Journalist handed deferred prison sentence for sharing a photo on Twitter
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Dicle Müftüoğlu, an editor for Mesopotamia Agency and the co-chair of Dicle Fırat Journalists' Association, has been sentenced to 1 year and 3 months in prison for "propagandizing for a terrorist organization."
A case was filed against the journalist for sharing a 2014 report by the Dicle News Agency about the conflict in Syria.
She was charged with "terrorist propaganda" because the content she shared included a photo showing a member of the People's Protection Units (YPG), a Kurdish armed group in Syria that is considered a "terrorist organization" by Turkey.
Müftüoğlu and her attorney attended the hearing today (December 2) at the Diyarbakır 11th Heavy Penal Court.
In her statement of defense, Müftüoğlu refused the charges and requested her acquittal, saying that she shared a photo taken by the agency she worked for.
Stating its opinion as to the accusations, the prosecutor's office demanded the journalist be sentenced for "terrorist propaganda" as the photo she shared included an armed YPG member and "justified or encouraged the methods of the organization, which includes coercion, violence and threatening."
In response, attorney Resul Tamur said the journalist's privacy was violated as her social media account was reviewed without an order.
"My client was working for DİHA at the time, now she works for Mesopotamia Agency. My client was shown other photos before but they weren't included in the indictment because they had agencies' logos on them and now only this photo is shown," he said.
"This photo belongs to the Dicle News Agency. She made a comment, saying, 'The beginning of a good story" to draw attention to the photo.
"The ECtHR has clear decisions that photos that don't produce results cannot be considered an element of a crime. For this reason, I request my client's acquittal."
Announcing its decision, the court sentenced Müftüoğlu as per Article 7 of the anti-terror law and deferred the pronouncement of the verdict.
Article 7 of the anti-terror lawThose who establish, lead, or are a member of a terrorist organization in order to commit crimes in furtherance of aims specified under article 1 through use of force and violence, by means of coercion, intimidation, suppression or threat, shall be punished according to the provisions of article 314 of the Turkish Penal Code. Persons who organize the activities of the organization shall be punished as leaders of the organization. Any person making propaganda for a terrorist organization shall be punished with imprisonment from one to five years. If this crime is committed through means of mass media, the penalty shall be a) Covering the face in part or whole, with the intention of concealing identities, during public meetings and demonstrations that have been turned into propaganda for a terrorist organization b) As to imply being a member or follower of a terrorist organization, carrying insignia and signs belonging to the organization, shouting slogans or making announcements using audio equipment, or wearing a uniform of the terrorist organization imprinted with its insignia If the crimes indicated under paragraph 2 were committed within the buildings, locales, offices or their annexes belonging to associations, foundations, political parties, trade unions or professional organizations or their subsidiaries, within educational institutions, students' dormitories or their annexes, the penalty under this paragraph shall be doubled. |
(HA/VK)