- This week, in court cases concerning freedom of expression, 104 people were tried, including journalists, politicians, students, and human rights defenders.
- Former AKP MP Hüseyin Kocabıyık was sentenced to 2 years and 5 months in prison for “insulting the president.
- Journalists Levent Gültekin and PİRHA reporter Cihan Berk were detained.
- An operation was carried out against GAİN Media, resulting in the detention of three people and the appointment of a trustee to the company.
One of the most striking decisions of the week came from a case at the Istanbul 46th Criminal Court of First Instance, where former AKP Izmir MP Hüseyin Kocabıyık was on trial. Kocabıyık, who was being held in pre-trial detention on charges of “insulting the president” and “defamation,” received a sentence of 2 years, 5 months, and 5 days at his first hearing, which he attended via SEGBİS (Audio and Video Information System). The court accepted his social media posts, as well as the meetings and press conferences he participated in, as evidence. It was also notable that President Recep Tayyip Erdoğan was directly involved as a party in the case. A judgment of conviction was issued against Kocabıyık, and no judicial control measures were applied. You can read the news story here.
At the Istanbul 39th Criminal Court of First Instance, the trial of journalists Zeynep Kuray, Mahsum Sağlam, Pelin Laçin, Yadigar Aygün, and university student Yağmur Filiz was postponed during the first hearing. The defendants are charged with violating Law No. 2911 on public meetings and demonstrations for participating in a press statement planned in Şişhane to commemorate journalists Nazım Daştan and Cihan Bilgin, who were killed in Syria. Yağmur Filiz is also accused of “insult.” The journalists gave detailed accounts of the torture they were subjected to during detention. It was also noted that a new prosecutor was appointed to the case file shortly before the hearing. You can read the news story here.
Another case heard this week involved 50 people, including journalist Umut Taştan, who was detained while covering a protest against the verdicts in the Gezi trial. None of the defendants attended the hearing at the Istanbul 44th Criminal Court of First Instance, and only one lawyer was present. The charges include “resisting to prevent duty” and “participating in an unlawful meeting and march.” The court decided to wait for a written statement to be submitted in order to record the defense of one of the defendants, Deniz Kaplan, and postponed the trial to April 16, 2026.
Another case at the Istanbul 13th High Criminal Court involved human rights defender and lawyer Nurcan Kaya. In the case filed as part of the HDK (Peoples’ Democratic Congress) investigation, Kaya is charged with “membership in a terrorist organization” and “violating the law on the prevention of the financing of terrorism.” MASAK (Financial Crimes Investigation Board) reports, phone calls, and donations to legal associations were presented as evidence. The prosecutor submitted their final opinion in this hearing, seeking conviction. The hearing was postponed to Feb. 24, 2026, to allow time to prepare defense statements. The international travel ban on Kaya remains in place.
This week also saw a decision to bring journalist Yüksel Genç in by force in connection with the KCK Press Trial. The decision, part of a long-running mass trial involving many journalists and media workers, drew attention. You can read the news story here.
Other developments of the week
During the week of Dec. 15, pressure on freedom of expression and press freedom extended beyond courtrooms, continuing through administrative decisions, access bans, detentions, and interventions targeting media outlets.
At the beginning of the week, an investigation was launched into GAİN Media, leading to the detention of three people and the appointment of the Savings Deposit Insurance Fund (TMSF) as trustee to the company. The Chief Public Prosecutor’s Office stated that “based on MASAK reports and expert analyses, there is strong suspicion that an organized financial structure was established for the purpose of laundering criminal proceeds.” The reemergence of trustee appointments in the media sector has raised serious concerns over press freedom.
Decisions announced by the Constitutional Court last week were also reflected in public debate this week. The Court ruled that the phrase “sewer media” falls within the scope of freedom of expression and found the penalties imposed for serving as substitute editor-in-chief at Özgür Gündem to be lawful. The ruling reignited discussions over the limits of freedom of expression.
The justified ruling was announced in the case against journalist Fatih Altaylı, who was charged with “threatening the president” over remarks made in a YouTube broadcast. The court concluded that Altaylı used the word “assassination” with the intent of referring to “deliberate killing.” The justification became a focal point of criticism regarding press and expression freedoms.
Interventions in freedom of expression were not limited to criminal proceedings. Following an access ban on a news report by the Mezopotamya Agency concerning bribery allegations against a judge, access was also blocked to reports covering this access ban. The decision by the Beykoz Criminal Judgeship of Peace drew public reaction for undermining the right to access information.
Besides court rulings, administrative measures were also on the agenda. The Administrative Court annulled a protest ban issued by the Istanbul Governor’s Office covering March 19–23, 2025, deeming it disproportionate and unlawful. The ruling was seen as an important precedent in terms of the right to assembly and demonstration.
Toward the end of the week, detentions of journalists came to the forefront. Journalist Levent Gültekin was detained over social media posts on charges of “publicly disseminating misleading information.” In Dersim, PİRHA reporter Cihan Berk was detained in a morning house raid. The grounds for his detention were not shared with the public.
