Trials of 12 journalists, rights defenders for 'terrorism' charges continued in a week

Photo: Cumhuriyet

The trials of 12 journalists and rights defenders for "terrorism-related" charges, two journalists for "insulting the president," one journalist for "praising crime and criminals" and two journalists for "damaging reputation" continued between October 30 and November 5, according to bianet's Media Monitoring Database.

Here is this week's summary:

Özgür Gündem newspaper trials

An appeals court has overturned the verdict of acquittal for Reporters Without Borders (RSF) Representative to Turkey and BİA Media Monitoring Reporter Erol Önderoğlu, writer Ahmet Nesin and Turkish Medical Association (TTB) Chair Prof. Dr. Şebnem Korur-Fincancı in the "Özgür Gündem newspaper trial."

After the three people, among 53 others, participated in the "Editors-in-Chief on Watch" campaign launched in solidarity with Özgür Gündem, which was closed in 2016 by a statutory decree they stood trial for "propagandizing for a terrorist organization."

All three defendants were acquitted in July 2019 and the prosecutor's office had appealed the decision.

Handing down its judgment on November 3, the appeals court overturned the verdict on procedural grounds. The defendants will be retried.

Speaking to bianet after the judgment, Prof. Korur-Fincancı said, "As we know, such trial practices, which are put forward when needed, and their consequences, are a stance towards punishment."

"[They] want a sentence for us. This is very clear. Although the appeals court decision says 'procedure,' it ultimately defined our actions as a crime in its own terms. Therefore, the trial by the first instance court in these circumstances will not be an independent trial," she added.

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A pro-government businessperson's compensation claim against Cumhuriyet newspaper

Mehmet Cengiz, a businessperson close to President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan, sued daily Cumhuriyet last November over a report about the reconstruction of the historic buildings in Hüseyin Avni Paşa Grove in İstanbul's Asian-side district of Üsküdar.

According to the report entitled, "Luxurious outbuilding with a view to Bosphorus," four new buildings were being built in the place of two historic mansions and one outbuilding.

One of the buildings, the Hüseyin Avni Paşa Mansion, burned down in 2014, after Cengiz Construction company, owned by Mehmet Cengiz, bought the grove. The construction ban on the land was lifted after Cengiz's purchase, according to Cumhuriyet.

Filing a lawsuit through his attorney against the grant holder of Cumhuriyet newspaper and chair of the Cumhuriyet Foundation, Alev Coşkun, and reporter Hazal Ocak, Cengiz requested 1 million lira (~117,300 US dollars) for immaterial damages, alleging that the newspaper "committed a tortious act through the press" and "such news cause irreparable damage to the credibility and reputation of him."

The Reporters Without Borders (RSF) Turkey representative Erol Önderoğlu had told bianet that such lawsuits were used to "destroy newspapers and silence journalists."

"However, requesting 1 million lira from a journalist or a newspaper due to a news report can destroy the newspaper. And, in no way can we overlook the fact that an astronomical compensation is requested," he had said.

At the fifth hearing of the case on Wednesday (November 4), it was seen that the İstanbul 9th Administrative Court had replied to the request of Hazal Ocak's attorney for the case files regarding the subject area. The court will reexamine the obtained files and the next hearing will be held on January 20, 2021.

This was not the first time that the businessperson was at odds with Cumhuriyet. In 2016, the newspaper reported that it received a threat from the businessperson because of a news article on the Panama Papers.

Regarding the phone call, Cumhuriyet wrote:

"Today, at around 2.15 p.m., a voice calling the central office of Cumhuriyet in İstanbul said that Mehmet Cengiz wanted to speak in person and gave the phone to Mehmet Cengiz.

"He started his remarks, saying 'You put my picture on the headline, aren't you ashamed of yourselves?. He continued: 'I will fight you. I will stick those towers to you." He added, 'You pimps. Don't make me a killer'.

"Uttering a death threat by saying 'Don't make me a killer', Cengiz hung up the phone afterward."

Cengiz has not refuted Cumhuriyet's article about the phone call.

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"Insulting the president"

Over the past week, one journalist received a deferred prison sentence and another's trial continued for "insulting the president."

The former editor-in-chief of İleri Haber news site, Onur Emre Yağan, was given a deferred prison sentence for "insulting the president" on November 5 over four Twitter posts from the website's account in 2014 and 2015, at a time when he was not working for the website.

Journalist and economist Mustafa Sönmez has been on trial for calling President Erdoğan "the chief of a thief gang" and "a piece of dictator" on Twitter. At the hearing held on November 3, 2020, Mustafa Sönmez reminded the court board that legal action had been taken against him on the same charge and a decision of non-prosecution had been given. The petition submitted by President Erdoğan's attorney indicating that he waived from legal action was added to the case file. The next hearing will be held on March 9, 2021.

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Other cases

* A lawsuit has been filed against Hacı Boğatekin, an executive of Adıyaman Gerger Fırat local newspaper, on the charge of "praising a criminal" on the grounds that he called on the government to compromise with Abdullah Öcalan, the imprisoned leader of the outlawed Kurdistan Workers' Party (PKK) in Facebook posts in 2015-2016. The first hearing will be held at the Adıyaman 2nd High Criminal Court on November 26.

* An indictment against journalist Abdurrahman Gök for "membership of a terrorist organization" has been accepted by a Diyarbakır court.

* The trial of seven journalists for "membership of a terrorist organization" in the "Fethullahist Terrorist Organization (FETÖ) media case" continued. The "FETÖ," an Islamic sect led by US-based cleric Fethullah Gülen, is accused of orchestrating the 2016 coup attempt.

* The trial of ETHA news agency reporter for "memberhsip of a terrorist organization continued.

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