Trial Monitoring

Prosecutor seeks punishment for journalist Elif Akgül in first hearing

Prosecutor seeks punishment for  journalist Elif Akgül in  first hearing

 

Journalist Elif Akgül stood trial today, April 2, 2024, in Istanbul’s 13th High Criminal Court, facing charges of "spreading terrorist propaganda" through social media posts made over a five-year span. The prosecutor, in the initial hearing, called for Akgül’s punishment.

Akgül, along with her attorney Fatih Aydın from MLSA Legal Unit, appeared in court. Akgül defended herself, arguing that her posts did not contain calls for violence or coercion, which are necessary elements for the crime of terrorist propaganda. She contended that being tried for sharing news reports was unjustifiable.

Fatih Aydın pointed out the absurdity of starting an investigation against a journalist for sharing news. The inquiry began with an open-source investigation by the police in Samsun, a power later revoked as it should only be initiated by a prosecutor’s directive. Aydın emphasized the innocence of Akgül, who merely shared a news story from ETHA about the use of chemical weapons, without adding personal comments. He requested the acquittal of his client and the examination of a CD submitted as evidence, which contained the ETHA news story in question.

The prosecutor, without reading the formal opinion, insisted on Akgül’s punishment. The indictment reminded that the Istanbul Gendarmerie Command and the Samsun Cyber Crimes Department had flagged Akgül’s social media posts from January 20, 2018, and October 18, 2022, as legitimizing the PKK and YPG and constituting propaganda. Akgül and her attorney requested time to respond to the prosecution's opinion, which was granted by the court. The court also ordered the expert analysis of the submitted CD and scheduled the next hearing for June 27 at 11 a.m.

Background of the Case

The trial of journalist Elif Akgül was prompted by reports prepared by the Samsun Police Department and Istanbul Gendarmerie Command. Despite no formal complaints, the Samsun Police initiated an investigation in November 2022. A report by the Samsun Cyber Crimes Department included Akgül's tweet about a bombing incident in Taksim and her sharing of an ETHA news story about the Turkish Armed Forces' alleged use of chemical weapons in Northern Iraq.

After being flagged by Samsun police for relating to the "PKK/KCK terrorist organization," the case was transferred to the Istanbul Chief Public Prosecutor's Office due to jurisdictional issues. The Istanbul Prosecutor’s Office of Terrorism and Organized Crime subsequently forwarded the case to the Istanbul Gendarmerie Command in January 2023, requesting a swift analysis of Akgül’s “criminal” posts and other potential social media accounts.

In addition to the tweets identified by Samsun police, the Gendarmerie's report also included Akgül's posts about deforestation for mining in Muğla's Akbelen area and the lack of aid for earthquake victims. The report even analyzed a tweet from January 20, 2018. Based on these findings, the prosecution selected two of Akgül's posts – a retweet of an ETHA news story and a tweet about Afrin – for the indictment, seeking a sentence of up to 13.5 years for "systematically spreading terrorist propaganda."

 

 

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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.