31 May 2019 | Turkey, Turkey Incident Reports
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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”39 Incidents” use_theme_fonts=”yes”][vc_custom_heading text=”Imprisoned journalist Ayşe Düzkan transferred to open prison” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]
Ayşe Düzkan
23 May 2019 – Imprisoned journalist Ayşe Düzkan was released from Bakırköy Women’s Prison in response to her numerous requests to be transferred to an open prison.
Düzkan was to be transferred to the women’s open prison in Eskişehir province within the next 30 hours following her release, Mezopotamya Agency reported. She will serve the remaining part of her 18-month sentence in Eskişehir.
Düzkan was imprisoned on 29 January 2019 to serve the sentence she was handed down in January 2018 for participating in 2016 in a campaign for solidarity with the now-defunct pro-Kurdish newspaper Özgür Gündem.
Link(s):
http://mezopotamyaajansi18.com/tum-haberler/content/view/58682
https://bianet.org/english/women/208790-journalist-ayse-duzkan-referred-to-eskisehir-open-prison
https://yesilgazete.org/blog/2019/05/24/ayse-duzkan-eskisehir-acik-cezaevine-sevk-edildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Prosecutor seeks conviction for Gazete Karınca’s publisher in first hearing” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]
23 May 2019 – Necla Demir, the former publisher of the online news website Gazete Karınca, appeared before the 33rd High Criminal Court of Istanbul for the first hearing of her trial.
Demir is accused of “systematically disseminating propaganda for a terrorist organization” for the website’s coverage of Turkey’s 2018 military operation on the Syrian city of Afrin. Demir and her lawyers Özcan Kılıç and Sercan Korkmaz were in attendance at the hearing, P24 reported.
Addressing the court for her defense statement, Demir said that the indictment against her was against law and press freedom. “The coverage of civilian deaths and the bombings of hospitals, which forms the basis of the indictment have been included in both local and international human rights reports. The coverage was considered objectively and written using journalistic terminology,” Demir said and requested her acquittal.
The prosecution then presented their final opinion of the case, requesting the court to convict Demir of “systematically disseminating terrorist propaganda.” Demir’s lawyers requested additional time to prepare their defense statements in response to the prosecutor’s final opinion.
In its interim ruling, the court granted additional time for the final defense statements and adjourned the trial until 11 July 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1131486132376678400
https://t24.com.tr/haber/gazete-karinca-nin-eski-imtiyaz-sahibi-necla-demir-hakkindaki-ilk-dava-goruldu,822686
https://gazetekarinca.com/2019/05/gazeteci-necla-demirin-davasi-ertelendi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Trial of Meşale Tolu and 26 others adjourned until October” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]
Meşale Tolu
23 May 2019 – A trial where 27 defendants, including Etkin news agency (ETHA) reporter and interpreter Meşale Tolu and her husband, Suat Çorlu, a member of the central executive board of the Socialist Party of the Oppressed (ESP), stand accused of terrorism-related charges, resumed at the 29th High Criminal Court of Istanbul.
Çorlu and five other defendants were in attendance in the courtroom as well as defense lawyers, P24 reported. Tolu, a German national, did not attend because she is exempt from personal appearance in court.
Çorlu, whose passport was seized by Turkish authorities upon his arrival at the Istanbul Airport on a flight from Germany to attend the hearing the night before the trial, asked the court whether his passport was confiscated upon a court order.
The presiding judge said there was no travel ban issued by the court but they have found out that three other investigations against him were ongoing. His passport might be taken by authorities in connection with one of those investigations, the court said.
The court set 11 October 2019 as the date for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1131444687603216384
https://www.br.de/nachrichten/deutschland-welt/prozess-gegen-mesale-tolu-ehemann-darf-tuerkei-nicht-verlassen,RRIXeLg
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Two files against Jin News director Safiye Alağaş merged” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]
23 May 2019 – The third hearing in the trial of JinNews news director Safiye Alağaş on the charges of “disseminating propaganda for a terrorist group,” “inciting the public to hatred and animosity” and “praising crime or a criminal” took place at the 4th High Criminal Court of Diyarbakır. Jin News, a women-only and feminist news website based in the Kurdish city of Diyarbakır has faced repeated censorship and investigations over the years.
Alağaş did not attend the hearing, where she was represented by her lawyer, Pirozhan Karali, Mezopotamya Agency reported. The court merged another file against Alağaş on the “propaganda” charge, issued on 16 January 2019 by the Chief Public Prosecutor’s Office of Diyarbakır, with the ongoing case. The presiding judge said the merged file still lacked the journalist’s permanent address.
Lawyer Karali requested additional time to file the permanent address notification and other lacking documents. The court granted the lawyer 20 days to complete the documents and ruled that it would issue an arrest warrant for Alağaş in order for her defense statement to be taken in the event her lawyer fails to meet the deadline.
Link(s):
http://mezopotamyaajansi18.com/tum-haberler/content/view/58659?page=2
https://gazetekarinca.com/2019/05/gazeteci-alagas-davasi-adres-bildirimi-icin-20-gunluk-sure-verildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mustafa Göktaş ordered to remain behind bars” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]
23 May 2019 – The fifth hearing of the trial against Mustafa Göktaş, a former employee of the shuttered pro-Kurdish newspaper Özgürlükçü Demokrasi, took place at the 2nd High Criminal Court of Şanlıurfa.
Göktaş and his lawyer were in attendance at the hearing, Mezopotamya Agency reported. The prosecution reiterated their final opinion of the case, submitted during the previous hearing, in which they asked the court to convict Göktaş of “membership in a terrorist group” and “disseminating terrorist propaganda.”
Göktaş’s lawyer Mustafa Vefa told the court they rejected the prosecutor’s final opinion and requested his client’s release pending trial.
Göktaş requested a continuance, saying he was physically unfit to make his defense statement because he has been on a hunger strike since 1 March.
Granting Göktaş additional time for his defense statement, the court adjourned the trial until 12 September.
Link(s):
http://mezopotamyaajansi18.com/tum-haberler/content/view/58686
https://nupel.net/gazeteci-goktas-tahliye-edilmedi-24368h.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Ahmet Altan makes defense statement in “insulting public official” case” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]
21 May 2019 – A trial in which imprisoned novelist and journalist Ahmet Altan is accused of “insulting a public official” got underway at the Anadolu 2nd Criminal Court of First Instance, P24 reported.
The case was originally launched in 2010 upon a complaint by former public prosecutor İlhan Cihaner, currently a lawmaker with the main opposition Republican People’s Party (CHP). The case concerns an article Altan penned in 2010, titled “Büyük Savaş Başladı” (The great battle has begun), in which he mentioned a leaked phone conversation between two justices of the Supreme Court of Appeals about Cihaner’s release from prison, a subject that had previously been covered by news media. Cihaner later withdrew his complaint, and the case was put on hold. However, it got underway again after Altan’s conviction in a case where he was accused of “insulting the president” was upheld by an appellate court in March 2018.
