Former bianet journalists Haluk Kalafat and Elif Akgül have been acquitted of charges of "publicly insulting the Turkish nation" under Article 301 of the Turkish Penal Code. The charges stemmed from six articles published on bianet in 2015, 2018, and 2019.
In the fifth hearing on Wednesday at the İstanbul 2nd Penal Court of First Instance, lawyer Veysel Ok from the Media and Law Studies Association (MLSA) defended the journalists. Ok argued that the prosecution's case was based on an unfounded interpretation of the journalists' work. He pointed out that the indictment heavily relied on subjective comments rather than concrete evidence.
Judge questions whether bianet is a news site in 'insulting Turkish nation' case
Despite a delay, the court session, including a recess, lasted only 10 minutes. The judge ruled for acquittal, citing that the alleged act was not defined as a crime by law.
The court's detailed reasoning will be released in two weeks.
The hearing was attended by representatives from Reporters Without Borders (RSF), the Committee to Protect Journalists (CPJ), and the Clooney Foundation, among others.
Background
In March 2019, a complaint was filed with the Presidential Communication Center (CİMER) accusing the journalists of "Armenian Genocide propaganda." The Ministry of Justice authorized the investigation on June 24, 2021, and an indictment was prepared on December 9, 2022, based on six articles published in Bianet.
During the hearing, which was delayed from its scheduled 2:00 PM start to 4:00 PM, the judge referenced the postponement in the previous session due to new evidence being submitted. This remark caused some laughter in the courtroom. The judge also mistakenly stated they were handling the 28th case of the day, which was later corrected.
Both Kalafat and Akgül requested their acquittal in their final statements. The judge granted this request after a brief recess, stating that the actions in question did not constitute a crime under the law.
The trial had seen four previous sessions, with the defense consistently arguing that the journalists were being unfairly targeted for their reporting. They emphasized that their work adhered to universal journalism principles and did not incite hatred or hostility.
The trial drew attention from international press freedom organizations. RSF Turkey Representative and Bianet Media Freedom Reporter Erol Önderoğlu, CPJ Turkey Representative Özgür Öğret, MLSA Co-Director Barış Altıntaş, Cansu Pişkin from P24, and Çiçek Tahaoğlu from the Clooney Foundation were present to show support for the journalists.
Article 301
Article 301 of the Turkish Penal Code is a law that makes it illegal to insult Turkey, the Turkish nation, or Turkish government institutions. The law originally criminalized “insulting Turkishness,” but was amended in 2008 to change “Turkishness” to “the Turkish nation.” This amendment also required the approval of the minister of justice to file a case. Since its introduction, Article 301 has been the basis for numerous legal cases and has attracted criticism for its impact on freedom of expression:
(1) A person who publicly degrades Turkish Nation, State of the Turkish Republic, Turkish Grand National Assembly, the Government of the Republic of Turkey and the judicial bodies of the State shall be sentenced a penalty of imprisonment for a term of six months to two years.
(2) A person who publicly degrades the military or security organisations shall be sentenced according to the provision set out in paragraph one.
(3) The expression of an opinion for the purpose of criticism does not constitute an offence.
(4) The conduct of an investigation into such an offence shall be subject to the permission of the Minister of Justice.
(HA/VK)
