DENİZ TEKİN
Journalist Mehmet Ali Ertaş, who had been convicted for "making terrorist propaganda" due to his social media posts, was sentenced again to 1 year and 3 months in prison following a retrial, despite a previous ruling by Turkey’s Constitutional Court that found a violation of his freedom of expression. The court once again suspended the announcement of the verdict (HAGB), placing him under a probation period.
The second and final hearing of Ertaş’s retrial took place at the Diyarbakır 9th High Criminal Court. Ertaş, who serves as the editor of the Kurdish-language newspaper Xwebûn, did not attend the session, but his lawyer, Resul Temur, was present. The hearing was also observed by the regional representative of the Press Workers’ Union (DİSK Basın-İş) and fellow journalists.
Prosecutor insists on punishment for propaganda
At the hearing, the prosecutor reiterated the demand for Ertaş to be sentenced for "making terrorist propaganda" based on his social media posts.
Defense highlights Constitutional Court’s ruling
In his defense, lawyer Resul Temur pointed to the Constitutional Court’s decision that Ertaş’s posts fell under the scope of freedom of expression. He argued that the posts in question did not praise violence or incite any criminal activity and were simply expressions of thought, protected by Article 26 of the Turkish Constitution. Temur also referred to the Constitutional Court’s prior ruling, which stated that the suspended sentence had violated Ertaş’s right to free speech.
When the presiding judge asked, "Why do you think the Constitutional Court gave this decision?" Temur responded that the court found the use of HAGB (suspended sentences) in cases involving expression to be a violation of freedom of speech, adding that it functions as a form of censorship.
Court repeats original sentence
After a brief recess, the court announced its decision, stating that it had reviewed the Constitutional Court's ruling thoroughly. The judge noted that recent legal changes now allow defendants to appeal suspended sentences. However, the court ruled that Ertaş was guilty of "making terrorist propaganda" and sentenced him again to 1 year and 3 months in prison, with the verdict’s announcement once more being suspended under HAGB.
Case background
Mehmet Ali Ertaş, a journalist and former editor at Mezopotamya Agency, was initially convicted in 2017 for four social media posts, including one from October 11, 2015. In that post, written in Kurdish, Ertaş had criticized the Turkish state's actions, stating, "The state continues its genocide. Just like how they killed 128 peace activists in Ankara, 8 HPG-YPJ star guerrillas were killed by airstrikes in Fis village, Lice." For this post, he was charged with making terrorist propaganda and sentenced to 1 year and 3 months in prison, with the sentence suspended.
Ertaş’s legal team appealed the local court’s decision to the Constitutional Court, which in 2023 ruled that Ertaş’s rights to freedom of expression and to organize meetings and demonstrations had been violated. The retrial was ordered based on this ruling, but the court ultimately repeated the same sentence.