Addressing the court via the courtroom video-conferencing network SEGBİS, Altan said that the prosecution was trying to cover up a scandal in the judiciary that took place 10 years ago by attempting to incriminate him.
In its interim decision, the court ruled to wait for the response from the Criminal Court of First Instance of Gölbaşı concerning Cihaner and adjourned the trial until 17 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1130731056552906753
https://www.evrensel.net/haber/379839/ahmet-altan-kamu-gorevlisine-hakaret-iddiasindan-hakim-karsisindaydi
http://www.haberdar.com/gundem/ahmet-altan-savcilar-sanki-en-sacma-iddianameyi-kim-yazacak-diye-yarisiyor-h135742.html[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Court convicts 7 defendants in Özgür Gündem trial” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]21 May 2019 – The final hearing in the trial of 24 defendants including former Özgür Gündem daily editors and columnists was held at the 14th High Criminal Court of Istanbul, P24 reported.
24 defendants were standing accused of “praising the offense or the offender,” “provoking commission of offense,” and “disseminating terrorist propaganda” crimes. The pro-Kurdish newspaper was closed down by a state of emergency decree on August 2016.
Seven defendants, including the shuttered newspaper’s co-editors in chief – lawyer Eren Keskin and publisher Hüseyin Aykol – managing editor Reyhan Çapan and columnists Ayşe Batumlu and Reyhan Hacıoğlu were handed down jail sentences for the charge of “disseminating propaganda for a terrorist organization.”
Eight other defendants were acquitted for the same crime. The charges against two defendants were dropped due to the expiration of the four-month statute of limitations for pressing charges as per the Article 26/1 of Turkey’s press law and the case files of seven defendants were ruled to be overseen in a separate trial.
The panel sentenced Eren Keskin and Reyhan Çapan to 3 years and 9 months; Hüseyin Akyol to 2 years and 1 month; Hüseyin Güçlü and Tahir Temel to 1 year and 6 months; Reyhan Hacıoğlu and Ayşe Batumlu to 1 year and 3 months in jail for “disseminating terrorist propaganda.”
Hacıoğlu and Batumlu’s sentences were deferred. The sentences that were not deferred will be appealed.
Acquitting Ayşe Berktay, Celalettin Can, Cemal Bozkurt, Çetin Ulu, Emrullah Kurcan, Ergin Atabey, Nuray Özdoğan and Özlem Söyler from the charge of “disseminating terrorist propaganda,” the court decided to separate the case files of Filiz Koçali, Enver Baysal, Hasan Başak, İhsan Yorulmaz, Muzaffer Ayata, Serbest Zan and Züleyha Yılmaz, for whom the arrest warrants issued were not carried out. The defense statements of the seven defendants are yet to be heard.
The court also decided to remove the arrest warrants issued for Ruhat Kaya and Bülent Alp and drop the charge which accuses them of “propaganda” on the grounds that the four-month statute of limitations for pressing charges as per Article 26/1 of Turkey’s press law had expired.
Link(s):
https://twitter.com/P24DavaTakip/status/1130847861401219076
https://t24.com.tr/haber/ozgur-gundem-davasinda-karar-durusmasi-7-kisiye-15-yil-hapis-cezasi-verildi,822472
http://www.diken.com.tr/ozgur-gundem-davasinda-avukat-eren-keskin-ve-gazetecilere-ceza-yagdi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Assailants attack local journalist in Antalya” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]20 May 2019 – A local journalist in Antalya was targeted by assailants on 20 May. Ergin Çevik, the editor-in-chief of the Antalya-based news portal Güney Haberci, was attacked by three people in the Aksu district, daily Evrensel reported
Çevik was reportedly assaulted because he wrote about allegations of unearned income in the municipality of Aksu in a column he published in the newspaper. In the column, Çevik called on the Mayor of Aksu Halil Şahin, who was re-elected from the ranks of the ruling Justice and Development Party (AKP) during the local elections on 31 March, to address the allegations.
Link(s):
https://www.evrensel.net/haber/379822/gazetecilere-saldirilar-suruyor-antalyada-ergin-cevik-darbedildi
https://bianet.org/english/human-rights/208674-journalist-ergin-cevik-attacked-in-antalya
https://www.haberturk.com/gazeteci-ergin-cevik-saldiriya-ugradi-2470975
Categories: Physical Assault / Injury
Source of violation: Unknown[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Journalist Mustafa Yayla sent to prison in Izmir for ‘insulting the president’” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]19 May 2019 – Mustafa Yayla, a local journalist based in the Aegean province of Aydın, was sent to prison after an appellate court upheld a previous conviction on the charge of “insulting the president,” online news website T24 reported.
Yayla had been given a prison sentence of 11 months and 20 days over his social media posts in a trial overseen by the 2nd Criminal Court of First Instance of Kuşadası. The court refused to defer his sentence or commute it to a judicial fine.
Yayla, who had recently relocated in the nearby city of Izmir, was placed in the Torbalı Prison.
Link(s):
https://www.gercekgundem.com/medya/93771/gazeteci-mustafa-yayla-erdogana-hakaretten-cezaevine-girdi
https://t24.com.tr/haber/gazeteci-mustafa-yayla-cumhurbaskani-na-hakaretten-cezaevine-girdi,822068
https://gazetekarinca.com/2019/05/gerekcesi-cumhurbaskanina-hakaret-gazeteci-mustafa-yayla-cezaevine-girdi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial + Government / State Agency / Public official(s) / Political party[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Journalist İdris Demirel taken into custody in Iğdır” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]17 May 2019 – Local journalist İdris Demirel was taken in custody during house raids by the Gendarmerie in the northeastern province of Iğdır, pro-Kurdish Mezopotamya news agency reported. Demirel was arrested alongside local politician Kemal Çakmak and a citizen named Deniz Kaynar.
Reports said Demirel, Çakmak and Kaynar were arrested as part of an investigation into a demonstration that involved human shields, which took place four years ago.
Link(s):
http://mezopotamyaajansi19.com/tum-haberler/content/view/57971
http://www.haberdar.com/gundem/igdir-da-biri-gazeteci-3-kisi-gozaltina-alindi-h135254.html
http://www.igdirdogusgazetesi.com/haber/2819/17/igdirda-biri-gazeteci-3-kisi-gozaltina-alindiyok
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Trial of journalist Mehmet Çakmakçı adjourned until November” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]17 May 2019 – The trial of journalist Mehmet Çakmakçı on the charge of “membership in a terrorist group” resumed on 17 May at the 10th High Criminal Court of Diyarbakır, online news website Gazete Karınca reported. Çakmakçı, who uses the pen name Şiyar Dicle, was jailed pending trial in 2017 and was released at the end of the first courtroom hearing of his trial.
