EYLEM SONBAHAR
Journalist Özlem Gürses has been sentenced to 1 year and 3 months in prison for "openly insulting the state's military organization" based on comments she made while evaluating developments in Syria during a broadcast on her YouTube channel. The court postponed the announcement of the verdict.
The second hearing of the case against Gürses, held at the 30th Criminal Court of First Instance in Istanbul, concerned her remarks made during a December 19, 2024, broadcast on her personal YouTube channel "TV OZ." She was charged with "openly insulting the state's military organization."
Gürses attended the hearing with her attorneys Hüseyin Ersöz, Enes Hikmet Ermaner, and Buse Şahin. Her mother and several journalists were also present to observe the proceedings.
Gürses says 8 seconds were taken from a 75-minute broadcast
Beginning her defense statement, Gürses told the court, "Your Honor, this process started on the evening of December 21, 2024, when I was detained in a hotel room in Ankara while with my mother. Months later, it continues with this hearing. It is alleged that I insulted or denigrated the Turkish Armed Forces based on the spread of an 8-second video clip selected from a 75-minute live broadcast, circulated by trolls and anonymous social media accounts."
‘I was imprisoned in my home for a word I neither said nor implied’
Continuing her defense, Gürses said, "I am living a nightmare created by the montage of two sentences together. Due to this fabrication, I have been under a travel ban for four months, missed two international conferences where I was scheduled to speak, was handcuffed, and had videos filmed on mobile phones circulated as part of a character assassination. Decisions were leaked to the press before we even saw them. I was placed under house arrest with an electronic bracelet for 52 days for a word I never accepted, said, or even implied."
Gürses noted that the ordeal she endured would be recorded in journalism and legal history, adding, "Neither I nor history can forget this. Ultimately, I have lived, am living, and will continue to live my life and profession in line with the values I believe in, hoping to leave an honorable legacy to my son."
Defense claims Gürses’ remarks were taken out of context
Attorney Hüseyin Ersöz began his defense statement by highlighting Gürses’ ordeal, stating that the Istanbul Chief Public Prosecutor’s Office had initiated the investigation without considering the December 19, 2024, live broadcast in its entirety. He criticized the December 20, 2024, "Video Analysis Report" prepared by the Public Safety Bureau of the Security Branch Office, saying it was incomplete and erroneous but nonetheless deemed sufficient for the investigation. Ersöz also noted that even the broadcast title was incorrectly cited in the report and that the video link included in the report now displayed a "This video is no longer available" warning.
Ersöz argued that Gürses’ remarks had been taken out of context and claimed the investigation had not been conducted lawfully, with evidence improperly collected and evaluated against his client. He insisted that the legal elements of the alleged crime had not been fulfilled and called for Gürses’ acquittal.
‘Copy-paste opinion’ from the prosecution, lawyer says
The prosecutor, presenting the final opinion on the merits of the case, alleged that Gürses had committed the crime of "openly insulting the state's military organization" and requested that she be convicted. The prosecutor also requested the lifting of Gürses' travel ban.
Attorney Enes Hikmet Ermaner criticized the final opinion as a "copy-paste" document prepared before the hearing, arguing that it was legally and morally unacceptable. He asserted that Gürses' defense statement had been disregarded and emphasized that his client had no intent to commit the alleged crime. Ermaner pointed out that the prosecutor's opinion failed to demonstrate intent and also demanded Gürses' acquittal.
The court sentenced Özlem Gürses to 1 year and 3 months in prison for "openly insulting the state's military organization." However, it postponed the announcement of the verdict and lifted Gürses’ travel ban.
