In a trial stemming from articles published in the Demokratik Modernite magazine, a decision has been made. The magazine's Responsible Managing Editor, Ramazan Yurttapan, was sentenced to 1 year and 21 months in prison, while Pakrat Estukyan, the editor of the Armenian pages of Agos Newspaper, and lawyer Emran Emekçi were acquitted. The cases of writers Mehmet Nimet Sevim and Cihan Doğan, who have outstanding arrest warrants, were separated.
The eighth hearing of the trial against Ramazan Yurttapan, Responsible Managing Editor of Demokratik Modernite Magazine; Pakrat Estukyan, editor of the Armenian pages of Agos Newspaper; lawyer Emran Emekçi; Mehmet Nimet Sevim; and Cihan Doğan, charged with “making propaganda for a terrorist organization,” was held at the Istanbul 30th High Criminal Court. Pakrat Estukyan attended the hearing with his lawyers Özcan Kılıç and Sercan Korkmaz.
“The word 'guerrilla' was used in the sense defined by TDK”
Writer Estukyan, beginning his defense by stating that his article did not contain elements of propaganda, said:
"As a writer, I feel a responsibility towards the Turkish language. The prosecution has characterized the use of the word 'guerrilla' as propaganda. However, in the article, the word 'guerrilla' was used in the sense defined by TDK [Turkish Language Association]. The article is a historical analysis. The words YPG/YPJ were also characterized as elements of propaganda by the prosecution. We could have said YPG/YPJ fighters, but that would not be the correct definition. I am responsible towards the Turkish language. Since I am a writer, I do not accept the suspension of the pronouncement of the judgment hanging over me like a sword of democracy."
“You need to read the entire article”
Lawyer Özcan Kılıç, pointing out that HAGB [deferred prosecution] could be a tool of pressure and citing Constitutional Court decisions on this matter, said, "I have been the lawyer for this magazine for many years. During the investigation phase, the prosecution selectively chose sentences to question. Saying 'Palestinian guerrilla' is not a crime. In this case, there is an ideological approach. If your court is to make a decision, you need to read the entire article. Propaganda, as presented in the indictment, is an abstract concept. If you look concretely and materially, you can see that the article does not contain elements of propaganda."
Lawyer Sercan Korkmaz, expressing that there had been a restrictive effect on press freedom with propaganda charges after 2015 and 2016, stated, "The indictment should have explained which concepts within the entirety of the article pose a threat or incite the public. The opposite of 'guerrilla' is not 'terrorist'; it is 'regular army'. We request acquittal."
Writer Estukyan, asked for his final word, reiterated his innocence and sought acquittal.
After a recess, the court announced its decision, sentencing Responsible Managing Editor Ramazan Yurttapan to 1 year and 21 months in prison, finding elements of “propaganda” crime in author-unidentified writings.
The court acquitted Pakrat Estukyan, editor of the Armenian pages of Agos Newspaper, and lawyer Emran Emekçi, and decided to separate the cases of writers Mehmet Nimet Sevim and Cihan Doğan, who have outstanding arrest warrants.