The court ruled to wait for the response from the Council of Forensic Medicine concerning the forensic examination of audio tapes in the indictment against Çakmakçı and adjourned the trial until 8 November 2019.
Link(s):
https://gazetekarinca.com/2019/05/gazeteci-mehmet-cakmakcinin-durusmasi-ertelendi/
https://www.gercekgundem.com/medya/93406/mehmet-cakmakcinin-durusmasi-goruldu
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Local journalist İdris Özyol beaten, hospitalized in Antalya” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]17 May 2019 – Local journalist İdris Özyol was assaulted by a group of three unidentified assailants in the coastal city of Antalya. The veteran journalist was hospitalized following the attack, which took place during evening hours of 15 May 2019 in front of the offices of the local newspaper Akdeniz’de Yeni Yüzyıl, where he works.
The assailants were arrested on 17 May. Özyol said one of his attackers, whom he identified as Taner Canatek, was the driver of a prominent local politician from the Nationalist Movement Party (MHP), which has allied with the ruling Justice and Development Party (AKP) during the general and presidential elections in 2018 and the local elections in March 2019. Canatek worked for the AKP candidate during the local election campaign, Özyol claimed. Journalist associations condemned the attack.
Link(s):
https://www.evrensel.net/haber/379501/antalyada-gazeteci-idris-ozyol-saldiriya-ugradi
https://www.gazeteduvar.com.tr/gundem/2019/05/15/gazeteci-idris-ozyol-saldiriya-ugradi/
https://ahvalnews.com/journalism/turkish-journalist-beaten-after-critical-commentary
Categories: Physical Assault / Injury
Source of violation: Unknown[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Trial of Özgür Gündem editors and politician Hatip Dicle adjourned” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]16 May 2019 – A trial where journalists Hüseyin Aykol, Zana Kaya and İnan Kızılkaya — former co-editors-in-chief and managing editor of the pro-Kurdish newspaper Özgür Gündem — and Kurdish politician Hatip Dicle stand accused for the news stories and articles published in the newspaper, resumed at the 2nd Criminal Court of First Instance of Istanbul. Özgür Gündem was closed down by a state of emergency decree in August 2016.
The four defendants are accused of “publicly degrading the government, the judiciary or the police force” and “publicly degrading the Turkish nation, the Turkish Republic and the Parliament” under Article 301 of the Turkish Penal Code.
None of the defendants were in attendance at the hearing, where they were represented by their lawyer Özcan Kılıç, P24 reported.
In its interim ruling at the end of the hearing, the court decided to wait for the execution of the arrest warrant against Hatip Dicle and adjourned the trial until 10 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1128927471863291904
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Public Prosecutor seeks criminal investigation against Ahmet Şık over his defense statements during trial” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]16 May 2019 – The Ankara Chief Public Prosecutor’s Office has filed for the lifting of the parliamentary immunity of People’s Democratic Party (HDP) Istanbul MP Ahmet Şık, seeking a criminal investigation over two separate allegations. Şık, a renowned investigative journalist, was sentenced to 7,5 years in prison pending appeal in the trial against the executive and staff of the daily Cumhuriyet in 2018.
The Prosecutor’s Office accuses Şık of “insulting the Turkish Republic, the government and the judiciary” as per Article 301 of the Turkish Criminal Code based on his remarks in his defense statement in the “Cumhuriyet trial,” online news website T24 reported. The vocal journalist’s statement had a wide echo in the national political and public debate.
The Prosecutor’s Office is separately accusing Şık of “insulting the president” based on two complaints filed with the Presidency Communication Center (CİMER).
Link(s):
https://t24.com.tr/haber/ahmet-sik-hakkinda-iki-ayri-fezleke-duzenlendi-cumhuriyet-davasindaki-savunma-kanit-sayildi,821560
https://www.evrensel.net/haber/379513/hdp-milletvekili-ahmet-sik-hakkinda-iki-ayri-fezleke-duzenlendi
https://tr.sputniknews.com/turkiye/201905161039066278-ahmet-sik-hakkinda-iki-ayri-fezleke-duzenlendi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Imprisoned journalist İdris Yılmaz faces new charges” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]16 May 2019 – Imprisoned journalist İdris Yılmaz is facing terrorism-related charges in a new indictment, pro-Kurdish Mezopotamya news agency reported. Yılmaz, a journalist based in the eastern province of Van, is currently imprisoned in the Elazığ No. 1 Maximum Security Prison, serving a combined prison term of nearly 10 years he has been given in various trials over his journalistic work.
The new indictment, prepared in light of a witness testimony, accuses Yılmaz of “membership in a terrorist group” and “disseminating propaganda for a terrorist group.” The journalist’s social media posts are held as evidence for the “propaganda” charge.
Link(s):
http://mezopotamyaajansi19.com/tum-haberler/content/view/57816?page=2
https://www.evrensel.net/haber/379554/tutuklu-gazeteci-idris-yilmaz-hakkinda-bir-dava-daha-acildi
http://www.cumhuriyet.com.tr/haber/turkiye/1396389/Gazeteci_Yilmaz_a_bir_dava_daha.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Seda Taşkın acquitted of one charge but convicted of “propaganda”” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]15 May 2019 – The appellate court overseeing Mezopotamya news agency (MA) reporter Seda Taşkın’s appeal has overturned the trial court’s October 2018 verdict that sentenced the journalist to a total of 7.5 years in prison on two separate charges.
Taşkın addressed the 6th Criminal Chamber of the Erzurum Regional Court of Justice from the Ankara courthouse via the courtroom video-conferencing system, P24 reported.
Taşkın told the court that she was put on trial as a result of her journalistic work. “Journalism is not a crime,” Taşkın added.
At the end of the second appeal hearing of Taşkın’s trial, held on 15 May 2019, the 6th Criminal Chamber of the Erzurum Regional Court of Justice acquitted the journalist of “aiding a terrorist organization without being its member” while giving her a prison sentence of 1 year, 11 months and 10 days on the charge of “disseminating propaganda for a terrorist organization.” The court deferred the sentence.
Link(s):
https://twitter.com/P24DavaTakip/status/1128541621090496512
https://www.evrensel.net/haber/379422/gazeteci-seda-taskina-verilen-1-yil-11-ay-hapis-cezasi-ertelendi
https://gazetekarinca.com/2019/05/gazeteci-seda-taskina-hem-ceza-hem-beraat/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Court drops charge against journalist Erdem Gül in intel trucks case” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]15 May 2019 – The final hearing of Cumhuriyet daily’s former Ankara representative Erdem Gül and opposition Republican People’s Party (CHP) deputy Enis Berberoğlu where they were accused of “aiding a terrorist organization without being its member,” was held at the 14th High Criminal Court of Istanbul. The trial is related to the publication of footages allegedly showing weapons bound to Syria in trucks belonging to the Turkish intelligence agency MİT by the newspaper Cumhuriyet on May 2014.
