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Writer Aslı Erdoğan, a member of the shutdown Özgür Gündem newspaper's Editorial Advisory Board, has been acquitted of "propagandizing for a terrorist organization" in the retrial following an appeals court ruling.
The final hearing of the writer was held at the İstanbul 23rd High Criminal Court yesterday (February 10). While Erdoğan did not attend the hearing, her lawyers were present in the courtroom. Referring to the pandemic, the presiding judge only allowed Aslı Erdoğan's mother to watch the hearing at the courtroom, leaving others, including the press, outside.
At the previous hearing on December 16, 2021, the court ruled that the URLs of the articles indicated to have been published by Aslı Erdoğan on the Internet should be asked from the Cyber Crimes Bureau.
As the answer sent by the Cyber Crimes Bureau indicated that the related articles could not be identified, the court board finalized the retrial. Concluding that the elements of the crime were not constituted, the court board has ruled that writer Aslı Erdoğan shall be acquitted.
What happened?
It was on May 3, 2016 when the Editor-in-Chief on Watch Campaign was launched for the Özgür Gündem newspaper, which was closed by a Statutory Decree. The campaign ended on August 7, 2016.
Of the 56 editor-in-chiefs on watch, 49 faced investigations; while 11 ended in non-prosecution, 38 files turned into court cases.
38 people who joined the Editor-in-Chief on Watch Campaign stood trial for "propagandizing for a terrorist organization" (Anti-Terror Law no. 3713 / TMK - Article 7/2) and "printing or publishing the declarations or statements of terrorisr organizations" (TMK Article - 6/2).
As there were more than 4 months (stipulated in the Press Law) between the dates when the articles were published and Aslı Erdoğan was indicted, the İstanbul 23rd High Criminal Court ruled that the charge of "propagandizing for an armed terrorist organization" should be dropped.
The court also concluded that Erdoğan did not commit the crime of "disturbing the unity and integrity of the state and being a member of an armed terrorist organization" and ruled for her acquittal.
However, the İstanbul Regional Court of Justice, the court of appeals, overturned the local court ruling of dropping the charges.
Erdoğan stood retrial for this reason.
She had spent 4 months behind bars
Aslı Erdoğan, a member of the Özgür Gündem Editorial Advisory Board, was taken into custody on August 17, 2016 by a police raid on her home. She was arrested on August 19, 2016. Held in prison for 4.5 months, Erdoğan, Necmiye Alpay and Zana Kaya were released on December 29. (HA/SD)
