EYLEM SONBAHAR
A Turkish court has postponed the trial of journalist Tolga Şardan, who is facing charges over an article published on the news site T24 that allegedly revealed details from a confidential intelligence report submitted to the presidency. The piece reportedly discussed claims about corruption and irregularities within the judiciary.
At the third hearing held at Istanbul’s 2nd Criminal Court of First Instance, Şardan did not attend, but was represented by his lawyers Mustafa Gökhan Tekşen and Özlem Günel Tekşen. The court ruled to include a related case file involving journalist Barış Terkoğlu and former military judge Ahmet Zeki Üçok into Şardan’s case through the national judiciary informatics system (UYAP), and adjourned the trial to Nov. 20 at 2 p.m.
Şardan is being tried on charges of “publicly disseminating misleading information” and “openly insulting the judicial organs of the state” over his October 31, 2023 article titled “What’s in the MIT judicial report presented to the Presidency?”. He was detained on Nov. 1 and released five days later on Nov. 6.
In court, lawyer Gökhan Tekşen criticized what he described as a “dual legal system” in Turkey, pointing out that others, including pro-government commentator Cem Küçük, have shared similar information without facing prosecution. He also referenced public statements targeting teenager Berkay Gezgin, which likewise did not lead to investigations.
“Journalists not disclosing their sources is not a crime,” Tekşen said. “This article posed no clear and present danger. Therefore, the elements of a crime are absent. We demand an acquittal.”
Co-counsel Özlem Günel Tekşen cited a report by the Media and Law Studies Association (MLSA), “Freedom of Expression Under the Shadow of the Censorship Law,” and criticized the vaguely worded disinformation law, formally known as the “censorship law” by critics. She argued that the law is frequently used as a punitive tool against journalists.
“This law is filled with ambiguous language,” she said. “There are numerous examples of how it’s used like a stick against journalists. Given that no criminal elements exist in this case, we request our client’s acquittal.”
The trial has drawn attention from press freedom advocates. Erol Önderoğlu, Turkey representative for Reporters Without Borders (RSF), attended the hearing alongside lawyers from the Turkish Journalists’ Union and several other journalists.
