The Article 217/A, which came into effect in Turkey in late 2022, has become known to the public as the "censorship law" and has raised serious concerns regarding freedom of expression. Criticized for its vague definitions and broad scope for interpretation, this law was particularly used as a tool of pressure on journalists and social media users following the February 2023 earthquake. Many individuals advocating for the public's right to access information faced investigations, detentions, and lawsuits, further deepening fear and self-censorship in society. As the Media and Law Studies Association (MLSA), we have launched the Censorship Law Series, which examines the implementation of this law, its societal impact, and its consequences on freedom of expression with contributions from journalists.
Canan Coşkun
A lawsuit has been filed against three journalists, a social media user, and a lawyer over allegations that they spread “disinformation” regarding a prosecutor involved in the investigation of the so-called “Newborn Gang.” The gang, composed of doctors and healthcare workers, allegedly operated neonatal intensive care units at private hospitals illegally, using bribery and document forgery to generate illicit profits. The journalists and the lawyer face prison sentences ranging from 4.5 years to 6 years and 8 months.
Investigation triggered by claims prosecutor was removed
The case stems from claims that Yavuz Engin, the prosecutor handling the “Newborn Gang” investigation, was removed from the case. Lawyer İrem Çiçek first raised the allegation on Nov. 1, 2024, via her personal account on X (formerly Twitter). Several media outlets, including Halk TV and Gazete Pencere, later reported on the claim.
As the allegation spread on social media, Justice Minister Yılmaz Tunç denied it in a post on X the same day, stating that Engin remained in his position and that an investigation into threats against the prosecutor was ongoing under the Büyükçekmece Chief Public Prosecutor’s Office.
Arrests follow justice minister’s statement
Despite the justice minister’s denial, Çiçek continued to assert her claims on social media. Meanwhile, Dinçer Gökçe, managing editor of Halk TV, posted that Engin had not been removed from the case, as he had already completed his investigation and filed charges. He also clarified that the probe into threats against the prosecutor was being handled by another official. Halk TV later updated its news article, stating that the claim was unverified.
Two days later, on Nov. 3, 2024, the authorities detained Gökçe, Gazete Pencere’s managing editor Nilay Can, and lawyer İrem Çiçek at the request of the Bakırköy Chief Public Prosecutor’s Office. Gökçe and Can were charged with “publicly spreading misleading information,” while Çiçek faced an additional charge of “insulting a public official.”
During his interrogation, Gökçe stated that he realized there was an issue with the report once he confirmed that Engin had already filed an indictment and that charges had been brought against suspects. He noted that Halk TV had also reported the justice minister’s denial, and the story had remained online for only 10 minutes before being removed. “Since the initial post came from a well-known lawyer, we were misled and shared the information,” he said, rejecting the charges.
Can also denied the accusations, while Çiçek explained that a nurse who had previously worked at one of the hospitals implicated in the corruption scheme had approached her with information. Çiçek said that she and the nurse had gone to the Organized Crime Investigation Bureau at the Bakırköy Courthouse on Oct. 31, 2024, where they were referred to Prosecutor Engin at the Büyükçekmece Chief Public Prosecutor’s Office. According to Çiçek, Engin told them he was unable to take statements for new investigations and would redirect them within 10 days. She then publicly raised concerns about the prosecutor’s status.
Journalists and lawyer released under judicial control
A Criminal Judgeship of Peace ordered the release of the journalists on the condition that they check in at a police station once a week. Lawyer İrem Çiçek was released under house arrest.
On Nov. 12, 2024, the Bakırköy Chief Public Prosecutor’s Office completed its investigation and issued an indictment. In addition to Gökçe and Can, journalist Veysi Dündar, who hosts the Şura program on Flash TV, and an X user identified as Hasan Dicle (@militerdoktrin1) were also charged for sharing the claim.
Prosecutor argues judiciary was undermined
Prosecutor Yusuf Demir’s indictment states that the posts were false and constituted an attempt to spread disinformation. He argued that the suspects had “collectively cast suspicion on members of the judiciary, thereby undermining public trust and causing fear and panic.” The indictment also noted that the investigation had been launched ex officio and that authorities were still working to identify other individuals involved.
First hearing set for Jan. 22
The Bakırköy 2nd Criminal Court of First Instance accepted the indictment and modified the judicial control measures, replacing the police check-in requirement with a travel ban.
The court also decided to send part of the indictment to the Council of Judges and Prosecutors (HSK) after ruling that Çiçek’s social media post questioning the justice minister’s involvement in the case could be considered an insult to the council’s members.
The first hearing is scheduled for Jan. 22, 2025.
