bianet editor Evrim Kepenek provides statement to prosecutor in 'disinformation' probe

The İstanbul Chief Public Prosecutor's Office has initiated an investigation into Evrim Kepenek, the editor of women and LGBTI+ news at bianet.

The prosecutor's office has called Kepenek for questioning, alleging that she engaged in "public dissemination of misleading information (Turkish Penal Code 217/A)" and "incitement to hatred and enmity among the public (Turkish Penal Code 216)."

bianet editor Evrim Kepenek also charged with disinformation

2 November 2023

Yesterday (November 2), Kepenek, accompanied by Beste Dönmez Gedek, an attorney from the Turkey Journalists' Union (TGS), went to the Istanbul Courthouse Press Crimes Investigation Bureau in Çağlayan but was unable to provide a statement due to the prosecutor's schedule.

Kepenek has given her statement today. During the questioning, the prosecutor asked, "Are you a journalist?" to which Kepenek responded, "Yes, I am a journalist."

"Our compass is the public's right to information"

Kepenek stated:

"Before responding to the accusations against me, I would like to provide some information about my journalistic activities. The content of the post I shared is, in fact, a part of my reporting. I have been working as a journalist since the year 2000. I am a member of the Turkey Journalists' Union and hold a position within the Istanbul branch.

"I am also a member of the International Federation of Journalists. I conduct journalism in accordance with the principles of the press council and the professional principles prepared by the Turkey Journalists' Association."

"We believe in the essence of journalism, which is to convey the truth to the public. Straying from this path, distorting the truth, is not a part of our journalistic understanding. We have one single truth. Our compass is to defend the public's right to information, to practice journalism, and to deliver the truth. It is precisely in the light of this truth that we continue our journalism, even during such times as the 6th of February earthquakes, when our hearts were heavy while trying to provide news coverage from the earthquake-affected areas."

"Every piece of information received from the region becomes news for us after it has been confirmed. I received this confirmation from my news source, who also provided the video. The video clearly shows the scuffle that took place. On the day I shared the post, AFAD had already announced that aid would only be provided by them. Additionally, the aid center for the Alevi community in Pazarcık reported that their facility was raided that day, and that the gendarmerie had come and seized the aid materials. I reported on this and shared the video."

"I did not disseminate information misleading to the public. It is not my intention to demean the public or incite hatred and enmity. On the contrary, I am a person who believes in peace journalism. The fact that aid was seized was significant information. Subsequently, a trustee was appointed to the aid center in Pazarcık. I do not accept the accusations; I am innocent. I request a decision of non-prosecution regarding myself."

"Open-source investigations are against the law"

Kepenek's attorney, Beste Dönmez Gedek, added:

"We fully endorse our client's statements. The investigation file relies on an 'open-source research report.' The Constitutional Court has found that open-source research reports, or virtual patrol applications, are unlawful. The Constitutional Court decision of February 19, 2020, declared this.

In this context, Article 6/18 of the Criminal Code has been repealed by the Constitutional Court's decision dated February 19, 2020, and numbered 2018/91 Basic 2020/10. Our client uses her social media account within the scope of her journalistic activities. The content under investigation is a news story.

Therefore, it should be evaluated within the framework of press freedom. There are no elements of a crime under Article 216 of the Criminal Code. The regulation of Article 217/A is currently under review by the Constitutional Court. A substantive examination will be held on November 8, and this regulation is not of the quality of law in terms of the elements of the offense."

"Furthermore, the alleged crime is a danger offense, and during the eight months that have passed since the content was shared, no concrete danger that could cause any harm has occurred. Therefore, this sharing should be evaluated within the scope of freedom of expression. For the reasons mentioned, we request a decision of non-prosecution."

What happened?

Journalist Evrim Kepenek shared a video on X on February 15, reporting that "the gendarmerie had seized aid tents in Maraş Pazarcık, and it was said that 'all aid will be distributed through AFAD.' Update: It was reported that many aid tents in the area were also being seized."

The Istanbul Chief Public Prosecutor's Office initiated an investigation against Kepenek based on this post. The investigation file included Kepenek's post, referred to as an "open-source research report."

The Constitutional Court declared a violation decision on "open-source research reports" or "virtual patrol application" on February 19, 2020. It found that collecting evidence through virtual patrol activities was illegal.

(DS/VK)