Eylem Sonbahar
An Istanbul court has sentenced journalist Merdan Yanardağ to 1 year and 3 months in prison on charges of “publicly insulting the military or security forces of the state,” citing his comments in a February 2024 YouTube broadcast on the TELE1 news channel.
The second hearing of the case was held at the Istanbul 30th Criminal Court of First Instance. The charge was brought under Article 301 of the Turkish Penal Code, a controversial law often used against critics of the state. The case centered on remarks Yanardağ made in a video titled "What has the AKP’s political ethics brought Turkey to?" published on TELE1’s YouTube channel on February 5.
Yanardağ did not attend the hearing in person, but was represented by his lawyer, Bilgütay Hakkı Durna. Repeating his final opinion submitted on March 13, the prosecutor called for Yanardağ to be sentenced under the charges.
In his defense statement, Durna argued that Yanardağ’s comments fell within the scope of press freedom and referenced statements by two opposition lawmakers. “CHP MP Mehmet Tüm and İYİ Party MP Turhan Çömez have stated that gendarmes distributed brochures during the elections,” he said. “We request that both MPs be heard as witnesses. The remarks in question only refer to gendarmes handing out brochures. This content does not amount to insulting the state’s military institutions. My client shared a piece of information within the scope of his journalism work, and this should be evaluated under Article 301/3.”
He further argued that the elements of the alleged offense had not been met and requested Yanardağ’s acquittal.
The court, however, ruled to convict Yanardağ and sentenced him to 1 year and 3 months in prison.
Yanardağ, a prominent journalist and commentator, has faced legal pressure in the past over his critical reporting on the government. Article 301 has frequently been used in Turkey to prosecute journalists, writers, and academics, drawing condemnation from human rights organizations and the Council of Europe, which argue that the law poses a threat to freedom of expression.