Berberoğlu, a former journalist and editor-in-chief of the mainstream newspaper Hürriyet, was accused of providing the footages to the newspaper.
In its verdict on Gül, the court ruled that the the four-month statute of limitations for pressing charges as per the Turkish press law had expired and dismissed the case, P24 reported.
Concerning Berberoğlu’s file, the court ruled that there was no need to render a separate verdict on the charge of “aiding a terrorist organization without being its member” on the grounds of Berberoğlu’s previous conviction in another trial in relation to the same news report for “disclosing confidential information pertaining to the security of the state.” The court also lifted the international travel ban on Berberoğlu.
The retrial of Can Dündar, Cumhuriyet’s then editor-in-chief, on the charge of “disclosing confidential information for espionage purposes” over the same coverage in the newspaper also resumed on 15 May at the 14th High Criminal Court of Istanbul. The court decided to wait for the response from German judicial authorities concerning Turkey’s extradition request for Dündar and adjourned the trial until 31 October 2019.
Link(s):
https://expressioninterrupted.com/tr/mit-tirlari-davasinda-erdem-gul-hakkindaki-suclama-dusuruldu/
https://medyascope.tv/2019/05/15/mit-tirlari-erdem-gul-hakkindaki-dava-dusuruldu/
https://tr.sputniknews.com/turkiye/201905151039059191-mit-tirlari-davasinda-erdem-gul-ve-enis-berberoglu-karari/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Reporter Soner Karabulut briefly detained” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]15 May 2019 – Journalist Soner Karabulut, a reporter for the pro-Kurdish online newspaper Gazete Fersude, was taken into custody on 14 May in Istanbul during house raids by the police, the website reported. The investigation was targeting members of the Socialist Party of the Oppressed (ESP), the report said.
Karabulut and five others were referred to the Istanbul Courthouse on 15 May. The court released Karabulut and four ESP members under judicial control measures.
Link(s):
https://www.gazetefersude.com/istanbulda-ev-baskinlari-gazetemiz-muhabiri-soner-karabulut-dahil-4-kisi-gozaltinda-58248/
https://ilerihaber.org/icerik/gazete-fersude-muhabiri-soner-karabulut-gozaltina-alindi-97784.html
https://tihv.org.tr/16-mayis-2019-gunluk-insan-haklari-raporu/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Evrensel editor-in-chief’s trial on ‘insulting the president’ charge adjourned” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]14 May 2019 – The second hearing in the trial of journalist Fatih Polat, the editor-in-chief of Evrensel daily, on the charge of “insulting the president” took place at the Bakırköy 31st Criminal Court of First Instance.
Polat is standing trial over his article titled “Erdoğan ailesiyle ilgili bu iddialara muhatapları ne diyor?” (What do those addressed say about these allegations concerning the Erdoğan family?), published in the newspaper on 28 May 2017.
An Istanbul court had ordered the column be removed from the Evrensel website. The newspaper’s lawyers objected to the court order, but their objection was rejected and the article was subsequently removed from the website. After the removal of the article, lawyers representing President Recep Tayyip Erdoğan filed a lawsuit against Polat for the column.
Lawyer Devrim Avcı submitted to the court the original news report published in the website theblacksea.eu, that was the source of Polat’s article, P24 reported. Avcı added that the news report was still accessible online.
Avcı also submitted to the court an expert opinion concerning Polat’s case that was penned by the London-based human rights organization Article 19. Avcı told the court that the expert opinion by Article 19 demonstrated that Craig Shaw’s news report, which Polat quoted in its entirety in his article, was nominated for the British Journalism Awards in England and the European Press Prize.
After accepting the documents submitted by the defense lawyers, the court ruled to send a memo to the Journalists’ Association of Turkey (TGC) and the Turkish Journalists Union (TGS), seeking their opinion about the website that was the source for Polat’s article and whether Craig Shaw, the author of the original article, is a journalist or not. The court then adjourned the trial until 17 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1128189606502047744
https://www.evrensel.net/haber/379364/gazeteci-fatih-polat-malta-belgeleri-nedeniyle-hakim-karsisina-cikti
https://gazetekarinca.com/2019/05/gazeteci-fatih-polatin-durusmasi-ertelendi/
Categories: Criminal Charges / Fines / Sentences + Censorship (i)
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Journalists Zeynep Kuray, İrfan Tunççelik spend three days in custody for covering demonstrations” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]13 May 2019 – Journalist Zeynep Kuray and İrfan Tunççelik, a reporter for the Mezopotamya news agency (MA), were both taken into custody as they were covering demonstrations in Istanbul aimed at raising awareness of ongoing hunger strikes in Turkey’s prisons.
Kuray was arrested while she was covering a demonstration in the Spice Bazaar in the historic Eminönü quarter while Tunççelik was arrested as he was covering a demonstration in front of the Bakırköy Prison, online news website Artı Gerçek reported.
Both journalists were brought to the Istanbul Courthouse on 13 May. The prosecutor requested their imprisonment pending trial. The court released both journalists under judicial control measures.
Link(s):
https://www.artigercek.com/haberler/gazeteciler-zeynep-kuray-ve-irfan-tunccelik-gozaltina-alindi
https://gazetekarinca.com/2019/05/gazeteciler-zeynep-kuray-ve-irfan-tunccelik-serbest-birakildi/
https://bianet.org/english/freedom-of-expression/208453-journalists-zeynep-kuray-and-irfan-tunccelik-released-on-probation
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Assaillants attack prominent columnist in front of his house” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]13 May 2019 – Journalist Yavuz Selim Demirağ, a prominent columnist for the nationalist Yeniçağ newspaper, suffered serious injuries from an attack in front of his house in Ankara.
The attack took place late in the evening hours of 10 May, as Demirağ was returning home after hosting a political show on a private TV broadcaster. The assailants, a group of seven men, fled the scene in a car after beating up Demirağ using baseball bats.
Demirağ was hospitalized by his relatives. Six people who were arrested during the week in connection with the attack were released after giving their statements before a prosecutor on 13 May.
Link(s):
https://www.yenicaggazetesi.com.tr/yavuz-selim-demiraga-alcak-saldiri-233723h.htm
https://www.ntv.com.tr/turkiye/gazeteci-yavuz-selim-demirag-evinin-onunde-saldiriya-ugradi,7o-CIobc0kidXDs5hikGCw
https://www.yenicaggazetesi.com.tr/savciliktan-yavuz-selim-demiraga-saldiranlar-hakkinda-zoraki-islem-234370h.htm
https://www.yenicaggazetesi.com.tr/spor-aleti-51931yy.htm
Categories: Physical Assault / Injury
Source of violation: Unknown[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Journalist Canan Coşkun briefly detained over unpaid legal fine” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]11 May 2019 – Journalist Canan Coşkun was taken into custody late 10 May 2019 in Istanbul based on an arrest warrant, which came up during a police security check, DW reported.
