Photo: Journalists Faruk Eren and Furkan Karabay (second and third L respectively) outside the courtroom ahead of their trial.
MLSA
In a hearing on 5 March, journalists Faruk Eren and Furkan Karabay were acquitted of charges of "targeting individuals involved in counter-terrorism efforts," brought upon them following a complaint by Constitutional Court member İrfan Fidan. The unanimous decision for Eren and majority decision against the presiding judge's opposition for Karabay were made in the second hearing of their trial at the Ankara 4th High Criminal Court.
Faruk Eren, editorial manager of Gerçek Gündem, and editor Furkan Karabay were initially accused of targeting individuals involved in counter-terrorism. This trial was combined with another similar case at the Ankara 22nd High Criminal Court.
During the hearing, Karabay and his attorney Enes Hikmet Ermaner joined via video link from Istanbul, while Eren's lawyer, Kerem Altıparmak of the Freedom of Expression Association, attended in person. The prosecutor reiterated his previous opinion, advocating for the punishment of both journalists.
In his defense, Karabay expressed his lack of expectation for a fair trial, criticizing the prosecutor's indictment as a mere copy-paste of the original complaint and not expecting a decision that would displease potential Constitutional Court President İrfan Fidan. He regarded any verdict, whether acquittal or conviction, as null and void in his view.
Ermaner highlighted that the court had not yet reviewed written defenses and argued for the necessity of a trial compliant with the standards of terror-related cases, stating that mere reporting cannot constitute the crime in question.
During Ermaner's defense, the presiding judge admonished journalists in attendance not to record the proceedings and even prohibited the use of computers, despite no restrictions being placed on the case file. This prompted objections from the journalists.
Altıparmak, in his defense, pointed out the statute of limitations regarding press law, arguing that the case should not have been opened due to the expiration of the four-month period for filing such cases. He also noted the impracticality of a managing editor reviewing hundreds of daily news items and reminded the court of precedent acquittals in similar cases.
After the defenses, Karabay reiterated his stance that any decision by the court held no value for him, as the case should not have been opened in the first place.
Following a brief recess, the court reconvened to announce the verdict. Despite the presiding judge's opposition, both journalists were acquitted on the grounds that the act they were charged with is not defined as a crime under the law.
This case is particularly noteworthy as it touches on the delicate balance between counter-terrorism efforts and press freedom in Turkey. The acquittal of Eren and Karabay, despite the initial charges, reflects ongoing tensions and challenges in ensuring journalistic freedom while addressing national security concerns.
