Twenty-four journalists stood trial in 13 cases in a week

Trials of 24 journalists for "terrorism" and other charges continued in the past week, according to bianet's Media Monitoring Database.

While four journalists from daily BirGün have been acquitted of charges, the sentences of seven employees of Sözcü newspaper have been upheld by an appeals court. One other journalist has also been acquitted of "managing a terrorist organization."

Here is the weekly summary of judicial interferences in news media:

Trials of Sözcü and BirGün

Journalists from Sözcü and BirGün, two daily newspapers critical of the government, were on trial for aiding the "Fethullahist Terrorist Organization/Parallel State Structure (FETÖ/PDY)," an Islamic group formerly allied with the ruling Justice and Development Party (AKP).

Later declared a "terrorist organization," the group is accused of infiltrating state institutions, including the army and the judiciary, and orchestrating the 2016 coup attempt.

While the prison sentences handed to journalists, columnists and executives of Sözcü newspaper have been upheld by the court of appeals, BirGün journalists have been acquitted. The judgment regarding Sözcü will be taken to the Court of Cassation. 

The prosecution of Sözcü started in May 2016 when arrest warrants were issued against Burak Akbay, the owner of the newspaper, and three employees for aiding the "FETÖ/PDY", which was later held responsible for the coup attempt on July 15.

A total of nine people from Sözcü, including eight journalists, faced charges during the trial and seven were handed prison sentences for "knowingly and willingly aiding a terrorist organization while not being included in its hierarchical structure" in the final hearing in December 2019.

The case of Akbay was separated and reporter Mediha Olgun was acquitted.

BirGün journalists also faced the same charge for reporting the posts of a Twitter account that was linked by authorities to the "FETÖ." 

The account "Fuat Avni," which was active between 2013 and 2016 and targeted the AKP in its tweets and claimed to give information from inside the party.

Several alleged members of the "FETÖ" were detained in an investigation against the account.

During the trial, the court looked at whether the journalists stayed in "FETÖ-linked" hotels and watched "FETÖ-linked" TV channels. 

Announcing its verdict on October 13, the court acquitted all defendants.

Article 220/7 of Turkish Penal Code: Any person who aids and abets an organization knowingly and willingly, although he does not belong to the structure of that organization, shall also be sentenced for the offense of being a member of that organization. The sentence to be imposed for being a member of that organization may be decreased by one-third according to the assistance provided.

Click to read the related articles on Media Monitoring Database (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

Former pro-government journalists' trial for "disclosing confidential information"

Five former employees of the Taraf newspaper, a former pro-government outlet that was shut down by a statutory decree following the coup attempt, have been on trial for "obtaining and securing documents relating to State Security," "disclosing information that must be kept confidential for reasons relating to the security, or domestic and foreign political interests of the State through the press," and "propagandizing for a terrorist organization".

The case is related to the "Sledgehammer (Balyoz) Plot," an alleged coup plot that Taraf claimed to reveal in its issue dated January 20, 2010. After the report on the newspaper, prosecutors had launched an investigation into the allegations, charging nearly 200 military officers, including high-ranking ones, with attempting to overthrow the government. 

In September 2012, dozens of military officers were handed prison sentences. However, the Constitutional Court ruled in June 2014 that the defendants' rights to a fair trial were violated and they should stand retrial. All 236 defendants were acquitted of charges in March 2015.

In 2016, a lawsuit was filed against Taraf's former administrators Ahmet Altan, Yasemin Çongar and Yıldıray Oğur, reporter Mehmet Baransu, and Aktüel magazine's reporter Tuncay Opçin.

In the last hearing of the case between October 12-15, Baransu was present in the courtroom while other defendants did not attend the hearing. Baransu rejected the charges.

Handing down its interlocutory judgment, the court ruled for the continuation of his detention on remand and the rectification of missing issues. The next hearing will be held on December 9.

Click to read the related articles on Media Monitoring Database (1) (2) (3) 

Other trials

*Sertaç Kayar, a journalist based in the Kurdish-majority southeastern province of Diyarbakır, stood trial for "founding and managing a terrorist organization" charges based on the evidence that he attended 31 different marches, demonstrations and press conferences as a journalist in Diyarbakır between 2012-2014. He was acquitted in the final hearing on October 9.

*The trial of journalist Sabiha Temizkan continued for "propagandizing for a terrorist organization" over a 2014 tweet where she said, "Makhmour camp has been taken over by ISIS..."

*The hearing of two reporters for the Mesopotamia Agency, Sadiye Eser and Sadık Topaloğlu, who were arrested in November 2019 and released in March, continued yesterday (October 15). The court ruled that the judicial control measure of giving signatures imposed on the journalists shall be lifted; the international travel ban shall remain in effect; the digital materials shall be returned, and a writ shall be notified so that a witness expected to be heard will be forcibly taken to court.

*Journalist Can Dündar's trial for the disclosure of a truck that belonged to the National Intelligence Organization (MİT) continued on October 14. The prosecutor has demanded that Dündar be sentenced to 22.5 to 35 years in prison on the charges of "obtaining confidential information for purposes of espionage" and "aiding the organization." The next hearing will be held on December 4, 2020.

*The trial of Buse Söğütlü, a reporter for Gazete Yolculuk website for "targeting an official who was involved in the fight against terrorism," started on October 14. A lawsuit was filed against Söğütlü after criticizing a judge on Twitter. 

*The second hearing of Cumhuriyet columnist Çiğdem Toker over a 2019 article about a foundation's relation with the municipality was held on October 15. The court gave time to the attorneys of the parties to make a written statement as to the expert reports notified to them and to the witness statements.

*The trial of journalist Rojhat Doğru for "attempted overthrow," "attempted murder" and "membership of a terrorist organization" continued on October 13.

*The trial of Sol news site's managing editor Uğur Güç for insulting a lawyer of President Recep Tayyip Erdoğan continued on October 12. The prosecutor demanded his acquittal.

*The trial of Deniz Yücel, Die Welt's former İstanbul correspondent who previously spent more than a year in prison in Turkey, for "insulting a public official" continued on October 13. The court has ruled that Yücel's statement shall be taken via letters rogatory.

(VK)