Trial Monitoring

Week of December 22: Freedom of expression trials and other developments

Week of December 22: Freedom of expression trials and other developments

 

  • In Ankara, Diyarbakır, Istanbul, and Gaziantep, 108 people stood before a judge in at least 13 cases; a significant portion of those on trial were journalists.
  • Throughout the week, journalists Emrullah Erdinç and Barış Terkoğlu were taken into custody.
  • Journalists and trial observers were not allowed into courthouses this week either; violations of the principle of publicity in hearings are becoming increasingly widespread.

During the week of December 22, there was intense courtroom activity in the field of freedom of expression and press freedom in Ankara, Diyarbakır, Istanbul, and Gaziantep. The majority of the prosecutions were based on charges such as “membership in an organization,” “propaganda for an organization,” “insulting the President,” “insulting a public official,” and offenses related to meetings and demonstrations, while in none of the files was a ruling on the merits made.

One of the first hearings of the week was held in Ankara. Nefes Gazetesi reporter Nisanur Yıldırım appeared in a procedural hearing at the Ankara 41st Criminal Court of First Instance as part of a case opened on charges of “insulting a public official and slander” over her news report about the private company of Minister of Culture and Tourism Mehmet Nuri Ersoy. The hearing, in which the defense was heard, started late due to workload; the defendant was present at the hearing, while her lawyer did not attend, citing an excuse. The file was left in process to be sent to the main court.

In the multi-defendant files heard in Diyarbakır, journalists and politicians stood out. The 14th hearing of the case in which 38 people, including journalist and politician Tayyip Temel, are being tried on the charge of “membership in an organization” was held at the Diyarbakır 2nd High Criminal Court. The court requested the deficiencies in the file be completed and postponed the trial to a later date.

In the same city, the 17th hearing of the case in which journalist Ramazan Ölçen is being tried on the charge of “membership in an organization” also concluded without result. Developments regarding the hearing, in which it was decided to correct the missing points, were included in the news story published on the MLSA Turkey site titled “Ramazan Ölçen’s hearing postponed again.”

In the case of journalist Perihan Kaya heard at the Diyarbakır 10th High Criminal Court, the prosecution submitted its opinion on the merits. A sentence was requested for Kaya on the charge of “making propaganda for an organization.” The court decided to await the result of the process regarding the execution of the arrest warrant. Details about the hearing were conveyed in the news story titled “Sentence requested for journalist Perihan Kaya.”

In two separate files heard at the Diyarbakır 5th High Criminal Court, the proceedings did not progress. In the case of artist Ferhat Tunç being tried for “membership in an organization” and in the file of journalist Geşbun Ayşe Kara accused of “being a member of an organization,” the files were left in process while awaiting the execution of arrest warrants.

The week’s largest file was seen in Istanbul. In the case where those detained during the 23rd Istanbul Pride March are being tried, 53 people, including journalists, activists, academics, and lawyers, stood before a judge at the Istanbul 51st Criminal Court of First Instance. The lack of space in the courtroom, heavy police presence, and observers not being allowed into the courthouse marked the hearing. The request for police officers to be heard as witnesses also came up in the hearing. Details regarding the hearing were included in the news story titled “23rd Istanbul Pride March Trial: Police accused of torture blockaded the courtroom door.”

In another case heard in Istanbul, the lawsuit for 200,000 Turkish liras in damages filed by Turkuvaz Media Group Chairman of the Board Serhat Albayrak against academic-author Ceren Sözeri and the Evrensel newspaper was addressed. The court ruled to wait for the result of the related case. Details of the hearing were conveyed in the news story here.

In the case of Şebnem Korur Fincancı, Erol Önderoğlu, and Ahmet Nesin, who are on trial for supporting Özgür Gündemnewspaper’s “Editor-in-Chief on Duty” campaign, the court decided to await the response to a letter of request sent abroad.

In the case where journalist Hayko Bağdat, defended by MLSA, is being tried over his social media posts, and in the file of journalist Deniz Yücel, who is accused of “publicly insulting the Turkish nation and state” and “insulting the President,” the outcome of the arrest warrants is still pending. In the case of journalist İrfan Uçar heard in Gaziantep, the travel ban remains in place, while the current status of the investigation file was inquired from the court.

Other developments of the week

Throughout the week, developments in the field of press and freedom of expression were not limited to court hearings. Ekol TV announced it was ending its broadcast life. The European Court of Human Rights issued rights violation rulings that will serve as precedents for thousands of cases related to ByLock.

Journalists Emrullah Erdinç and Barış Terkoğlu were detained; Terkoğlu was released the same day with a travel ban imposed. In Istanbul Çağlayan Courthouse, citing some cases, journalists and trial observers were not allowed in—an increasingly routine practice starting this week.

At the international level, tensions between the U.S. and EU over the Digital Services Act (DSA) also stood out as a headline of the week. After the EU fined X (formerly Twitter) 120 million euros under the DSA, it was reported that one of the architects of the law, Thierry Breton, was subjected to a U.S. visa ban; the dispute escalated with statements from Marco Rubio and Emmanuel Macron.

 

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.