MLSA Legal Unit - Journalist İrfan Uçar has been charged with “membership in a terrorist organization” and could face up to 15 years in prison, according to an indictment prepared by the Gaziantep Chief Public Prosecutor’s Office. The case, defended by the Media and Law Studies Association (MLSA), centers around Uçar’s journalistic activities, including interviews, his personal library, and mentions of his name in seized notes, all of which have been used as evidence against him. The first hearing is scheduled for January 9, 2025.
Uçar was initially detained on December 6, 2023, following a police raid on his home in Gaziantep. He was released under judicial control with a travel ban. The indictment was finalized after the investigation, accusing Uçar of supporting the PKK (Kurdistan Workers' Party) and KCK (Kurdistan Communities Union), both considered terrorist organizations by Turkey.
Key accusations
The indictment points to several key pieces of evidence against Uçar, including his name being found in the notes of journalist Cengiz Kapmaz, which were seized during a 2011 raid in Istanbul. It also highlights Uçar’s alleged involvement in planning content for ROJ TV, a now-defunct Kurdish channel, through information found in a confiscated agenda from the same raid.
A key witness, Songül Satıcı, claimed that Uçar attended a meeting in northern Iraq in 2003, while another secret witness, using the alias "Bahar," alleged that Uçar was active in the management of Özgür Gündem, a pro-Kurdish newspaper, in 2005-2006 before moving on to work for the PKK’s media branch.
One of the more specific charges involves Uçar’s communication with an unnamed individual working for what prosecutors described as a “pro-organization media outlet.” Uçar allegedly discussed live broadcasts related to prison hunger strikes and planned to share the broadcast link on his news site or social media, which prosecutors interpreted as “terrorist propaganda.”
Evidence and seized materials
In addition to the digital materials and notes, authorities confiscated seven books from Uçar’s home, all of which were subject to bans on sale and distribution. These included titles such as Sosyalizmin Alfabesi by Leo Huberman and books by Mehmet Eymür, Cengiz Çandar, and others. Notably, a photograph of a mountainous landscape found in Uçar’s home was also seized, although authorities acknowledged it contained no criminal elements.
Further items listed in the indictment included film strips featuring soldiers, which were also seized despite no direct link to any criminal activity.
Uçar’s defense
In his testimony, Uçar, who has worked as a journalist since 1988, denied any involvement in terrorist activities. He emphasized that his communications with figures like Osman Kavala and Hasan Cemal were related to journalism. Uçar also distanced himself from the allegations tied to ROJ TV, stating he had no role in the channel's programming. Regarding the confiscated books, Uçar argued they were chosen specifically due to their controversial nature and that he did not keep them for organizational purposes.
Court proceedings
The Gaziantep 2nd High Criminal Court has accepted the indictment and maintained Uçar’s travel ban. The court plans to hear testimony from both secret and open witnesses at the first hearing on January 9, 2025. If convicted, Uçar faces a sentence of 7.5 to 15 years under Article 314/2 of the Turkish Penal Code.
MLSA's legal actions
The MLSA Legal Team has already taken Uçar’s case to the Constitutional Court, arguing that the search of his home and seizure of his materials were unjustified and violated his rights. Additionally, they have filed for compensation for the material and moral damages caused by the judicial control measures imposed on Uçar. The MLSA is also contesting Uçar’s travel ban, claiming it constitutes a violation of his rights.
The case underscores ongoing concerns about press freedom in Turkey, where journalists frequently face legal action for their reporting and alleged ties to banned organizations.
