Lawsuit Against 3 Journalists Over News Report

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A lawsuit has been filed against journalists Canan Coşkun, Ali Açar and Can Uğur, who reported on the investigation launched into the death of Berkin Elvan, who lost his life at the age of 15 after being shot with a tear gas canister during Gezi Park protests in İstanbul in 2013.

Can Uğur from daily BirGün, Canan Coşkun and Ali Açar have been charged with "targeting a public officer who served in counter-terrorism" as per the Article 6* of the Anti-Terror Law (TMK).

The indictment filed against the journalists has alleged that, by disclosing the identity of one of the suspect police officers in Berkin Elvan investigation, they have caused the officer to become a target for leftist organizations. 

The trial will begin at the İstanbul 34th Heavy Penal Court on April 9, 2020.

'The article falls within freedom of thought'

The news in dispute was published by Cumhuriyet newspaper with the title "Police Officer Allegedly Shot Berkin Elvan Didn't Remember His Place of Duty" and by BirGün newspaper with the title "The Reason for Confidentiality Order on Berkin Investigation: Lest His Reputation Be Damaged".

The İstanbul Chief Public Prosecutor's Office launched an investigation against both news articles dated March 11, 2016.

In her defense at the prosecutor's office, journalist Canan Coşkun has stated that she did not publish the surname of the police officer in her news and they published his picture in such a way that he was not recognizable in the photo. Coşkun has rejected the accusations.

As for Ali Açar, he has said that he did not make the news in question and that he only wrote the press statement of Elvan family's attorneys, adding that apart from this part, the rest of the news and content do not belong to him. He has also stated that he did not include any information or document about the content of the investigation in his news.

In his defense, Can Uğur has indicated that what he did was to report on the issues with public interest as required by the nature of journalism, that he published his news without adding any comments and that his news article falls within freedom of thought and freedom of obtaining information.

'Identity of suspect police officer disclosed'

The indictment filed against the journalists has also referred to prosecutor Mehmet Selim Kiraz, who was killed in İstanbul Courthouse in Çağlayan. According to the indictment, the DHKP/C** statement on Şafak Yayla and Bahtiyar Doğruyol, who killed Kiraz, the name of the suspect police officer was also revealed and he was threatened with death.

Alleging that "the death of Elvan is exploited by certain terrorist organizations", the prosecutor's office has claimed that these news have also caused the officer in question to become a target for leftist organizations. (AS/SD)

* Article 6 of the TMK: Those who announce or publish that a crime will be committed by terrorist organisations against persons, in a way that makes possible that these persons can be identified, whether or not by specifying their names and identities, or those who disclose or publish the identities of state officials that were assigned in fight against terrorism, or those who mark persons as targets in the same manner shall be punished with imprisonment from one to three years.

** DHKP/C: Revolutionary People's Liberation Party/Front