Seventeen groups announce support for rights defenders ahead of retrial of Özgür Gündem case

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Seventeen freedom of expression and human rights groups have announced support for three rights defenders ahead of the first hearing in the retrial of the Özgür Gündem newspaper case.

Erol Önderoğlu, the Turkey representative of the RSF, Şebnem Korur-Fincancı, the head of the Turkish Medical Association (TTB) and the Human Rights Foundation of Turkey (TİHV/HRFT) and Ahmet Nesin, a writer and a journalist, stood trial for having participated in the "editors-in-chief on watch" campaign in solidarity with the now-closed newspaper in 2016.

A total of 56 people stood trial for "terrorist propaganda" for acting as the editor-in-chief of the newspaper for one day each.

The three defendants were acquitted in July 2019 but an appeals court overturned the verdict on procedural grounds in November and ruled for the retrial of the case.

The first hearing of the new case will be held tomorrow (February 3). The defendants are facing up to 14 years in prison on the charges of "propagandizing for a terrorist organization", "openly inciting to commit crimes" and "praising a crime and criminal."

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"The retrial of this tireless free speech advocate is a dreadful illustration of the witch-hunt waged by President Erdoğan's government against its media critics," says the statement by 17 groups, including the RSF, the IFEX, the International Federation of Journalists, (IFJ) and the Committee to Protect Journalists (CPJ) and ARTICLE 19.

"Currently, Turkey is Europe's biggest jailer of professional journalists, and the few remaining independent media outlets are continuously harassed and marginalized, while detained journalists and closed media are denied any effective legal recourse.

"We denounce the ongoing detention and prosecution of journalists in Turkey as an autocratic attempt to silence all dissenting voices and to prevent independent journalists from carrying out their profession.

"We offer our support and solidarity to our colleague Erol Önderoğlu who has been prosecuted for the past four years in Turkey, and we call on the Turkish government to drop the charges against Erol Önderoğlu and his two co-defendants, Şebnem Korur Fincancı and Ahmet Nesin, and cease such oppression of journalists, academics and writers."

Sarah Clarke, the head of ARTICLE 19's Europe and Central Asia Programme, said, "The judicial harassment of Erol is part of a broad crackdown on freedom of expression in Turkey, and is emblematic of the abuse of law we're seeing meted out against hundreds of journalists and civil society actors in the country."

Gulnoza Said, the CPJ's Europe and Central Asia program coordinator, said, "Erol has been doing an important job of defending press freedom in Turkey, and his work should be appreciated, not punished. Turkish authorities should drop the charges against him, allow him to work in the country safely and take measures to improve Turkey's devastating press freedom record."

The statement has been signed by the following NGOs: ARTICLE 19, Committee to Protect Journalists (CPJ), European Federation of Journalists (EFJ), Index on Censorship, International Federation of Journalists (IFJ), International Press Institute (IPI), Media Foundation for West Africa (MFWA), PEN America, PEN International, Reporters Without Borders (RSF), World Association of Newspapers and News Publishers, IFEX, IFEX-ALC, European Centre for Press and Media Freedom (ECPMF)
Global Forum for Media Development (GFMD), International Federation for Human Rights (FIDH), International Media Support (IMS).

Özgür Gündem Trials

The Editors-in-Chief on Watch campaign of Özgür Gündem daily began on May 3, 2016, and ended on August 7, 2016. The newspaper was closed by the Statutory Decree No. 675 issued under the State of Emergency.

Investigations were filed against 49 of 56 editors-in-chief on watch, 11 of them have ended in verdicts of non-prosecution and 38 files have turned into lawsuits.

Relying on the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713, the 38 Editors-in-Chief on Watch stood trial on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations.

Cases in which court ruled no prosecution

İhsan Eliaçık, Sebahat Tuncel, Ahmet Abakay, Eşber Yağmurdereli, Hasip Kaplan, Işın Eliçin, Kemal Can, Mustafa Sönmez, Melda Onur, Uğur Karadaş, Nurcan Baysal.

1 of 38 cases dropped

Lawsuits were filed against 38 people, one of them has dropped. That is, as the charges brought against Deniz Türkali violated statutory limitations, they have been dropped.