It later became clear that the warrant had been issued because of an overdue legal fine of TL 12,600 handed down by the Istanbul 2nd Criminal Court of First Instance in a case where Coşkun was convicted of “insulting a public official” over a news story she penned in 2015 for the Cumhuriyet daily. The newspaper had failed to pay the amount after the ruling became definitive.
Coşkun spent the night at the police station. She was released the next day after the overdue fine was paid.
Link(s):
https://www.dw.com/tr/gazeteci-canan-co%C5%9Fkun-serbest-b%C4%B1rak%C4%B1ld%C4%B1/a-48700121
https://medyascope.tv/2019/05/11/canan-coskun-yazdi-nezarethaneden-izlenimler/
https://www.gazeteduvar.com.tr/gundem/2019/05/11/canan-coskun-serbest-birakildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”“KCK press trial” adjourned until October” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]9 May 2019 – The 16th hearing of the “KCK Press Trial,” where a total of 46 journalists and other media workers stand accused of “membership in a terrorist group” and “terrorism propaganda,” took place at the 3rd High Criminal Court of Istanbul.
None of the defendants were in attendance at the hearing and were represented by their lawyers, P24 reported.
The presiding judge announced during the hearing that a separate case file about one of the defendants, journalist Yüksel Genç, overseen by the 14th High Criminal Court of Istanbul, was sent to the court with the request to merge the two files. However, the trial court rejected the request.
The court then adjourned the trial until 22 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1126429796798431232
https://www.evrensel.net/haber/379064/kck-basin-davasi-goruldu-gazeteci-yuksel-gence-yeni-dava
https://gazetekarinca.com/2019/05/kck-basin-davasi-gazeteci-yuksel-gence-yeni-dava-acilmis-bir-sonraki-durusma-ekimde/[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Court announces deferred judgment about jailed journalist Yetkin Yıldız” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]9 May 2019 – A court in Ankara announced a judgment against jailed journalist Yetkin Yıldız that had been deferred, P24 reported.
The 35th Criminal Court of First Instance of Ankara had convicted Yıldız of “insult” in a case that had been filed in 2010 by a judge. The accusation stemmed from a news story published online in the news website Stratejik Boyut, where Yıldız was the chief editor. The 10-month sentence Yıldız was given at the time had been deferred by five years.
Yıldız later stood trial in a separate case on the charges of “insult” and “publicly inciting crime” over an article posted online on the news portal Aktif Haber, where he was chief editor during his five-year probation. Yıldız was also convicted in that case, overseen by the 1st Criminal Court of First Instance of Silivri.
Since he “committed a similar offense” during his five-year probation, the 35th Criminal Court of First Instance of Ankara announced its earlier judgment at the hearing on 9 May. The court suspended Yıldız’s sentence by 1 year.
Yıldız is currently imprisoned in the Silivri Prison in Istanbul. He was sentenced in 2018 to 7 years and 6 months in prison on the charge of “membership in a terrorist organization” as part of a major media trial where columnists Murat Aksoy and Atilla Taş were among his 25 co-defendants.
Link(s):
https://expressioninterrupted.com/tr/turkiyede-basin-ve-ifade-ozgurlugu-207/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Trial of 7 journalists over 2016 news story adjourned until October” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]8 May 2019 – A trial where seven journalists and one other defendant are charged with “making those involved in combating terrorism a target” resumed at the 9th High Criminal Court of Diyarbakır.
The case was launched after a complaint from senior gendarmerie commander Maj. Gen. Musa Çitil, who was cited in the news report, published in February 2016 by the pro-Kurdish Dicle News Agency (DİHA). The agency was closed down by a state of emergency decree in October 2016.
The defendants include Ömer Çelik, who was the news editor at DİHA at the time, DİHA reporters Çağdaş Kaplan, Hamza Gündüz and Selman Çiçek, journalist Abdulvahap Taş as well as the responsible editor and publisher of the pro-Kurdish newspaper Özgür gündem, İnan Kızılkaya and Kemal Sancılı. Çiçek is additionally charged with “disseminating propaganda for a terrorist organization.” An eighth defendant, who is at large, is also cited in the indictment.
Sancılı, who is currently imprisoned in Edirne, addressed the court via the courtroom video-conferencing network. The rest of the defendants were not in attendance and were instead represented by their lawyers, P24 reported. This was the third hearing in the case.
In its interim ruling, the court decided to wait for the execution of the arrest warrant in place for the eighth defendant, Selim Günenç, and adjourned the trial until 2 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1126007620534448129
https://gazetekarinca.com/2019/05/musa-citilin-sikayetiyle-haklarinda-dava-acilan-yedi-gazetecinin-durusmasi-ertelendi-2/
https://tihv.org.tr/09-mayis-2019-gunluk-insan-haklari-raporu/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Özgür Gündem trial adjourned” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]8 May 2019 – The trial of 23 former pro-Kurdish Özgür Gündem newspaper’s editors and columnists, including Eren Keskin, Hüseyin Aykol, Reyhan Çapan, Filiz Koçali, Ayşe Berktay, Nuray Özdoğan, Celalettin Can, Ayşe Batumlu and Reyhan Hacıoğlu, resumed at the 14th High Criminal Court of Istanbul. The 23 defendants are accused of “praising crime and criminals,” “inciting crime,” and “disseminating propaganda for a terrorist group.” The newspaper was closed down on August 2016 by a state of emergency decree.
The prosecution reiterated their final opinion of the case, submitted to the court on 26 October 2017. Lawyer Özcan Kılıç, who represents part of the defendants in the case, requested additional time for the final defense statements since the court has rejected his request at the previous hearing to merge this case with another ongoing trial against the newspaper. The court granted additional time for the defense statements and adjourned the trial until 21 May 2019 when the verdict is expected to be announced.
Link(s):
https://twitter.com/P24DavaTakip/status/1126074473092923392
https://t24.com.tr/haber/ozgur-gundem-davasi-21-mayis-a-ertelendi,820315
https://www.evrensel.net/haber/378988/ozgur-gundem-davasi-21-mayisa-ertelendi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Prosecutor seeks conviction for jailed journalist Mehmet Gündem” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]8 May 2019 – The fifth hearing in the trial of jailed journalist and columnist Mehmet Gündem on the charge of “terrorist group membership” took place at the 35th High Criminal Court of Istanbul.
Gündem, who is in pre-trial detention in the Silivri Prison, was brought to the courtroom under the supervision of gendarmerie officers, P24 reported.
