Six journalist organizations active in Turkey have called upon international bodies to show solidarity to secure the release of the detained award-winning journalist Dicle Müftüoğlu.
The Contemporary Journalists Association (ÇGD), Dicle Fırat Journalists Association (DFG), Media and Law Studies Association (MLSA), Mesopotamia Women Journalists Association (MKG), Press Union of Turkey (DİSK BASIN-İŞ), and Turkey Journalists Union (TGS) launched an international campaign urging the release of the incarcerated journalist Dicle Müftüoğlu. These journalist organizations sent a campaign call text to international press organizations and institutions working in the field of human rights.
Arrested on World Press Freedom Day
The campaign call sent to international institutions reads: "Dicle Müftüoğlu, an award-winning Kurdish journalist, Co-President of the Dicle Fırat Journalists Association (DFG), and editor at the Mesopotamia Agency (MA), is recognized for her valuable work in journalism. She was arrested and imprisoned on May 3, 2023, World Press Freedom Day.
Müftüoğlu was detained in Diyarbakır on April 29, 2023, as part of an investigation conducted by the Ankara Chief Public Prosecutor's Office. She has been held in Sincan Women's Closed Prison for about ten months. The indictment against her includes charges of 'membership in an illegal organization' and 'forming and leading an illegal organization.' However, upon examining the 43-page indictment, we found no specific accusation against Müftüoğlu in 41 pages of it.
Not released in past two hearings
During the hearings on December 14, 2023, and January 18, 2024, it was revealed that Müftüoğlu had no involvement outside her journalistic activities. The pressures on Kurdish journalists in Turkey are widely recognized. Müftüoğlu is just one of these journalists who has been repeatedly arrested and prosecuted. Yet, she seems to be subjected to an indefinite punishment through prolonged detention. Despite insufficient evidence for continued imprisonment, the judge did not grant bail in either hearing.
Dicle Müftüoğlu will face trial for the third time on February 29. Throughout her career, Müftüoğlu has always adhered to and defended journalistic principles and ethics, diligently fulfilling her duty to inform the public despite challenges. For her work, she was awarded the 'Most Resilient Journalist' by the Netherlands-based Free Press Unlimited.
An assault on press freedom
Müftüoğlu's arrest for her journalistic profession is not only an attack on her but also a severe assault on press freedom and the fundamental values of democracy. In this context, we call for steps to protect the rights of Dicle Müftüoğlu and all journalists and to overcome these groundless accusations. We expect an international campaign to be launched for her freedom before her trial on February 29.
It is crucial to recognize that journalism is an integral part of democracy, and protecting journalists means safeguarding freedom of expression and democracy. The case of Dicle Müftüoğlu and similar cases of other journalists should be taken into consideration, and necessary actions should be taken.
We thank you in advance for your support and assistance.”
The campaign call also included two separate reports prepared by the MLSA Legal Unit and attorney Resul Temur about Müftüoğlu.
Müftüoğlu's case
Journalist and Co-President of the Dicle Fırat Journalists Association, Dicle Müftüoğlu, was arrested during an operation by the Ankara Prosecution against Kurdish activists and politicians before the presidential elections in May 2023. She was brought to Ankara under poor conditions and imprisoned by the Peace Criminal Judgeship for alleged membership in a terrorist organization. She has been in prison for nine months and has appeared in court twice. Neither the indictment nor the trial process presented any concrete evidence supporting the terrorism-related charges.
Müftüoğlu's case is a typical example of a Strategic Lawsuit Against Public Participation (SLAPP) opened with the purpose of silencing Kurdish media critical of the government.
Her prolonged detention is a tactic of intimidation employed by the government. The baseless case against her is a serious violation of the right to a fair trial and freedom of expression, intending to intimidate journalists reporting on local elections.
In the case, Müftüoğlu's journalistic activities are presented as 'terrorist' actions, and the indictment is nothing more than value judgments. None of the presented evidence is acceptable in a modern legal system. The flaws and irregularities from the beginning of the process have violated Ms. Müftüoğlu's right to a fair trial.
