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Trial of journalist Fırat Bulut accused of creating 'misleading information' based on truthful report

Trial of journalist Fırat Bulut accused of creating 'misleading information' based on truthful report

Journalist Fırat Bulut faced trial for his earthquake-related post, accused of "publicly spreading misleading information." Documents revealing a prison fire and riot, which the Ministry of Justice and Elbistan Chief Public Prosecutor's Office had kept from public knowledge, were included in the case file. The Elbistan Chief Public Prosecutor's Office  requested a "lack of jurisdiction" decision to transfer the case to Bingöl.

Bulut, who sought asylum in Germany due to pressures faced in his journalism work, and his lawyers did not attend the third hearing of the trial held at the Elbistan 2nd Criminal Court of First Instance. He is being tried for "publicly spreading misleading information," with a prison sentence of 1 to 3 years sought, for reporting a riot and fire set by prisoners at the Elbistan E Type Closed Prison during the earthquakes in the Pazarcık and Elbistan districts on February 6, 2023.

The gendarmerie sent the court a document confirming that the news was not 'disinformation'

A report from the Elbistan District Gendarmerie Command included in the case file confirmed the occurrence of the prison fire. The report stated that, on the date of Bulut's post, prisoners at Elbistan E Type Closed Prison rioted and set fire to the A and B blocks of the prison. It was also noted that the Elbistan Chief Public Prosecutor's Office launched a judicial investigation, and the Ministry of Justice initiated an administrative investigation regarding the incident.

The trial prosecutor submitted their opinion on the merits of the case to the court, stating, "Considering the current statements, records, and the overall context of the file, we request a decision of lack of jurisdiction to be issued for the Bingöl Criminal Court of First Instance."

The court, in its interim decision, granted time until the next hearing for Bulut's lawyers to respond to the prosecutor's opinion on the merits and postponed the case to February 22.

Background:

Journalist Fırat Bulut was detained at Ankara Esenboğa Airport on March 10, 2023, upon returning from the earthquake-affected area of Malatya. After being held for two days, he was released following his statement. It was revealed that the investigation against Bulut, initiated by the Elbistan Chief Public Prosecutor's Office, was started under the "virtual patrol" method, which was later annulled by the Constitutional Court for being unconstitutional.

Bulut's post on February 8, which included a video showing smoke rising from the Elbistan Prison yards and claims of cells being set on fire, was presented as criminal evidence in the indictment. The indictment accused Bulut of committing the crime of "publicly spreading misleading information" under Article 217/A/1 of the Turkish Penal Code (TCK), seeking a prison sentence of 1 to 3 years.

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