The prosecutor sought for Gündem’s conviction on the charge of “membership in a terrorist group” according to the final opinion submitted to the court in between courtroom hearings.
Gündem’s lawyers requested additional time to prepare their final defense statements and asked for the journalist’s release from prison pending trial.
Ruling for the continuation of Gündem’s pre-trial detention, the court granted additional time to the defense and adjourned the trial until 29 May.
Link(s):
https://twitter.com/P24DavaTakip/status/1126053682955603968
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Constitutional court finds ‘no violations of rights’ in jailed journalists’ files” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]3 May 2019 – Turkey’s Constitutional Court on 3 May rejected the individual application of jailed novelist and journalist Ahmet Altan, finding no rights violations in his file that had been pending before the court since November 2016. The court also rejected the application of Nazlı Ilıcak, Altan’s co-defendant in the “coup” case.
Altan and Ilıcak’s files were among 10 individual applications by journalists reviewed by the top court’s Plenary over two days, on 2 and 3 May.
The other applications were those filed on behalf of former Cumhuriyet staff members Murat Sabuncu, Ahmet Şık, Akın Atalay, Kadri Gürsel, Bülent Utku and Önder Çelik, former Zaman columnist Ali Bulaç and journalist Murat Aksoy.
The Plenary concluded at the end of the morning session of Friday’s deliberations that there was “no rights violations” in Altan’s file, while it ruled in favor of Bulaç. Rendering its decision concerning Ilıcak’s application on Friday afternoon, the Constitutional Court rejected her application through a unanimous vote.
On Thursday, at the end of the first day of deliberations, the court ruled that Kadri Gürsel and Murat Aksoy’s rights to personal liberty and security had been violated, while it rejected the applications of former Cumhuriyet staffers Akın Atalay, Murat Sabuncu, Önder Çelik, Ahmet Şık and Bülent Utku. Both Gürsel and Aksoy, whose demands were accepted by the top court, have served their entire prison sentences. The others, however, have all prison time remaining on their sentence. Çelik and Utku, were recently sent back to prison to serve the remaining part of their sentences after those were uphold by an appellate court. Prison sentences against Atalay, Sabuncu, Şık being over 5 years will be further reviewed by the Supreme Court of Appeals.
The court rendered all decisions except for the one concerning Ilıcak’s file through a majority vote.
Link(s):
https://www.aljazeera.com/news/2019/05/top-turkey-court-rejects-jailed-journalist-appeals-190503181911161.html
http://www.hurriyetdailynews.com/turkeys-top-court-rejects-individual-appeals-of-sentenced-journalists-143145
https://www.middleeasteye.net/news/turkeys-highest-court-says-journalists-rights-violated
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”P24 Founding President Hasan Cemal convicted of “propaganda” over 2015 column” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]7 May 2019 – P24’s founding president and T24 columnist Hasan Cemal was given a prison sentence of 3 months and 22 days on the charge of “disseminating propaganda for a terrorist organization” on 7 May 2019.
Cemal was standing trial over an article he penned in 2015, titled “Silvan’dan: Bizi acılara ve ölümlere o kadar alıştırdılar ki…” (Silvan: They’ve inured us to pain and death).
This was the third hearing in the trial, overseen by the Istanbul 36th High Criminal Court. Hasan Cemal and his lawyer Fikret İlkiz were in attendance, P24 reported.
Addressing the court for his defense statement, Hasan Cemal rejected the accusation and asked to be acquitted.
After hearing the defense statements by Cemal and his lawyer, the court went on to issue its verdict, convicting Cemal of “disseminating propaganda for a terrorist group” and giving him 1 year, 6 months and 22 days in prison. The panel ruled for the sentence to be deducted from a previous sentence Cemal was given on the same charge by the 22th High Criminal Court of Istanbul. As a result, the court gave Cemal a prison sentence of 3 months and 22 days, which it then commuted to a judicial fine of TL 3,360.
Link(s):
https://twitter.com/P24DavaTakip/status/1125761094323245058
https://t24.com.tr/haber/hasan-cemal-75-yasinda-50-yillik-bir-gazeteci-olarak-teror-propagandasi-iddiasiyla-yargilanmam-turkiye-deki-buyuk-cokusun-gostergesi,820114
http://www.hurriyet.com.tr/gundem/teror-orgutu-propagandasindan-ceza-41206770
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Journalist Cansu Pişkin given 10-month prison term for news story” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]7 May 2019 – Journalist Cansu Pişkin was handed down a prison sentence on the charge of “marking the identity of a state official assigned in the fight against terrorism as a target” over a news report published in 2018 in the Evrensel newspaper.
Pişkin and her lawyers Levent Pişkin, Devrim Avcı and Mustafa Söğütlü were in attendance at the 36th High Criminal Court of Istanbul for the third hearing of her trial, P24 reported. The hearing was monitored by representatives from Reporters Without Borders (RSF), International Press Institute (IPI), Article 19 and a number of academics and journalists.
Pişkin addressed the court and reiterated her previous defense statement saying that she did not write the news story for which she is accused with the intent to commit a crime but to inform the public.
Following the completion of the defense statements, the court issued its verdict, finding Pişkin guilty of “marking the identity of a state official assigned in the fight against terrorism as a target.” The court sentenced her to 10 months in prison and deferred the sentence.
A group of students from Istanbul’s Boğaziçi University were imprisoned in late March 2018 for staging an anti-war protest. In her news story published on 5 April 2018, Pişkin reported that the prosecutor assigned to the investigation concerning the Boğaziçi students on 3 April, the day on which the students were referred to court, had claimed in a previous indictment that the People’s Democratic Party (HDP) was a political party “operating under the guidance of a terrorist group.”
Link(s):
https://twitter.com/P24DavaTakip/status/1125734034636722177
https://medyascope.tv/2019/05/07/gazeteci-cansu-piskine-10-ay-hapis-cezasi-verildi/
https://www.evrensel.net/haber/378928/gazeteci-cansu-piskine-10-ay-hapis-cezasi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Prosecution seeks sentence for photojournalist Çağdaş Erdoğan on “propaganda” charge” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]7 May 2019 – The fifth hearing of the trial of photojournalist Çağdaş Erdoğan on the charges of “membership in a terrorist group” and “disseminating propaganda for a terrorist organization” took place at the 33rd High Criminal Court of Istanbul.
Representatives from Article 19, Reporters Without Borders (RSF) and the International Press Institute (IPI) monitored the hearing, where Erdoğan and his lawyer Figen Albuga Çalıkuşu were in attendance, P24 reported.
The prosecution submitted their final opinion of the case during the hearing, seeking conviction for Erdoğan on the charge of “propaganda” as per Article 7/2 of Turkey’s anti-terror law (TMK). The prosecution requested Erdoğan’s acquittal for the “membership” charge.
