The case involving Şebnem Korur Fincancı, Erol Önderoğlu, and Ahmet Nesin, who are being prosecuted for their participation in a one-day editorial campaign supporting the now-closed Özgür Gündem newspaper, has entered its ninth year. At the 11th hearing, held at Istanbul’s 13th High Criminal Court, Judge Murat Bircan—previously rejected by the defense team due to concerns over impartiality—presided over the proceedings.
Fincancı, a forensic medicine expert and human rights defender; Önderoğlu, the Turkey representative for Reporters Without Borders; and writer Nesin face charges related to their symbolic participation in the Özgür Gündem newspaper's "Editor-in-Chief on Watch" campaign, launched in solidarity with the persecuted staff of the pro-Kurdish newspaper. They are accused of "terrorist propaganda" for their involvement.
Observers from the French Consulate, the Norwegian PEN, and the Media and Law Studies Association (MLSA) attended the hearing, alongside journalists. The defense team expressed concerns over the fairness of the trial, as Judge Bircan—who had applied to run as a parliamentary candidate for the ruling Justice and Development Party (AKP) in 2018—was previously rejected on the grounds that his political ties could affect the trial's impartiality.
Background on Judge Bircan
Judge Murat Bircan’s political affiliations and prior involvement in other cases have raised questions about judicial independence. He was previously criticized for seeking to become an AKP parliamentary candidate, a fact that the defense argues compromises the right to a fair trial. Bircan has also been involved in other controversial cases, including filing complaints against journalist İsmail Saymaz and Furkan Karabay, accusing them of targeting public officials involved in anti-terrorism efforts. Both journalists were acquitted of these charges.
Next steps
Due to procedural issues, the court postponed the trial to January 30, 2025. Following the hearing, Önderoğlu expressed concerns to MLSA about the integrity of the trial, stating that the continued involvement of Judge Bircan has exacerbated their long-standing fears regarding the fairness of the proceedings.
Case history
The defendants have faced a protracted legal battle since 2016, when the case was originally opened. They were briefly detained but released pending trial. The campaign they participated in was part of a larger movement aimed at protesting the Turkish government's crackdown on free press, particularly its targeting of Özgür Gündem, which was eventually shut down under emergency decrees following the 2016 coup attempt.
