasized that the charges of insult were not applicable. Ermaner requested Terkoğlu’s acquittal.
Court seeks more information before ruling
Before announcing a verdict, the court decided to gather more information. The judge ordered an inquiry into the status of a case file in the Court of Cassation (Yargıtay) related to Salihoğlu. Additionally, the court requested information from the HSK regarding the outcome of its 2023/601 investigation into Salihoğlu, which had been mentioned in the article.
The next hearing is scheduled for January 25 at 14:30.
Background of the case
Barış Terkoğlu was charged over his March 28, 2022 article published in Cumhuriyet newspaper titled "Friends Are a Reflection of Each Other," which criticized an appellate court decision that overturned the local court’s conviction of Adnan Oktar and his group, who had been sentenced to a total of 9,803 years in prison. In the article, Terkoğlu referenced allegations that Salihoğlu had previously used his power to influence legal proceedings in favor of the Oktar group, stating, "Many witnesses said that Oktar’s followers used Salihoğlu’s power. This was true even years ago. A case opened in Kadıköy was transferred to Üsküdar due to lack of jurisdiction, and in Üsküdar, it disappeared in Salihoğlu’s hands."
The June 26, 2022 indictment against Terkoğlu claimed that his article falsely suggested Salihoğlu’s retirement was linked to the Oktar investigation and that it damaged Salihoğlu’s reputation without any concrete evidence.
