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Prosecutor demands journalists to be punished for "damaging Gaziantep Governor's reputation"

Prosecutor demands journalists to be punished for "damaging Gaziantep Governor's reputation"

EYLEM SONBAHAR

In a trial initiated by a complaint from Istanbul Governor Davut Gül, the prosecutor asked for punishments against journalists Nagihan Yılkın and Mustafa Büyüksipahi for allegedly damaging Gül's reputation in public over a news article published on Cumhuriyet newspaper's website at a time when Gül was Governor of Gaziantep.

The news article, titled "Criminal complaint against Gaziantep Governorate: Corruption and bribery network revealed," was published on the website of Cumhuriyet newspaper on March 15, 2022. The second hearing of the case, opened with the accusation of "insulting a public official" against reporter Nagihan Yılkın and then editor-in-chief of cumhuriyet.com.tr Mustafa Büyüksipahi, was held at Istanbul 2nd Criminal Court of First Instance on 13 July.

Neither Yılkın nor Büyüksipahi were present at the hearing, but they were represented by their lawyer, Damla Çaltepe. Governor Davut Gül's lawyer, Melike Nur Bak, also attended the hearing. The judge stated that there was no investigation file regarding any suspicion against the complainant, Gül.

Bak, who stated that their complaint remains in place, requested the completion of missing aspects.

Çaltepe, the journalists' attorney, said, "We are asking for time to get the investigation numbers carried out against the participant as a suspect."

The prosecutor, presenting his opinion on the merits, argued that the expressions used by the journalist in the news article that is subject to the case were intended to harm the complainant's "reputation in society" and therefore the legal elements of the insult crime were formed. He asked for Yılkın and Büyüksipahi to be punished for the alleged crime.

Bak stated, "We have nothing to say about the prosecutor's opinion; we request the defendants be punished." Following Çaltepe's request for time to respond to the prosecutor's opinion, the court accepted the request and postponed the hearing to December 5.

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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.