Investigation process
The criminal investigation against Ms. Müftüoğlu started with a police raid on her home on April 28, 2023. The Peace Criminal Judgeship imposed a ban on access to the investigation files and a lawyer ban. Her lawyers were not informed and could not appeal the ban. Müftüoğlu's communication with her lawyers was blocked.
Meanwhile, she was approached for an 'interview' by the police without the presence of her lawyers. The prosecutor requested her arrest without taking her statement. She was arrested by the Peace Criminal Judgeship without any concrete evidence and sent to prison. Her lawyers continuously appealed the arrest, but to no avail.
During her transfer from Diyarbakır to Ankara, she was handcuffed on the bus for 24 hours. She was left hungry and kept in the dark during the transfer, violating the prohibition of ill-treatment.
Legeal procedure
The first indictment was opened in Ankara as a multi-defendant trial. The Ankara Court rejected the indictment on the basis of substance and procedure. After two rejections, the case was transferred to Diyarbakır courts while she was under arrest.
The Diyarbakır indictment spans 43 pages, but only two are dedicated to Ms. Müftüoğlu. The remaining part (40 pages) includes information about the KCK and PKK organizations.
These two pages of the indictment are far from the requirements of a coherent legal indictment. Ms. Müftüoğlu is accused of 'membership in an organization.' However, the prosecution fails to provide any direct or indirect evidence. Müftüoğlu is the editor of the legally registered Mesopotamia Agency (MA) in Turkey. The indictment presents her employment records and social security records at the legally registered Mesopotamia Agency as evidence.
Indictment based on secret witness
The indictment alleges Müftüoğlu participated in legal/illegal activities linked to PKK/KCK. The prosecution fails to specify which organizations are linked to PKK/KCK or what activities fall under this category. Telephone records of Müftüoğlu with other journalist colleagues are presented as evidence, but the content of these conversations is not addressed by the prosecution. The indictment relies on the statements of a secret witness, who admitted to being a state agent working in Kurdish media. His statements did not go beyond value judgments and claims, failing to provide any specific example or evidence of terrorist activity.
Staying in the same hotel as her father evidence of crime
It was claimed that Müftüoğlu visited Iraq in 2014. Her lawyers provided medical records proving she was hospitalized after a traffic accident and could not travel in such a condition. The indictment did not include proof of her excuse. The prosecution alleges Müftüoğlu used her civilian life as a cover for 'organizational' activities. A financial police report on her bank accounts and transactions was presented as proof of organizational activity, but it only included payments for published articles, financial transactions with journalist colleagues, and scholarship payments. The indictment considered staying in the same hotel as her father a crime.
Call for February 29 hearing
Müftüoğlu's detention has been repeatedly appealed. At the first hearing on December 7, the panel of judges issued a temporary detention order without allowing her lawyer, Veysel Ok, to present a defense. Müftüoğlu has been detained for over nine months without being able to perform her journalistic duties. She was awarded the 'Most Resilient Journalist' by FreePressUnlimited. Ms. Müftüoğlu's next hearing is scheduled for February 29, 2024. We invite the international community to stand in solidarity with Ms. Müftüoğlu.”
Law violated in the trial process
Attorney Resul Temur commented on the case process: "In April 2023, several politicians and citizens, including Dicle Fırat Journalists Association Co-President and Mezopotamia Agency journalist Dicle Müftüoğlu, were detained. Dicle Müftüoğlu is a press worker and has been a journalist for various media organizations for years. She founded and managed the Dicle News website for a while and worked as a news editor for many agencies. She was working as an editor at the Mezopotamia agency when she was detained and arrested. During her arrest, her phone, computers, news materials, archives, and other documents were confiscated at her home. Dicle Müftüoğlu is being tried for alleged membership in an organization at the Diyarbakır 5th High Criminal Court. At the second hearing on January 18, 2024, open witness Kerem Gökalp was heard, and it was decided to re-hear the secret witness, who was listened to illegally between the hearings. The court decided to continue Dicle Müftüoğlu's detention and postponed the hearing to February 29, 2024."
