June 27, 2024
Journalist Elif Akgül, represented by the Media and Law Studies Association (MLSA), was acquitted of "chain organization propaganda" charges stemming from social media posts made five years apart.
The trial took place at the Istanbul 13th High Criminal Court, where Akgül and her lawyers, Emine Özhasar and Muhammet Ünsal from MLSA, were present.
When asked for her final statement, Akgül defended her social media posts:
"I posted these tweets as a citizen of the Republic of Turkey and as a journalist. As a Turkish citizen, I have the right to live in peace and oppose war because Turkey is a party to the European Convention on Human Rights. I exercised this right and my freedom of expression. At the time of the second post, there was an ongoing public debate. If the Yeni Şafak newspaper had tweeted the same news as a terrorist organization member, I would have retweeted it as well. Therefore, the term 'terrorist organization' cannot be attributed to me, nor can the term 'guerrilla.' I request that your court protect my rights as a citizen of the Republic of Turkey."
Lawyer Emine Özhasar stated, "Our client criticized images showing ISIS members saluting Turkish soldiers and used the term 'guerrilla' in another post, which has been criminalized."
"Our client is saying 'No to war.' No citizen is obligated to support or participate in a war initiated by the state. She exercised her right to freedom of expression. No crime elements are present in either post. Additionally, the police committed a crime by conducting a virtual patrol to collect evidence in this case, which is illegal," Özhasar continued.
Muhammet Ünsal referenced rulings from the European Court of Human Rights (ECHR) and the Constitutional Court, emphasizing that Akgül was exercising her right to freedom of expression and press freedom.
After the defense statements, the court ruled that the legal elements of the alleged crime were not present and acquitted Akgül of "chain organization propaganda" charges.
Background on the case
Elif Akgül's trial was initiated based on reports prepared by the Samsun Police Department and the Istanbul Gendarmerie Command. Despite no formal complaint about her social media posts, the Samsun Police Department began an investigation on November 21, 2022. Their report included a tweet by Akgül about a bombing in Taksim in November 2022 and a tweet sharing a news report by the Etkin News Agency (ETHA) from October 18, 2022, alleging that the Turkish Armed Forces used chemical weapons in Northern Iraq.
The Samsun Police forwarded their report to the Samsun Counter-Terrorism Department on November 23, 2022. The Samsun Chief Public Prosecutor's Office transferred the investigation to the Istanbul Chief Public Prosecutor’s Office due to jurisdiction issues. The Istanbul Prosecutor's Office then referred the case to the Istanbul Gendarmerie Command Cyber Crimes Department on January 10, 2023, requesting urgent identification of Akgül's "criminal posts" and any other social media accounts she might have.
The Gendarmerie added to the report Akgül's posts about trees being cut for a mine in the Akbelen area of İkizköy, Muğla, and about aid not reaching those trapped under rubble after the February 6 earthquakes. They also included a tweet from January 20, 2018, in their analysis. The prosecution focused on two specific posts: A retweet of the ETHA report on chemical weapon use and a tweet from January 20, 2018, about Afrin. The prosecutor sought a prison sentence of up to 13.5 years for "chain organization propaganda."