Lawyer Çalıkuşu requested a continuance for Erdoğan’s final defense statement. Granting additional time for the defense, the court adjourned the trial until 13 June 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1125726809637703682
https://tihv.org.tr/08-mayis-2019-gunluk-insan-haklari-raporu/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Kibriye Evren ordered to remain behind bars” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]7 May 2019 – The trial of jailed journalist Kibriye Evren on terrorism-related charges resumed at the 5th High Criminal Court of Diyarbakır.
Evren, who is jailed in the Diyarbakır Prison, and has been on a hunger strike since 16 December 2018, did not attend the hearing, P24 reported. She was represented by her lawyers Pirozhan Karali and Resul Temur.The prosecution said they reiterated their final opinion of the case, submitted to the court on 16 April. The prosecutor also requested the continuation of Evren’s pre-trial detention.
Evren’s lawyer Temur requested additional time for Evren to make her final defense statement in person in the courtroom. He also requested his client’s release pending trial. In their interim decision, the court ruled to keep Evren in pre-trial detention and adjourned the trial until 18 July 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1125652925823508480
http://gazetekarinca.com/2019/05/aclik-grevindeki-gazeteci-kibriye-evrene-yine-tahliye-yok/
https://www.gazeteduvar.com.tr/gundem/2019/05/07/gazeteci-evren-tahliye-edilmedi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Appellate court drops jail sentence given to Pelin Ünker in Paradise Papers case” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]6 May 2019 – An appellate court has overturned a jail sentence handed down in January to former Cumhuriyet daily reporter Pelin Ünker, Medyascope reported.
Ünker was given a 13-month prison sentence by the 2nd Criminal Court of First Instance of Istanbul in a lawsuit filed by former Prime Minister Binali Yıldırım and his two sons over Ünker’s reporting on the “Paradise Papers” leaks.
According to the report, the appellate court ruled on 19 April for the conviction against Ünker in the case filed by Bülent and Erkam Yıldırım to be dropped because the four-month statute of limitations for pressing charges as per Article 26/1 of Turkey’s press law had expired.
The appellate court upheld the legal fine Ünker was given on the charge of “insulting a public official.” However, it ruled that the compensation Ünker was ordered to pay should be TL 7,080 instead of TL 8,660.
Link(s):
https://medyascope.tv/2019/05/06/paradise-papers-davasi-istinaf-mahkemesi-gazeteci-pelin-unkerin-hapis-cezasini-bozdu/
https://t24.com.tr/haber/istinaf-mahkemesi-gazeteci-pelin-unker-in-hapis-cezasini-bozdu,819926
http://bianet.org/bianet/ifade-ozgurlugu/208208-istinaf-mahkemesi-pelin-unker-in-hapis-cezasini-bozdu-para-cezasini-onadi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mezopotamya Agency reporter Barış Polat released under judicial control measures” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]5 May 2019 – Barış Polat, an intern reporter for the pro-Kurdish Mezopotamya news agency, who was taken into custody on 3 May as he was covering a news story at the Şanlıurfa Courthouse, was released from custody on 5 May. Polat was taken to the courthouse following his questioning at the anti-terror branch of the Şanlıurfa Police Department. Polat was released under judicial control measures by the court he was referred to.
Link(s):
http://mezopotamyaajansi16.com/tum-haberler/content/view/56576?page=8
https://ozgurmanset.net/muhabirimiz-baris-polat-serbest-birakildi/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Constitutional court finds ‘no violations of rights’ in jailed journalists’ files” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]3 May 2019 – Turkey’s Constitutional Court on 3 May rejected the individual application of jailed novelist and journalist Ahmet Altan, finding no rights violations in his file that had been pending before the court since November 2016. The court also rejected the application of Nazlı Ilıcak, Altan’s co-defendant in the “coup” case.
Altan and Ilıcak’s files were among 10 individual applications by journalists reviewed by the top court’s Plenary over two days, on 2 and 3 May.
The other applications were those filed on behalf of former Cumhuriyet staff members Murat Sabuncu, Ahmet Şık, Akın Atalay, Kadri Gürsel, Bülent Utku and Önder Çelik, former Zaman columnist Ali Bulaç and journalist Murat Aksoy.
The Plenary concluded at the end of the morning session of Friday’s deliberations that there was “no rights violations” in Altan’s file, while it ruled in favor of Bulaç. Rendering its decision concerning Ilıcak’s application on Friday afternoon, the Constitutional Court rejected her application through a unanimous vote.
On Thursday, at the end of the first day of deliberations, the court ruled that Kadri Gürsel and Murat Aksoy’s rights to personal liberty and security had been violated, while it rejected the applications of former Cumhuriyet staffers Akın Atalay, Murat Sabuncu, Önder Çelik, Ahmet Şık and Bülent Utku. Both Gürsel and Aksoy, whose demands were accepted by the top court, have served their entire prison sentences. The others, however, have all prison time remaining on their sentence. Çelik and Utku, were recently sent back to prison to serve the remaining part of their sentences after those were uphold by an appellate court. Prison sentences against Atalay, Sabuncu, Şık being over 5 years will be further reviewed by the Supreme Court of Appeals.
The court rendered all decisions except for the one concerning Ilıcak’s file through a majority vote.
Link(s):
https://www.aljazeera.com/news/2019/05/top-turkey-court-rejects-jailed-journalist-appeals-190503181911161.html
http://www.hurriyetdailynews.com/turkeys-top-court-rejects-individual-appeals-of-sentenced-journalists-143145
https://www.middleeasteye.net/news/turkeys-highest-court-says-journalists-rights-violated
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mezopotamya news agency reporter Barış Polat taken into custody” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]3 May 2019 – Barış Polat, an intern reporter for the Mezopotamya news agency, was taken into custody on 3 May at the entrance of the Şanlıurfa Courthouse, where he was covering a news story. Polat was detained on the grounds that he was taking photographs inside the courthouse, the agency reported.
Link(s):
http://mezopotamyaajansi16.com/tum-haberler/content/view/56367
https://gazetekarinca.com/2019/05/gazeteci-baris-polat-gozaltinda/
https://t24.com.tr/haber/mezopotamya-ajansi-muhabiri-baris-polat-gozaltina-alindi,819514
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Constitutional court rejects Ziya Ataman’s application” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]2 May 2019 – Turkey’s Constitutional Court ruled on the individual application of jailed reporter Ziya Ataman, online news website Gazete Karınca reported. The court rejected Ataman’s application, the report said, finding his claim that his right to personal liberty and security to be “ill-founded” and his claim that his right to a fair trial was violated inadmissible because “all legal remedies have not been exhausted.
