Ardıl Batmaz
Journalist Ferit Aslan was acquitted at his first hearing on charges brought under the so-called "censorship law" for reporting that a judge and police officers raided a school in Mardin and detained three students.
The trial, held at the Mardin 2nd Criminal Court of First Instance, centered on allegations under Article 217/A of the Turkish Penal Code. This law penalizes spreading false information that could incite public fear, panic, or unrest, potentially threatening national security, public order, or public health.
During the hearing, Aslan, accompanied by his lawyer Neşet Girasun, defended his actions. Aslan, a journalist for 33 years, stated, "I have never produced a report that could incite public unrest or jeopardize the country." He emphasized that his report was based on confirmations from five or six sources and included photos showing police presence at the school. Aslan argued that his reporting was accurate and did not intend to create disorder, requesting acquittal.
Aslan described how the photos showed several police vehicles and officers at the school, which the prosecutor later confirmed was true. He pointed out that it was unusual for a judge to arrive with police cars over a dispute between students and a teacher.
During his defense, Girasun noted, "The report my client produced may lack completeness, but it does not exaggerate the facts." He highlighted that testimonies from public officials and school administrators corroborated Aslan’s report. The judge interrupted Girasun, asking him not to prolong his statement, to which Girasun replied, "I will defend as I see fit. Every sentence will be recorded. If you accept this indictment, you must also tolerate this defense."
Girasun criticized the indictment for lacking evidence and argued that both the judge and the police officers had misused their authority. He cited a police report from February 28, 2024, indicating no incident or disturbance at the school and claimed the prosecutor filed the indictment prematurely.
Following Girasun’s defense, the prosecutor agreed that the elements of the alleged crime were not met and called for Aslan’s acquittal. The court concurred, acquitting Aslan.
#### Background of the case
Ferit Aslan reported on an incident at Mardin Hacı Süphiye Bölünmez Imam Hatip Middle School, where a teacher, N.Y., had a dispute with six students on January 2, 2024. The teacher's spouse, a judge at the Mardin Administrative Court, arrived at the school two days later with five police vehicles, leading to the alleged detention of the students. Following the report, the Mardin Chief Public Prosecutor’s Office issued a statement on January 5, denying the accuracy of the report and asserting that the judge visited the school in support of his spouse, not in an official capacity.
The judge's complaint led to an access ban on the news report and a subsequent investigation into Aslan. The indictment prepared by the Mardin Chief Public Prosecutor's Office stated that the children were returned to their families after identification and were not formally detained, and sought Aslan’s punishment under the "censorship law."
The indictment was accepted by the Mardin 2nd Criminal Court of First Instance, leading to the trial and Aslan's eventual acquittal.
