Court of appeals overturns journalist’s prison term over a tweet from 6 years ago

* Photo: Evrensel

Click to read the article in Turkish / Kurdish

The 3rd Penal Chamber of the İstanbul Regional Court of Justice has overturned the prison sentence of journalist Sabiha Temizkan.

Sentenced to 1 year, 3 months in prison over a tweet from 2014, where she said, "Makhmur camp has been captured by ISIS...", Temizkan has been acquitted by this recent ruling of the court of appeals.

In reversing the ruling of the local court, the 3rd Penal Chamber of the İstanbul Regional Court of Justice has concluded that the elements of the crime were not constituted, saying, "...it has been confirmed by our chamber that the defendant's post, which does not praise, legitimize or incite the terrorist organization's acts of force, violence and threat and has the characteristics of a news report, does not constitute the offense of propagandizing for a terrorist organization..."

Ruling that the conviction of Sabiha Temizkan shall be lifted, the court of appeals has ruled for her acquittal. The court board has also ruled that the attorney expenses shall be paid to the journalist.

'What must happen has happened'

Speaking to bianet following her acquittal by the court of appeals, Temizkan has said: "Today, journalists are constantly put on trial due to the news they have reported. It was one of these cases.

"A court case was filed into a tweet of mine from six years ago. It was a court case that should not have taken place in the first place. With the ruling of the court of appeals, what must happen has happened. I wish that all jailed journalists and my friends standing trial due to their news will be acquitted. Journalism is not a crime. We will keep on doing this."

What happened?

On August 7, 2014, Sabiha Temizkan tweeted, "Makhmur camp has been captured by ISIS, HPG has stated that they will defend South Kurdistan to the end." Nearly 6 years after this tweet was posted, the journalist was summoned to give her statement on charge of "inciting the public to enmity and hatred. In April 2020, the İstanbul Chief Public Prosecutor's Office indicted Temizkan for "propagandizing for a terrorist organization."

Four hearings were held at the İstanbul 35th Heavy Penal Court after the indictment had been accepted by the court. At the final hearing on October 22, 2020, journalist Sabiha Temizkan was sentenced to 1 year, 3 months in prison for "propagandizing for a terrorist organization."

As Temizkan had not accepted the deferment of the pronouncement of the verdict in the event of her conviction, the pronouncement of the verdict was not deferred by the court, which also did not defer the prison sentence on the grounds that Temizkan "had not shown remorse during the trial and it was not concluded that she would not commit the same offense again."

Temizkan appealed against this ruling. (HA/SD)