Çiçek Tahaoğlu
In Istanbul, journalists Haluk Kalafat and Elif Akgül, a court reporter for MLSA, are being tried for "openly insulting the Turkish nation" (Penal Code Article 301/1) due to their news reports related to the Armenian Genocide. The second hearing of the case took place today (20 February) at the Istanbul 2nd Criminal Court of First Instance.
Observers from Reporters Without Borders (RSF), the Turkish Journalists Union (TGS), and the Amsterdam Law Clinic followed the trial.
Akgül stated that neither the indictment nor the prosecutor's opinion clearly specified the accusations against her, commenting, "I am being tried for promoting a book, not for expressing an opinion. The prosecutor did not clearly state what constitutes the insult and to whom. By not specifying, the prosecutor either admits there is no crime or is not presenting his view honestly in this opinion. Therefore, I do not know what I am accused of. The prosecutor might also be disturbed by my use of conjunctions or the mention of the Armenian Genocide. However, neither using conjunctions nor mentioning the Armenian Genocide is a crime."
Kalafat reiterated his previous defense statements. MLSA lawyer Emine Özhasar, representing Kalafat and Akgül, pointed out that the articles in question are now subject to the statute of limitations under the press law. "This case should never have been opened. Both of my clients are journalists being tried for a book promotion and an interview. We couldn't understand the accusation, but we assume it's related to the common topic of the Armenian Genocide in the case files," she said.
The lawyers presented to the court decisions from the European Court of Human Rights (ECHR) and the Supreme Court of Appeals, affirming that the phrase "Armenian Genocide" is not a crime.
The presiding judge adjourned the case until May 9 to review the written defense statements and sample court decisions submitted by the lawyers.
Background:
The prosecution was initiated following a citizen's complaint to the Presidential Communication Center (CIMER) alleging "propaganda of the Armenian Genocide."
Prosecutor Murat Mert's indictment, prepared on December 9, 2022, included six different news stories related to the Armenian Genocide published on bianet in 2015, 2018, and 2019, and some excerpts from these reports. Akgül was charged over a book promotion article titled "Armenian Genocide World Press Headlines," while Kalafat faced charges for an interview about a book.
During the investigation, lawyers submitted to the file decisions from the Constitutional Court's Deniz Yücel verdict, the Istanbul Chief Public Prosecutor's May 2018 decision, and ECHR rulings in the cases of Hrant Dink and Taner Akçam, all stating that the use of the term "Armenian Genocide" does not constitute a crime.
However, an indictment was prepared against the journalists for the crime of "openly insulting the Turkish nation, the Republic of Turkey, the Grand National Assembly of Turkey, the Government of the Republic of Turkey, and the judicial organs of the state."
