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Journalists Ergün and Sezer acquitted of final charge in retrial

Journalists Ergün and Sezer acquitted of final charge in retrial

Journalists acquitted in retrial over news report on Erdoğan’s former lawyer

Former Editor-in-Chief of İleri Haber, Doğan Ergün, and the publication’s then-Responsible Director, İzel Sezer, were acquitted in a retrial over charges of “unlawfully disclosing data obtained by recording private conversations.” The charges were related to a news story published on December 6, 2021, titled "Once again, journalism is on trial," which was based on allegations against President Recep Tayyip Erdoğan's former lawyer, Mustafa Doğan İnal.

The retrial's first hearing took place today, where the prosecution recommended acquittal, citing press freedom and freedom of expression. The court subsequently ruled in favor of acquitting both Ergün and Sezer of all charges. This follows a previous acquittal on defamation and insult charges related to the same news story.

Background of the case

The case originated from a book titled Cendere, co-authored by journalists Barış Terkoğlu and Barış Pehlivan, which included claims that İnal was involved in a bribery negotiation. These allegations were later discussed by Turkey Workers’ Party (TİP) Istanbul MP Ahmet Şık on his social media accounts. When İleri Haber reported on Şık’s statements, Erdoğan’s former lawyer filed a complaint, leading to a lawsuit accusing Ergün and Sezer of defamation, insult, and unlawful disclosure of private conversations.

In June 2023, the 33rd Criminal Court of First Instance in Istanbul acquitted the journalists of defamation and insult charges but sentenced them to 1 year and 8 months in prison for unlawful disclosure. However, the sentence was suspended.

Following an appeal, a higher court affirmed the acquittals on the defamation and insult charges. It also overturned the conviction for unlawful disclosure, ruling that the news report fell within the scope of freedom of expression. This decision led to the retrial that concluded with today’s acquittal.

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