188 months, 15 days in prison and 67 thousand TRY fine

In the trial of Editors-in-Chief on Watch, the court has announced its ruling on 34 people, namely: Şanar Yurdatapan, İbrahim Bodur, Cengiz Baysoy, Hüseyin Tahmaz, Çilem Küçükkeleş, Nadire Mater, Yıldırım Türker, Hasan Cemal, Faruk Balıkçı, Dicle Anter, Derya Okatan, Kumru Başer, Ayşe Batumlu, Jülide Kural, Murat Uyurkulak, Murat Çelikkan, Beyza Üstün, Nevin Erdemir, Hakkı Boltan, Hasan Hayri Şanlı, Tuğrul Eryılmaz, Hüseyin Aykol, Ayşe Düzkan, Ragıp Duran, Öncü Akgül, İhsan Çaralan, Ertuğrul Mavioğlu, Celal Başlangıç, Celalettin Can, Fehim Işık and Faruk Eren.

7 acquittals

The court has given a ruling of acquittal for the following 7 people: Erol Önderoğlu, Şebnem Korur Fincancı, Ahmet Nesin, Hasan Hayri Şanlı, Nevin Erdemir, Hüseyin Tahmaz and Hakkı Boltan.

27 people sentenced to 293 months, 15 days in total

27 people have been sentenced to 67 thousand TRY and 293 months and 15 days.

Murat Çelikkan, whose prison term was not deferred, entered Kırklareli Prison on August 14, 2017, was transferred to open prison on October 14, 2017, and released on October 21, 2017.
Ayşe Düzkan, the editor-in-chief on watch whose prison term was not deferred, was imprisoned on January 29, 2019, as the Court of Appeal upheld her prison sentence. Taken to Bakırköy Women's Prison, Düzkan was released on June 12.
Özgür Gündem Editor-in-Chief Hüseyin Aykol was arrested on July 12, 2019, as he was convicted and sentenced to 3 years, 9 months in prison. Aykol was released on October 25, 2019.
Editors-in-Chief on Watch Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı were arrested on June 20, 2016. They were released 10 days later.

Cases of 3 people still continue

Can Dündar, Said Sefa and Veysi Alta

Kızılkaya's cases

Özgür Gündem Managing Editor İnan Kızılkaya is a defendant in all 38 cases. His case was separated from the others in the trials together with the other Editors-in-Chief on Watch. İstanbul 23rd Heavy Criminal Court is combining Kızılkaya's case with the main trial.

Lawsuits against 9 columnists

Lawsuits were filed against the columnists of the newspaper Ömer Ağın, İmam Canpolat, İlham Bakır, Mehmet Şirin Taşdemir, Veysel Kemer, Yüksel Oğuz, Dilşah Kocakaya, Mehmet Ali Çelebi and Hüseyin Bektaş.

Dilşah Kocakaya, İmam Canpolat and İlham Bakır were sentenced to 15 months in prison each. While the prison term of Bakır has been deferred, those of Canpolat and Kocakaya have not been. Mehmet Ali Çelebi and Hüseyin Bektaş have been each sentenced to 1 year, 6 months in prison. The prison sentences have not been deferred.

Özgür Gündem main trial

In the main trial, Özgür Gündem Consultant Board members Necmiye Alpay, Aslı Erdoğan, Ragıp Zarakolu, Filiz Koçali, Eren Keskin, Editors-in-Chief Zana Kaya, İnan Kızılkaya, Kemal Sancılı and Bilge Oykut are standing trial.

In the hearing of the main trial held on April 10, 2019, the board of the İstanbul 23rd Heavy Penal Court ruled that Kemal Sancılı, the Grant Holder of the newspaper, should be released as he was convicted and sentenced to prison in another trial heard by the İstanbul 13th Heavy Penal Court. Sancılı is still behind bars.

Moreover, while Eren Keskin is standing trial in 47 cases as the former permanent Editor-in Chief of Özgür Gündem, Hüseyin Aykol is standing trial in 38 cases as the former permanent Editor-in-Chief of the newspaper.

(HA/VK)