Journalist Sinan Aygül acquitted in trial over "disseminating misleading information" under censorship law
Journalist Sinan Aygül was acquitted in a trial over charges of "disseminating misleading information to the public," a crime introduced in October 2022 as part of Turkey’s so-called "Censorship Law." The trial, held at the 2nd Penal Chamber of Van Regional Court of Justice, concluded with the court ruling that the legal elements of the alleged crime were not fulfilled.
Aygül and his lawyer, Diyar Orak, attended the hearing remotely via the Audio and Video Information System (SEGBİS). During the proceedings, Aygül reiterated his decision not to present a defense, criticizing the appeal court as merely an extension of local courts. "I refused to present a defense in the local court, and I won’t do so here, as it would legitimize this law," he stated.
After this statement, a member of the judicial panel reminded Aygül that the court was not there to debate the local court’s decision and urged him to focus on his defense. Aygül requested that his remarks be officially recorded, and the panel complied.
Legal arguments and defense
Following the prosecutor’s recommendation for acquittal, Aygül’s lawyer, Diyar Orak, supported the opinion and emphasized the hardships Aygül had faced during the investigation and trial process. "Our client was subjected to numerous violations, including a midnight raid on his home and an unjust arrest despite the absence of incriminating evidence," Orak said. He called for Aygül’s acquittal and compensation for the suffering caused.
After a brief recess, the court announced its decision, acquitting Aygül in accordance with a prior ruling by the Court of Cassation, which had found that the elements of the alleged crime were not met.
Background of the case
Sinan Aygül was arrested on December 14, 2022, after posting on social media about a child sexual assault case. He was released on December 22 following an appeal by his lawyers. On February 28, 2023, the Tatvan Criminal Court sentenced Aygül to 10 months in prison.
Aygül’s legal team appealed the decision, but the Van Regional Court of Justice rejected the appeal on May 26, 2023. The case then went to the Court of Cassation, which ruled in Aygül’s favor, overturning the regional court’s decision. The ruling referenced the legislative intent behind Article 217/A of the Turkish Penal Code (TCK), the provision added under the "Censorship Law" criminalizing the dissemination of misleading information to the public. This verdict is seen as a potential precedent for future cases under the controversial law.
