- The Istanbul 25th High Criminal Court acquitted journalists Esra Solin Dal and Mehmet Aslan, who had been tried on charges of membership in a terrorist organization.
- In the case of journalist Erdoğan Alayumat, the court ruled that the charge of membership in a terrorist organization had not been established. However, it found that his actions constituted the offense of making propaganda for an organization, sentencing him to 1 year and 3 months in prison. The court postponed the announcement of the verdict.
MLSA- An Istanbul court acquitted journalists Esra Solin Dal and Mehmet Aslan of membership in a terrorist organization, while convicting journalist Erdoğan Alayumat of making propaganda for an organization and sentencing him to 1 year and 3 months in prison, with the announcement of the verdict postponed.
The ruling was issued by the Istanbul 25th High Criminal Court in a case brought against Dal, Aslan and Alayumat, who were arrested and later released after prosecutors cited their news reports and social media posts as evidence for charges of membership in a terrorist organization. The court found that the legal elements of the offense had not been established in the cases of Dal and Aslan and acquitted them.
The court rejected the organization membership charge against Alayumat but ruled that his actions constituted the offense of making propaganda for an organization under Article 7/2 of Turkey’s Anti-Terror Law. It sentenced him to 15 months in prison and ordered a postponement of the announcement of the verdict.
At the hearing, which was not attended by Dal, Aslan or Alayumat, attorney Didare Hazal Sümeli of the MLSA Legal Unit, which represented Alayumat, requested that the case be merged with another case against her client pending before the Istanbul 13th High Criminal Court. The court said it would consider the request at a later stage.
In her defense statement responding to the prosecutor’s final opinion seeking a conviction, Sümeli said her client was a journalist and that the evidence in the case consisted of journalistic activities. She argued that those activities should be protected under freedom of expression and said Constitutional Court rulings make clear that journalists cannot be held responsible for the editorial policies of the media organizations for which they work.
Referring to wiretap records included in the case file, Sümeli said, “When you look at the transcripts, it is clear that they do not contain any criminal element.”
Arguing that the legal requirements for membership in a terrorist organization had not been met, she requested Alayumat’s acquittal.
Dal’s attorney, Ayşe Özdemir, and Aslan’s attorney, Habat Demircan, also presented separate defense statements. They said their clients were journalists and that the evidence consisted solely of news reporting.
The attorneys cited Court of Cassation rulings that clearly define the elements of membership in a terrorist organization. They argued that the criteria required for such a conviction — continuity, diversity and intensity of activities, inclusion in the organization’s hierarchical structure, and an organic link to the organization — were absent in their clients’ cases. They requested acquittals.
In an interim ruling, the court rejected the request to merge the two cases against Alayumat, citing a “legal interruption between the acts.”
After a recess, the court announced its verdict, acquitting Dal and Aslan on the grounds that the legal elements of the offense had not been established.
In Alayumat’s case, the court declined to convict him of membership in a terrorist organization. Instead, the panel found that his actions fell within the scope of the offense of making propaganda for an organization under Article 7/2 of the Anti-Terror Law and imposed a 15-month prison sentence. The court also ordered a postponement of the announcement of the verdict.
Background of Cases
Mezopotamya Agency (MA) reporters Esra Solin Dal and Mehmet Aslan, along with journalist Erdoğan Alayumat, were detained on April 23, 2024, as part of an Istanbul-based investigation. After three days in police custody, they were arrested on April 26, 2024, on charges of membership in a terrorist organization.
The indictment against the journalists was completed on May 8, 2024. Prosecutors cited their coverage of press statements and their contacts with news sources as evidence supporting the charges.
After accepting the indictment, the Istanbul 25th High Criminal Court ordered the journalists’ release pending trial the same day, subject to judicial control measures including a travel ban and a requirement to remain at their residences.
