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Ayça Söylemez, the human rights editor of bianet and a columnist for BirGün newspaper, is facing up to three years in prison on charges of "marking counterterrorism officials as a target."
The case revolves around a piece written by Söylemez in BirGün in February 2020, titled "Mr. Talented Judge." The article discussed the cases handled by Akın Gürlek, who was presiding over trials involving politicians and journalists at the time.
Among these cases were those of Canan Kaftancıoğlu, the İstanbul provincial chair of the main opposition Republican People's Party (CHP), Selahattin Demirtaş, the imprisoned former leader of the Peoples' Democratic Party (HDP), Şebnem Korur Fincancı, the chair of the Turkish Medical Association (TTB), lawyers from the Progressive Lawyers Association (ÇHD), the Academics for Peace, and executives, writers, and staff from the Sözcü newspaper.
Gürlek was appointed as the deputy minister of justice after the elections in May.
Following Gürlek's complaint, the İstanbul Chief Public Prosecutor's Office initiated an investigation against Söylemez on charges related to her article. On June 22, Söylemez provided a statement at the police headquarters.
"A publicly known figure"
During her testimony, Söylemez noted that Gürlek was a publicly known figure for the cases he had heard, and therefore his name was newsworthy. Her article didn't include the name of any illegal organization, she added.
"I wrote about the cases [Gürlek] handled and the verdicts given in those cases, which are already publicly available information. Therefore, it cannot be said that I made Akın Gürlek a target of any organization.
"In conclusion, the mentioned column article is written entirely within the framework of my role as a journalist, with the sole purpose of informing the public and within the framework of freedom of the press and expression."
During her statement, Söylemez also pointed out that other journalists had been subjected to investigations and prosecutions based on the same allegations raised by Gürlek, presenting examples of non-prosecution or acquittal decisions with precedent value.
The indictment
Following the statement, the prosecutor prepared an indictment, which included eight paragraphs discussing the importance of the public's right to information and journalists' freedom of expression, with references to examples from the European Convention on Human Rights (ECtHR).
However, the prosecutor later argued that freedoms are not unlimited, asserting that it is necessary to restrict freedom of expression to protect public opinion and the state.
The prosecutor stated that without limitations, freedom of thought could lead to "anarchy," emphasizing that the primary duty of the state is to maintain public order.
The indictment accused Söylemez of "marking counterterrorism officials as a target for terrorist organizations" as per article 6/1 of the Anti-Terror Law, a charge frequently used in recent times to detain and prosecute journalists, and sought a sentence of one to three years in prison.
The İstanbul 29th Heavy Penal Court accepted the indictment but has yet to set a hearing date.
Anti-Terror Law Article 6/1Those who announce or publish that a crime will be committed by terrorist organizations against persons, in a way that makes possible that these persons can be identified, whether or not by specifying their names and identities, or those who disclose or publish the identities of state officials that were assigned in fight against terrorism, or those who mark persons as targets in the same manner shall be punished with imprisonment from one to three years. |
(HA/VK)
