By ELIF AKGUL
ISTANBUL - In a long-running saga of a post-coup attempt case against journalists, the Istanbul 26th High Criminal Court issued its verdict on February 14, 2024, in the retrial involving journalists Ahmet Altan, Nazlı Ilıcak, Fevzi Yazıcı, and Yakup Şimşek. The case, deeply rooted in allegations of foreknowledge of the failed coup attempt on July 15, 2016, concluded with mixed outcomes for the defendants.
Ahmet Altan was sentenced to 6 years, 3 months, and 18 days in prison on charges of "aiding a terrorist organization without being a member." Nazlı Ilıcak received a 5-year, 3-month sentence for the same charge. Fevzi Yazıcı's sentence was set at 1 year and 13 months. Meanwhile, Yakup Şimşek was acquitted of all charges.
The court continued the overseas travel ban on Altan and Ilıcak while lifting the same restriction on Yazıcı.
During the third hearing of the retrial, Prosecutor Adil Berkay Saygın reiterated his stance from the indictment, seeking convictions for Altan, Ilıcak, and Yazıcı under Article 314/3 of the Turkish Penal Code. The prosecutor requested an acquittal for Şimşek.
In a notable moment, Ahmet Altan's lawyer argued for the referral of the case to the Constitutional Court, citing violations of the Constitution and ignoring the European Court of Human Rights (ECHR) rulings. The court, however, dismissed this request.
Şimşek, in his defense, challenged the delay in justice, expressing gratitude for the prosecutor's fair request for his acquittal. Yazıcı argued for his acquittal, citing a lack of evidence and questioning the prosecution's interpretation of his actions.
Ilıcak defended herself by pointing out the lack of evidence supporting the allegation of receiving instructions from a terrorist organization. She highlighted her consistent opposition to unlawful interventions against the Justice and Development Party (AKP) and questioned why she would criticize certain trials if she were aiding a terrorist organization.
The defense attorneys stressed the absence of any direct link between their clients and the alleged terrorist organization. They emphasized the need to adhere to the Constitutional Court's rulings and the ECHR's decisions, arguing that their clients' journalistic activities could not be criminalized.
The verdicts came after a protracted legal battle, which began with the initial sentencing on February 16, 2018. The defendants were originally convicted of attempting to overthrow the constitutional order. However, following appeals, the Supreme Court ordered a retrial, citing the need to reclassify the actions of Altan and Ilıcak as aiding a terrorist organization without being members, and for Yazıcı, Şimşek, and others to be tried for membership in a terrorist organization.
The case, closely watched by international observers and human rights organizations, has raised significant concerns about press freedom and the rule of law in Turkey.
