Trial Monitoring

Man accused of sexual assault released, journalist who reported the case faces trial

Man accused of sexual assault released, journalist who reported the case faces trial

NİMET ÖLMEZ

Baran Kızıl, who was on trial for charges of "threats," "harassment," "insults," and "fraud" against İpek Gülşen, was released after his first court hearing, while a case has been opened against journalist İdris Yayla, who reported on the matter.

İpek Gülşen, a resident of Diyarbakır, accused Baran Kızıl of attempting to rape her, stating that he threatened her by saying, "The state is behind me." Following her complaint, Kızıl was arrested on August 14, 2022, facing charges including threats, harassment, insults, and fraud. However, during the first hearing at the Mardin 1st High Criminal Court on January 17, 2023, Kızıl was released without Gülşen even being allowed to give her defense statement.

Gülşen stages sit-in protest

On January 18, 2023, Gülşen held a sit-in protest in front of the Diyarbakır Courthouse, expressing her fears for her safety. She called on the public, stating that her life was in danger and urging that Kızıl be tried while in custody. Despite her repeated calls, Kızıl continues to be tried without detention.

Journalist faces charges for reporting the case

Kızıl, unhappy with the media coverage of the case, filed a complaint against İdris Yayla, the owner of Jiyan News, accusing him of "threats," "slander," "insults," and "violation of privacy." The Diyarbakır Chief Public Prosecutor’s Office accepted Kızıl’s complaint, and Yayla now faces trial for "insulting via a voice, written, or visual communication."

Charges over sexual assault reports

In response to the case, Yayla spoke to the Media and Law Studies Association (MLSA), explaining that they had reported on the attempted rape, threats, and assault in Diyarbakır, sharing the victim’s account with the public. He added that while many journalists and news outlets were investigated for the same charges, all other cases were dismissed, except his. Yayla stated that he was approached for a settlement, but he refused, after which the indictment against him was accepted by the Diyarbakır Criminal Court of First Instance. "This is very telling," he remarked.

‘Reporting on court decisions is now a crime’

Yayla highlighted Kızıl’s statement during the incident, where he allegedly said, "The state is behind me." Kızıl had been arrested for attempted rape and assault against Gülşen but was released after the first hearing. Gülşen maintains that Kızıl assaulted her while making this statement. Yayla pointed out that the outcomes of the case seemed to support Kızıl’s claim of having state backing. "We simply did our job as journalists and reported on the court’s decision, including the arrest and the victim's testimony," said Yayla. "For some reason, the prosecutor accepted Kızıl's complaint. I leave the judgment to the public."

Kızıl, following his release, claimed that the media reports violated his personal rights and filed a complaint against Yayla. Yayla’s trial will take place at the Diyarbakır 2nd Criminal Court of First Instance.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.