MLSA lawyers have filed an appeal against the prison sentence handed down to Koray Kesik, the cinematographer of the documentary "Bakur." The application states that Kesik performed a technical role in the documentary, that no intent to spread propaganda was demonstrated with concrete evidence, and that the conviction violates freedom of expression and artistic freedom.
The sentence of one year and 13 months in prison handed down to Koray Kesik, cinematographer of the documentary "Bakur," on a charge of "spreading organizational propaganda" has been taken to appeal.
Lawyers from the Media and Law Studies Association (MLSA) Legal Unit filed an appeal with the Batman 2nd High Criminal Court — to be forwarded to the relevant criminal chamber of the Diyarbakır Regional Court of Justice — against that court's May 12 ruling. Batman is a province in southeastern Turkey.
The application stated that the court had drawn a legally untenable link between documentary filmmaking and organizational activity. The petition noted that the conviction had been built on the documentary in which Kesik served as cinematographer, a book titled "Bakur Notes" found at his home, his social media posts, and HTS (phone) records.
The lawyers emphasized that in criminal proceedings a conviction can be established not through assumptions but through "clear, definite and convincing evidence beyond any doubt." The application stated that there was no evidence in the file that Kesik, within the scope of Article 7/2 of the Anti-Terror Law, had legitimized, praised or encouraged recourse to the organization's methods involving force, violence or threats.
The petition stated that Kesik was neither the author nor the ideological owner of the documentary, and that a technical professional contribution could not be turned into responsibility for content. The lawyers argued that the court's approach was contrary to the principle of individual criminal responsibility.
The application recalled that the "Bakur" documentary was filmed during the period of the peace process — a reference to the 2013–2015 talks between the Turkish state and the outlawed Kurdistan Workers' Party (PKK). Stating that documentary cinema can touch on socially and politically controversial areas, it noted that "disturbing" content cannot in itself constitute a crime.
The lawyers also stated that the book "Bakur Notes" found in the house search had been written by someone else, and that the book's presence in the home was not sufficient to impose criminal responsibility on Kesik.
The petition, which stated that the social media posts had also been interpreted out of context, emphasized that Kesik's recording of public spaces because of his identity as a documentary maker should be assessed within the scope of professional activity.
The application stated that HTS records could not, on their own, constitute evidence of a crime either. The lawyers stated that a criminal conclusion cannot be drawn from mere phone contact without establishing the content, purpose and context of the conversations.
MLSA lawyers requested that the Batman 2nd High Criminal Court's conviction be overturned and that Koray Kesik be acquitted.
Background on case
The documentary "Bakur" (meaning "North"), directed by journalist Ertuğrul Mavioğlu and director Çayan Demirel, premiered in 2015. Its screening at the Istanbul Film Festival was canceled on the grounds of a "registration certificate" requirement. The film later won various awards at national and international festivals.
After the documentary's screening, a case was opened against directors Ertuğrul Mavioğlu and Çayan Demirel on a charge of "spreading organizational propaganda." The prison sentence handed down by the court of first instance was overturned on appeal. At the end of the retrial, the two directors were each sentenced to one year and 13 months in prison.
The İzmir Chief Public Prosecutor's Office launched an investigation in April 2024, this time into the documentary's cinematographer, Koray Kesik. Kesik was detained and then released with an overseas travel ban. The indictment presented the documentary footage, social media posts, HTS records and the book "Bakur Notes" found at his home as evidence.
On May 12, the Batman 2nd High Criminal Court sentenced Kesik to one year and 13 months in prison on a charge of "spreading organizational propaganda." MLSA lawyers took the decision to appeal.
