AYTEN ŞEKER
In a trial initiated following a complaint by Deputy Minister of Justice Akın Gürlek, journalist Mansur Çelik, the Managing Editor of ANKA, is facing a potential three-year prison sentence on charges of "targeting individuals involved in counter-terrorism efforts."
The third hearing of the case took place today at the 22nd Heavy Penal Court in Ankara. Among those attending were Okan Konuralp, a Member of Parliament from the CHP party, as well as representatives from the Journalists' Association, the Contemporary Journalists Association (ÇGD), and the Turkish Journalists Union (TGS).
Çelik is being prosecuted for an article titled "Judge Who Left a Mark on Turkey's Agenda" published on October 14, 2020, which alleged that Gürlek, during his tenure as the President of the 14th Heavy Penal Court in Istanbul, failed to implement a Constitutional Court decision related to CHP Member of Parliament Enis Berberoğlu. The indictment charges Çelik with the offense of "targeting individuals involved in counter-terrorism efforts" as outlined in Article 6/1 of the Counter-Terrorism Law.
The prosecutor argued that Çelik's freedom to report as a journalist should not be questioned within the scope of constitutional and press freedom regulations. However, the prosecutor listed contractual and legal provisions that restrict freedom of expression. The prosecutor stated that journalists have the right to report while adhering to the principle of the "presumption of innocence" and claimed that there was "specific intent" in the article about Gürlek.
The prosecutor mentioned that the 14th and 27th Heavy Penal Courts in Istanbul, where Gürlek had previously served as a judge, were authorized by the Council of Judges and Prosecutors (HSK) as "terrorism courts." The prosecutor further noted that according to Article 6/1 of the Counter-Terrorism Law, judges and prosecutors engaged in counter-terrorism efforts were included in this category, and there was "no doubt" about it.
In this context, the prosecutor emphasized that judges and prosecutors, regardless of whether they were recognized, were prohibited from disclosing "explicit identity information and revealing their identities with specific intent."
The prosecutor cited provisions that restrict freedom of expression in their opinion
The prosecutor cited Article 10, Paragraph 2 of the European Convention on Human Rights, which limits the freedom of expression, stating that the prevention of disclosure of private information is one of these restrictive conditions.
The prosecution argued that the news in question in the indictment was not "informative for the public" and had the "characteristics of revealing the identity of the victim."
The prosecution demanded a penalty for Çelik according to the "targeting" regulation in the Counter-Terrorism Law, which carries a maximum sentence of three years in prison.
Attorney Çağlayan: Political Decisions Were Reported; Gürlek Is Now a Political Figure
Attorney Çağlayan argued that the case against Mansur Çelik began with an anonymous letter and has since evolved into an attempt to accuse him based on unrelated factors.
He pointed out that Akın Gürlek, who filed the complaint, is now a political figure serving as a deputy minister. Çağlayan emphasized that the law doesn't specify which court judges serve; those appointments are made later.
He also noted that the article in question didn't label Çelik as a "terror judge." Çağlayan mentioned that there were previous press releases about Gürlek, and some recent cases involving him had resulted in acquittals.
The trial has been adjourned until November 9, 2023, to allow Çelik time to prepare his defense on the merits.
