EYLEM SONBAHAR
Journalist Merdan Yanardağ, chief editor of TELE1, appeared in court for the first hearing of his retrial on charges of "insulting the Turkish nation, the Republic of Turkey, and its institutions." The charges relate to his May 23, 2021, opinion piece titled Düzenin Mafyalaşması (The Mafia-ization of the System), published in BirGün newspaper.
Yanardağ previously received a sentence of 7 months and 15 days for the column, but the Istanbul Regional Court of Justice overturned the verdict, citing insufficient justification for the allegations and ambiguities in the application of "continuous offense" provisions.
Column criticized as insulting, Yanardağ defends journalistic duty
In his defense before the Istanbul 2nd Criminal Court of First Instance, Yanardağ argued that his column critiqued systemic corruption and capitalism, not the government. "The phrase 'mafia-ization of the system' is a concept in political literature. My role as a journalist is to critique in the public interest. There is no insult in the article, so there is no crime," he said, calling for his acquittal.
Yanardağ emphasized that decisions regarding the publication of his piece in both the newspaper's print and online editions were editorial policies beyond his control.
Prosecution insists on conviction
The prosecutor, presenting the final opinion, alleged that the column publicly insulted the Turkish government and recommended the application of "continuous offense" provisions due to its publication in multiple formats. The prosecutor requested a conviction under these terms.
Yanardağ and his lawyer, Bilgütay Hakkı Durna, rejected the accusations. Durna argued that the article targeted a political party, not the Turkish government, and stated that applying "continuous offense" to the same piece published in different formats was baseless.
The defense team requested additional time for a detailed rebuttal, which the court granted. The trial was adjourned to May 22, 2025, at 2:30 p.m.
Case history and broader implications
Yanardağ's case stems from the original trial in April 2023, where he was sentenced for insulting state institutions. On appeal, the Istanbul Regional Court highlighted deficiencies in the lower court's reasoning, specifically the lack of clarity regarding how the article insulted the government and why the "continuous offense" provisions were applied. The appellate court overturned the conviction and returned the case for retrial.
The trial has drawn attention as a test of press freedom in Turkey, with rights advocates arguing that the charges criminalize political commentary and undermine journalistic independence.
