Court says journalists' equipment 'lost' after being confiscated during investigation

In the past week, two cases against journalists were concluded and five cases continued, according to bianet's Media Monitoring Database.

One journalist has been handed a prison sentence over a Twitter post from 2014, two have been acquitted of "publicly degrading the nation and the state" and two journalists have been released from remand.

Here is this week's summary:

Confiscated equipment could not be found

In the trial of Özgür Gündem, a daily newspaper that was shut down by a statutory decree in 2016 following a failed coup attempt, the seventh hearing was held yesterday (October 22).

Attorneys Özcan Kılıç and Sercan Korkmaz requested an inquiry about their clients' "digital materials" that were confiscated during the investigation and the return of the equipment.

The court concluded that as the seized digital materials have not been found, they cannot be returned to their owners.

Twenty-two people, including 20 journalists, are on trial for "resisting the police" during a raid on the newspaper's office in August 2016.

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Journalists' trial for reporting an incident of sexual abuse

Two executives of Kocaeli Halk newspaper, a local outlet in the northwestern Kocaeli province, were remanded in custody after they reported an incident of sexual abuse and rape, where they said some politicians from the ruling Justice and Development Party (AKP).

The two journalists, who are charged with "libel," were released from remand after spending 22 days behind bars.

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Trial for revealing the police's negligence in a massacre

In April, a criminal case was filed against two journalists from daily Cumhuriyet over a news report on the 2015 Ankara Massacre, where 103 people died after a suicide bomb attack by ISIS. 

The report published in November 2019 said that the police did not act despite receiving a tip about two ISIS members who were involved in the attack. 

Alican Uludağ, the reporter who wrote the article, and Olcay Büyüktaş, the newspaper's managing editor responsible for legal affairs, have been charged with "disclosing the identity of an informant" according to Article 6/3 of the Anti-Terror Law and are facing up to three years in prison.

The first hearing of the case was held at the İstanbul 32nd Heavy Penal Court on October 22, 2020. Following the identity check, Uludağ made his defense and rejected the charges. Indicating that his news report cannot be a subject matter of criminal proceedings, Uludağ said that the news should be considered within freedom of the press and demanded his acquittal. Akça also said that there was no crime or intention other than informing the public and demanded her acquittal as well.

After the defense statements, the court board has ruled that the deficiencies in the case file shall be rectified. The next hearing will be held on January 12, 2021.

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The first case without a hearing as per the new law

An investigation was launched against Jin News reporter Hikmet Tunç over an article about a "trustee" who was appointed as a district mayor in the mostly Kurdish-populated eastern province of Van after the elected mayor was dismissed due to a "terrorism-related" investigation against them.

The indictment charged Tunç with "publicly insulting a public official due to his or her duty." The first hearing of the case was scheduled for Wednesday (October 21). However, the court informed the parties that the trial would be held in a "simple trial procedure," which has been introduced with the 1st Judicial Reform Package. 

Accordingly, the court gave a decision without a hearing and demanded that Tunç and her attorney submit their defense and evidence in written form.

Tunç is facing 1 year and 2 months to 2 years, 4 months in prison. When the deficiencies are rectified, the case file will be examined without a hearing and a judgment will be handed down.

Article 25 of the Turkish Penal Code - Offenses gainer dignity Any person who attributes an act, or fact, to a person in a manner that may impugn that person's honor, dignity or prestige, or attacks someone's honor, dignity or prestige by swearing shall be sentenced to a penalty of imprisonment for a term of three months to two years or a judicial fine. Where the insult is committed against a public official due to the performance of his public duty, the penalty to be imposed shall not be less than one year

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Other trials

Journalist Sabiha Temizkan has been sentenced to 1 year and 3 months in prison for "propagandizing for a terrorist organization" over a 2014 tweet, in which she said, "Makhmur camp has been captured by ISIS..." MMD

Two journalists have been acquitted of "publicly degrading the nation and the state" in the trial over a news article about a US pastor's release from prison following negotiations between Ankara and Washington. MMD (1) (2) 

The trial of journalist Abdullah Kaya, a former reporter for Dicle News Agency (DİHA), which was shut down following the 2016 coup attempt, for "establishing a criminal organization" continued. He has already been convicted of "knowingly aiding and abetting a terrorist organization whilst not being a member" MMD

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(VK)