Ayça Söylemez, the human rights editor of bianet, has been acquitted of "marking officials who have taken part in counter-terrorism efforts as targets for terrorist organizations,” a charge she faced over a column article for BirGün newspaper.
The article was about Akın Gürlek, who presided over several high-profile political trials as a judge and is currently serving as the deputy justice minister.
bianet editor Ayça Söylemez faces lawsuit for 'targeting anti-terror officials' over column article
Söylemez and her lawyer Güçlü Sevimli attended today’s hearing at the İstanbul 29th Heavy Penal Court. Prosecutor Egemen Savun reiterated his opinion given during the hearing on November 22, requesting punishment for Söylemez.
In response to the opinion, lawyer Sevimli stated that according to Article 26 of the Press Law, the statute of limitations for filing a lawsuit is four months for daily publications and internet news sites. Therefore, he argued that the case had exceeded the statute of limitations. He also emphasized that the article fell within the scope of press freedom.
Sevimli also pointed out that Gürlek had not filed a complaint against Söylemez, noting that the investigation started with a report prepared by the police.
"A judge is not a counterterrorism official"
In response to the accusations, the lawyer referred to an article by Assoc. Prof. Dr. Timuçin Köprülü, one of the few academics working on Article 6 of the Anti-Terror Law (TMK) which covers "marking individuals who have taken part in counter-terrorism efforts as targets."
"We have submitted an article related to TMK Article 6 to the case file. As stated in the article, ‘marking as a target’ should involve a specific terrorist organization. This crime is not committed with general intent but with specific intent. This intent is the specific intention of the mark a person as a target for an organization,” said Sevimli.
“Furthermore, judges are not considered as individuals who have taken part in counter-terrorism efforts within the scope of TMK Article 6. There is a publicity element in the area where judges work. Therefore, it cannot be said that there is ‘marking as a target.’
“In this context, we request a verdict of acquittal on the grounds that the elements of the crime are not formed."
After the defense, the judge announced a break and said that only Söylemez and Sevimli would be allowed to enter the courtroom after the break. After reactions from journalists and the audience, they were allowed to enter the courtroom.
The court eventually acquitted Söylemez, stating that the legal elements of the crime were not fulfilled.
The court will announce its reasoned decision later. (HA/VK)
