Week of April 13: Freedom of Expression Trials and Other Developments

The cases monitored during the week of April 13 once again revealed the intensity of prosecutions directed at journalists, activists, and other professional groups. A total of 10 separate cases were followed this week, in which more than 40 people were tried.

While journalists stood out prominently among those on trial, it was also observed that activists and politicians were targeted. Throughout the week, a significant portion of the cases was postponed due to the preparation of the prosecutor’s opinion or procedural reasons.

In Istanbul, in the case filed against journalist Zafer Arapkirli due to his social media posts, the court acquitted him of the charge of “inciting the public to hatred and hostility,” while sentencing him to 2 years and 6 months in prison for the charge of “publicly disseminating misleading information”; this decision was also reflected in the news report that Arapkirli was sentenced to prison on “disinformation” charges.

In the case in which 7 defendants, including journalist Ender İmrek, were tried on charges of “membership in an organization,” all defendants were acquitted; the decision was reflected to the public with the news story that the “HDK case,” in which journalist Ender İmrek and 5 others were tried, ended in acquittal.

On the other hand, despite statements that Article 217/A of the Turkish Penal Code, known as the “censorship law,” would not be applied to journalists, it was seen that these limits were expanded with the indictment prepared against Timur Soykan; this situation was reflected in the news story titled: "'Censorship law’ said would not be applied to journalists: limits expand in Soykan indictment"

In the case filed after the March 8 Feminist Night March, the trial of trans activist İris Mozalar began on charges of “insulting the president.” The hearing was postponed to address deficiencies, and the case was reflected to the public with the headline that trans activist İris Mozalar is being tried for “jumping” on March 8.

The first hearing in the case against journalist Timur Soykan was held, and the file was postponed for the preparation of the prosecutor’s opinion. In the same week,in the “Kayda Geçsin” case, in which Soykan is also among the defendants, the court announced its verdict; Şule Aydın was acquitted, while three journalists were sentenced to prison, and this development was reflected in the news story reporting the decision in the “Kayda Geçsin” case. Another case heard in Bakırköy, in which journalists Timur Soykan and Barış Pehlivan are being tried, could not be heard because the judge was on leave and was postponed to a later date.

In the case of journalist Umut Taştan and other defendants, who are being tried for covering the Gezi protests, the trial continued and the file was postponed for defense statements; the short duration of the hearing was reflected to the public with the news story that the Gezi protests case with 51 defendants lasted 15 minutes.

In the case in which journalist Hakkı Boltan and publishing house employee Delil Zenderalp are being tried, the proceedings on the charge of “making propaganda for an organization” were postponed for the prosecutor to prepare an opinion. In the same court, the case of journalist Berivan Kutlu, which was also opened based on social media posts, was again postponed to a later date for the same reason.

In the case heard in Ankara, the trial of forensic medicine specialist Ayşe Uğurlu, a member of the Turkish Medical Association, on charges of “insulting the president” resulted in acquittal. The inadequacy of courtroom conditions and the prevention of journalists from taking notes during the hearing drew attention.

Other developments

During the week, developments concerning freedom of expression also occurred outside of trial monitoring.

In response to the Ministry of Culture and Tourism’s application regarding a ban on a film, the defense submitted by MLSA lawyers drew attention to the irreparable harm that interventions against freedom of expression and artistic freedom would cause; this process was announced with the news story titled: "Defense from MLSA in the Rojbash case: “Intervention in freedom of expression and art causes irreparable harm”

In addition, it was decided to continue the detention of PİRHA reporter Cihan Berk.

The acquittal of lawyer Ruken Gülağacı within the scope of the “HDK case” and the arrest of lawyer Sezin Uçar, Deputy Co-Chair of the ESP, after being taken into custody, were among the other prominent developments of the week.

Furthermore, the detention of journalist Lütfü Yalğı following a news report about an attack and the blocking of access to journalist İslam Özkan’s social media account revealed different dimensions of pressure in the field of freedom of expression.

All these developments show that judicial and administrative interventions against freedom of expression continue to expand through both trials and investigations.

Violations of the right to a fair trial

Observations throughout the week showed that the week was problematic not only in terms of freedom of expression cases but also regarding the right to a fair trial.

Some hearings started late due to workload or delays of the panel; some courtrooms were small, poorly ventilated, or technically inadequate. In one hearing, journalists were not allowed to take notes on computers and phones, while in another, attempts to remove journalists without press cards from the courthouse after working hours led to controversy.

The establishment of a riot police barricade in the corridor in the İris Mozalar case, the presence of armed police inside the courtroom in the Ayşe Uğurlu hearing, and courtroom conditions in various files that made defense statements and monitoring difficult were among the main findings drawing attention in terms of the openness of trials and the right to defense.