Ercan Yeltaş, a newspaper distributor previously sentenced to 7 months and 15 days in prison for alleged "terrorist propaganda," has been acquitted following a retrial ordered by the Constitutional Court. The case stemmed from distributing Kurdish-language newspapers Rojeva Medya and Özgürlükçü Demokrasi.
Retrial and court proceedings
The retrial took place at the Diyarbakır 5th High Criminal Court, with Yeltaş and his lawyer, Resul Temur, in attendance. Yeltaş maintained his previous defense and requested acquittal. When questioned about distributing Rojeva Medya, he stated he had distributed Özgürlükçü Demokrasi but could not recall handling Rojeva Medya.
Temur emphasized that at the time of the newspaper seizures on August 18, 2017, there was no official confiscation or banning order under the Press Law. He argued that penalizing Yeltaş for distributing newspapers that were legal at the time was unlawful. He also presented evidence showing that copies of the newspapers had been submitted to the Press Prosecutor’s Office before distribution.
Despite the Constitutional Court’s prior ruling on rights violations, the prosecutor maintained the call for Yeltaş’s conviction. However, the court found that the elements of the alleged crime were not present and ruled for acquittal.
Background of the case
The charges originated from an incident in Bismil, Diyarbakır, on August 18, 2017, when distributor Veysi Altın was detained for possessing four copies of Rojeva Medya. Ercan Yeltaş and another individual, Hasan Erzi, were also arrested but later released pending trial.
In 2018, prosecutors charged all three with "terrorist propaganda." The Diyarbakır court initially acquitted them in April 2019, but the Gaziantep Regional Court overturned this decision, leading to a retrial. In March 2022, Yeltaş and Altın were sentenced, but their sentences were deferred (HAGB).
Following an appeal, the Constitutional Court ruled that Yeltaş’s rights to a reasoned judgment and a fair trial had been violated, mandating the retrial. This case highlights ongoing concerns about press freedom and judicial practices in Turkey, particularly regarding the treatment of Kurdish-language media.
