bianet's human rights editor and journalist Ayça Söylemez appeared before a judge today, following a complaint from Justice Deputy Minister Akın Gürlek.
Söylemez attended the trial at İstanbul 29th Heavy Penal Court accompanied by her lawyer Güçlü Sevimli.
Reporters Without Borders (RSF) Turkey Representative Erol Önderoğlu monitored the trial.
The basis for the lawsuit is the article titled 'Talented Judge Sir' written by Söylemez on February 18, 2020, in BirGün daily. Söylemez is accused of 'targeting individuals who have served in the fight against terrorism.'
"A trial open to the public cannot be interpreted as disclosure"
In the trial Söylemez made a brief defense against the indictment.
During the time when the article was written, Söylemez pointed out that individuals who was judged by Akın Gürlek, the president of the heavy penal court in Istanbul at the time were well-known to the public, such as journalist Canan Coşkun, as well as the Republican People's Party (CHP) İstanbul Provincial Chairperson Canan Kaftancıoğlu, former Co-Chairperson of the People's Democratic Party (HDP) Selahattin Demirtaş, President of the Turkish Medical Association (TTB) Şebnem Korur Fincancı, members of the Progressive Lawyers Association (ÇHD), Peace Academicians, and executives and writers of Sözcü newspaper. She stated that these figures were of public interest.
She emphasized that all the information in her article was comprised of statements made in public trials open to the public.
Noting that the indictment mentions disclosure, Söylemez said, "All of my writings fall within the scope of freedom of expression. Besides, there is no disclosure of information."
The cases of Canan Coşkun, Barış Pehlivan and Buse Söğütlü
Following this, lawyer Güçlü Sevimli took the floor. Sevimli referred to other cases of journalists being tried based on complaints from Akın Gürlek.
She provided examples from the cases of Canan Coşkun, Barış Pehlivan, and Buse Söğütlü, reminding that they were acquitted.
Additionally, she submitted to the court the file of Alican Uludağ, who was tried in Ankara based on a complaint from prosecutor Yüksel Kocaman, which went to the court of appeals. Sevimli mentioned references to decisions from the Court of Cassation, the Constitutional Court, and the European Court of Human Rights cited in the acquittal decision by the court of appeals.
"We have seen many journalists, like Ayça Söylemez, who were tried based on complaints from Akın Gürlek. They were acquitted in all of them," she said.
Sevimli also presented to the court an article written by Timuçin Köprülü, one of the few academics working on Article 6 of the Anti-Terror Law (TMK) in Turkey.
Sevimli included Köprülü's statement in her defense, stating, "In practice, the courts interpret the concept of having a role in the fight against terrorism very broadly. However, that is not the purpose of Article 6. It should be interpreted narrowly." She mentioned that Akın Gürlek did not have a role in the fight against terrorism.
Quoting Köprülü's words, she said "Targeting should be very clear and understandable," and argued that there was no targeting in Söylemez's article.
Prosecutor demands penalty
The presiding judge Yusuf Polat asked the trial prosecutor Egemen Savun to present his opinion next.
In his opinion, Savun stated that Akın Gürlek had suffered and was an injured party, and requested the punishment of Söylemez.
Upon this, Söylemez's lawyer Sevimli requested time for defense against the opinion.
The court decided that the next hearing will be held on March 19, 2024.
JOURNALISTS ACQUITTED
Court affirms mentioning officials' names doesn't mean 'targeting them for terror groups'
BİA MEDIA MONITORING / JULY-AUGUST-SEPTEMBER 2023
Desire to silence journalists to conceal crimes
From Article 6 of Anti-Terror Law no. 3713
"Those who announce that the crimes of a terrorist organization are aimed at certain persons, whether or not such persons are named, or who disclose or publish the identity of officials on anti-terrorist duties, or who identify such persons as targets shall be punished with a fine of between 5 and 10 million Turkish liras."
(HA/PE)
