Press freedom in Turkey: 3 journalists appeared before judge per day in October

Click to read the article in Turkish

Formed by a group of voluntary journalists and documenting lawsuits against journalists in Turkey for two years, the Press in Arrest initiative released its October 2020 Press Freedom Report on November 5.

The report of the initiative has shown that in October in Turkey, in at least 45 press-related trials in 7 provinces, at least 74 journalists were prosecuted.

In the trials concerning these 74 journalists, the prosecutor's offices demanded 3 counts of aggravated life sentences, and a total of 321 years 6 months to 916 years 4 months 15 days in prison.

The report has also shared the following comment about the current state of press freedom in Turkey: "Barriers before the 'the people's right to receive news' crystallized this time in the detention of 4 journalists who reported on the allegation that security forces had detained two citizens in Van and then thrown them out of a helicopter."

'Judiciary weaponized against journalists'

Other highlights from the report are as follows: The judiciary continued to be weaponized against journalists in Turkey, as confirmed by the fact that every day in October, an average of 3 journalists were obliged to defend in a courtroom their profession and the people's right to receive news.

"In October in Turkey, in at least 45 press-related trials in 7 provinces, at least 74 journalists were prosecuted. 21 of them were women.

"In the trials concerning these 74 journalists, the prosecutor's offices demanded 3 counts of aggravated life sentences, and a total of 321 years 6 months to 916 years 4 months 15 days in prison.

"Women journalists appearing in court faced a total of 70 years 3 months 15 days to 185 years 8 months in prison.

"In the legal proceedings during October,

• 1 journalist was charged without a 'legal justification'.
• 26 journalists, 7 of whom were women, were charged with 'terrorism' offences.
• 8 journalists stood trial for allegedly 'insulting the President'.
• 10 journalists, including 4 women, were acquitted.
• 4 journalists were sentenced to a total of 7 years 11 months of imprisonment and 500 TL of administrative fine.
• The controversial 'Simple Trial Procedure' was implemented in a trial against a journalist for the first time.
• Panels of judges changed in trials concerning 40 journalists.
• The 'publicity of trial' principle was violated 32 times.
• The "presumption of innocence" principle was violated 3 times.
• The trials of at least 43 journalists prosecuted in October were adjourned until 2021.

Highlights from the legal proceedings:

• Bank accounts of journalists will be examined to determine whether they made any financial gain via their social media posts and news stories.

"Due to a 2018 news story about the 'economic crisis linked to the depreciation of the Turkish Lira vis-à-vis the dollar', 6 journalists stand trial for allegedly 'violating the Capital Market Law'.

"Back then, the USD-TRY exchange rate had shot up in two weeks from 4.70 TL to 7 TL as a political crisis erupted between the United States and Turkey for the imprisonment of pastor Andrew Brunson pending trial.

"The prosecutor alleged that the news story "includes fabricated and ill-intentioned allegations to give the impression that our country's banking and financial system is in dire straits".

"At the end of the fourth hearing, held in October, the court ruled to examine the journalists' bank accounts to determine whether they made any financial gain from their news reports and social media posts.

• Prosecutor requested sentence for a journalist without presenting a 'justification'

"Journalist Ender İmrek stands trial for an article he penned in June 2019 as regards President Recep Tayyip Erdoğan's wife Emine Erdoğan's French-made bag allegedly worth 50 thousand dollars.

"In the third hearing of the trial, in October, the prosecutor requested that İmrek be sentenced. However, he did not present a "justification" for this request. Lawyers objected to the prosecutor's 'judicial opinion without justification'. The judge overruled their objection.

"As the debate between the lawyers and the judge raged on, the hearing prosecutor stated, 'You must understand that my judicial opinion provides ample information. The trial was adjourned to receive İmrek's defense against this 'judicial opinion without justification.'

• "Simple trial procedure" employed in a press trial for the first time.

"The 'simple trial procedure' was added to the judiciary system with the legal amendment popularly known as the 1. Judiciary Reform Package.

"Accordingly, the legal proceedings concerning certain charges can be conducted on the basis of the case file, without holding a hearing.

"Journalist Hikmet Tunç, who is charged with 'insulting a state official on duty', and his lawyer accepted the 'simple trial procedure'. Accordingly, no hearings will be held during the legal proceedings, the defense statements and evidence will be presented in writing, and in case of a prison sentence, the prison term will be reduced by one fourth.

"In the month of October, journalists had to face not only these ongoing legal proceedings, but also new investigations and lawsuits, as well as arrests:

• At least 9 journalists faced a new investigation and/or criminal complaint, were detained or summoned to testify.
• New lawsuits were brought against at least 2 journalists.
• 4 journalists were arrested.

(HA/SD)

*Click here to read the full report written by Press in Arrest editors Sinan Tartanoğlu and Yeşim Yavuzer.