Press freedom in Turkey: At least 40 journalists prosecuted in November

* Photo: Hikmet Adal / bianet

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

According to the Press in Arrest report titled "'Publicity of Trial Principle' Violated Under the Pretext of the Pandemic", at least 40 journalists, including 8 women, were prosecuted in at least 30 press-related trials in 8 provinces.

The report has further shown that in the trials concerning these 40 journalists, the prosecutor's offices demanded 2 of aggravated life sentences and a total of 201 years 4 months to 497 years 2 months in prison.

Press in Arrest has observed that, in the press trials held in Turkey since the onset of the novel coronavirus (COVID-19) pandemic in the country in mid-March 2020, hearings have been held closed to observers and the public in an arbitrary manner, under the pretext of "protection measures".

"In the period from March to the beginning of December, in 38 hearings concerning 73 journalists, observers were not admitted to the courtroom or a restriction was imposed on the number of observers attending the hearings, under the pretext of the coronavirus outbreak," it has noted.

22 faced terror charges, 9 accused of insult

Some highlights from the report are as follows:

In November in Turkey, in at least 30 press-related trials in 8 provinces, at least 40 journalists were prosecuted. 8 of them were women.

In the trials concerning these 40 journalists, the prosecutor's offices demanded 2 counts of aggravated life sentence, and a total of 201 years 4 months to 497 years 2 months in prison.

A total of 1 million 470 thousand TRY was requested in non-pecuniary damages in claims for damages against 3 journalists and 3 media outlets.

Women journalists appearing before a judge faced 33 years 7 months 15 days to 86 years 1 month 15 days in prison.

Two female journalists presented their defense in lawsuits where they faced 1 million 270 thousand TRY in claims for damages.

Journalist Hazal Ocak faced a total of 1 million 220 thousand TRY in non-pecuniary damages in three separate claims for damages in November.

28 journalists were prosecuted in high criminal courts, and 11 in criminal courts of first instance:

• At least 28 journalists appeared before a judge in high criminal courts.
• Trials against at least 11 journalists continued at criminal courts of first instance.
• Under the scope of lawsuits for damages, 3 journalists and 3 media outlets appeared in civil courts of first instance.
• 22 journalists were charged as per "Anti-Terror Law":
• At least 22 journalists had to present their defense statements against charges of terrorism offenses
• At least 8 journalists were charged with "membership of an armed terror organization,"
• 7 journalists with "spreading propaganda for a terror organization," and
• 3 journalists with "targeting a state official who took part in anti-terrorism efforts."
• On the other hand, at least 6 journalists were charged with "knowingly and willing aiding a terror organization without being part of its hierarchical structure".

9 journalists were accused of "insult":

• A total of 9 journalists appeared before a judge for alleged "insult".
• At least 6 journalists continued to stand trial for "insulting the President." In this scope, two journalists were sentenced to prison.
• 3 journalists charged with "insulting a state official" were acquitted.
• "Publicly inciting the population to hatred and enmity", "slander", "disclosing confidential information concerning the state's security and domestic and foreign interests" etc.
• At least 3 journalists continued to face the charge of "publicly inciting the population to hatred and enmity" in ongoing trials.
• One journalist was charged with "intentionally damaging the reputation or assets of a bank, or disseminating groundless news stories,"
• One journalist with "slander,"
• One journalist with "showing resistance to prevent an official from performing their duty,"
• One journalist with "attempting to overthrow the Turkish government through force and violence" and "attempting to overthrow the constitutional order through force and violence," and
• Four journalists with "disclosing confidential information concerning the state's security and domestic and foreign interests"...

10 journalists in total started being retried:

• 10 journalists appealed the verdicts of the district courts in courts of appeal and Court of Cassation, which overturned the previous verdicts.
• District courts complied with the decisions of the courts of appeal and Court of Cassation, and as a result 10 journalists started being retried in district courts.
• In November, the first hearings were held in these retrials against a total of 10 journalists.

4 journalists were handed down prison sentences:

In November, at least 4 journalists were sentenced to a total of 19 years, 11 months in prison.

• Journalist Ali Ergin Demirhan was sentenced to 1 year, 2 months and 17 days in prison for "publicly insulting the President."
• Journalist Onur Emre Yağan was sentenced to 1 year, 2 months, 17 days in prison for "publicly insulting the President in a continuous manner" even though President Tayyip Erdoğan had withdrawn his complaint. The court deferred the announcement of the verdict.
• Journalist Mehmet Baransu was sentenced to a total of 17 years, 1 months in prison on the charges of "obtaining confidential information", "disclosing this information in a continuous manner" and "obtaining and publishing information and documents regarding the activities of the National Intelligence Organization (MİT)"
• Journalist Yılmaz Özdil was sentenced to 5 months in prison under a trial for "violating the Military Penal Code". The court deferred the announcement of the verdict.

4 journalists were acquitted:

• On trial for allegedly "insulting a state official on duty" due to a news story from the time when he served as editor-in-chief, journalist Uğur Güç was acquitted.
• The court acquitted journalists Uğur Koç and Mustafa Kömüş from the charge of "publicly insulting a state official on duty" in the lawsuit filed upon a criminal complaint by the ex-Minister of Treasury and Finance, Berat Albayrak.
• In a trial where he was prosecuted alongside Mehmet Baransu since 2014, journalist Murat Şevki Çoban was acquitted of the charges.

Trials of 33 journalists were adjourned:

• The trials of 33 journalists appearing before a judge in November were adjourned. The trial of two journalists in İzmir was postponed since an earthquake damaged the courthouse.

(SO/SD)

* Click here to read the full report