Ataman, a reported for the pro-Kurdish Dicle News Agency (DİHA), which was closed down by a state of emergency decree in 2016, has been jailed for more than three years. The trial against him is ongoing in the southeastern province of Şırnak.
Link(s):
http://gazetekarinca.com/2019/05/aymden-tutuklu-gazeteci-ataman-icin-yapilan-basvuruya-ret/
https://bianet.org/bianet/ifade-ozgurlugu/208071-anayasa-mahkemesi-gazeteci-ziya-ataman-in-basvurusunu-reddetti
https://www.gazeteduvar.com.tr/gundem/2019/05/02/anayasa-mahkemesi-gazeteci-ziya-atamanin-basvurusunu-reddetti/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Former TV10 staff members’ trial adjourned” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]2 May 2019 – The second hearing of the trial of two former employees of the shuttered TV station TV10, camera operator Kemal Demir and staff member Kemal Karagöz, took place in Istanbul. Both Demir and Karagöz are charged with “membership in a terrorist group” in the case, overseen by the 28th High Criminal Court of Istanbul.
Demir and Karagöz were taken into custody in December 2017. At the end of the detention period, Demir was jailed pending trial while Karagöz was released under judicial control measures. The first hearing of their trial took place on 3 July 2018, but the 28th High Criminal Court of Istanbul ruled at the end of the hearing to send the case file to a criminal court in the southern city of Mersin on the grounds that it had no jurisdiction over the case. However, the Mersin court also ruled that it had no jurisdiction and the case file ended up at the Supreme Court of Appeals, which ruled that the original trial court had jurisdiction. The 28th High Criminal Court of Istanbul, reevaluating the case file after the Supreme Court of Appeals’ decision, ruled on 8 February 2019 for Demir’s release pending trial.
The second hearing, where both Demir and Karagöz were in attendance, was monitored by Rebecca Harms, a German Member of the European Parliament (MEP), and International Press Institute (IPI).
In its interim ruling at the end of the hearing, the court ruled for the continuation of Demir’s travel ban while lifting the judicial control measure imposed on Karagöz, P24 reported. The court granted both defendants exemption from personal appearance in the courtroom and adjourned the trial until 10 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1123847116370083841
https://www.evrensel.net/haber/378639/tv10-calisanlarinin-yargilandigi-dava-10-eylule-ertelendi
https://www.pirha.net/tv10-calisanlari-demir-ve-karagozun-durusmasi-10-eylule-ertelendi-video-170575.html/02/05/2019/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”“Bakur trial” adjourned until July” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]2 May 2019 – A trial where journalist Ertuğrul Mavioğlu and filmmaker Çayan Demirel are charged with “propaganda” for a documentary they co-directed titled Bakur (“Nort”h in Kurdish) resumed in the southeastern city of Batman.
Both Mavioğlu and Demirel, as well as their lawyers, were in attendance at the sixth hearing in the trial overseen by the 2nd High Criminal Court of Batman. MPs Ayşe Acar Başaran and Ahmet Şık, representatives from the Association of Documentary Filmmakers of Turkey, journalists from the Altyazı film magazine, academics, filmmakers and stage actors were among those who came to Kurdish city to observe the hearing and lend support to Mavioğlu and Demirel.
At the beginning of the hearing, the judges announced that it had recently come to their attention that a separate criminal investigation into Mavioğlu on the charge of “propaganda” was under way in Ankara, P24 reported.
In their interim decision, the court ruled to inquire of the Ankara Chief Public Prosecutor’s Office about the investigation into Mavioğlu and ask for a copy of the investigation file. The court also decided to grant additional time to the defendants for their statements in response to the prosecutor’s final opinion of the case and adjourned the trial until 18 July, when a verdict is expected.
Link(s):
https://twitter.com/P24DavaTakip/status/1123902975804678144
http://susma24.com/bakur-davasi-18-temmuza-ertelendi/
https://www.gazeteduvar.com.tr/gundem/2019/05/02/bakur-durusmasi-temmuza-kaldi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1560520560729-052775e3-ee0d-1″ taxonomies=”8996″][/vc_column][/vc_row]
30 Apr 2019 | Turkey, Turkey Incident Reports
Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.
UPDATE: Compensation case against journalist Uludağ sent to commercial court
30 April 2019 – A compensation case filed against journalist Alican Uludağ by the discount market chain BİM, seeking TL 250,000 in non-pecuniary damages for a news report Uludağ penned for the Cumhuriyet daily, got under way in an Istanbul court.
BİM is accusing Uludağ of damaging the company’s brand through his report and two social media posts.
Uludağ’s lawyer addressed the Anadolu 9th Civil Court of First Instance during the hearing, explaining to the court that Uludağ’s tweets and his report were part of press freedom, P24 reported.
At the end of the hearing, the Anadolu 9th Civil Court of First Instance ruled that it had no jurisdiction over the case and sent the case file to a commercial court.
Link(s):
https://twitter.com/P24DavaTakip/status/1123119872710516738
https://www.evrensel.net/haber/378539/gazeteci-alican-uludaga-acilan-tazminat-davasinda-gorevsizlik-karari
Categories: Subpoena / Court Order / Lawsuits
Source of violation: Subpoena / Court Order / Lawsuits
Yurt newspaper chief editor briefly detained
30 April 2019 – Ali Avcu, the editor-in-chief of Yurt newspaper, was taken into custody on at the Alibeyköy Police Station in Istanbul. Avcu was later referred to the Kartal Courthouse, where he was released after giving his statement. Avcu was detained on the grounds of a book he wrote in 2018, the newspaper reported.
Link(s):
http://www.yurtgazetesi.com.tr/medya/yurtboyunegmez-ali-avcu-serbest-birakildi-manidar-gerekce-h126485.html
https://gazetekarinca.com/2019/04/yurt-gazetesi-genel-yayin-yonetmeni-ali-avcu-serbest-birakildi/
https://tr.sputniknews.com/turkiye/201904301038902118-yurt-gazetesi-genel-yayin-yonetmeni-avcu-gozaltina-alindi/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
UPDATE: Court keeps Adil Demirci’s travel ban in place
30 April 2019 – Etkin news agency (ETHA) reporter Adil Demirci appeared before an Istanbul court for his trial on the charges of “membership in a terrorist group” and “disseminating propaganda for a terrorist group.” This was the fifth hearing in the case, overseen by the 25th High Criminal Court of Istanbul.
Demirci, who also holds a German passport, is among 23 defendants in the case. Of the 23, four are in pre-trial detention. Demirci was released at the end of the previous hearing in February.
During the hearing, which was also observed by representatives from the German Consulate-General in Istanbul, the prosecutor asked the court to release the remaining jailed defendants based on available evidence and the time they spent in detention.
The presiding judge asked Demirci about a criminal intelligence report alleging that Demirci “went to Syria and Iraq as a courier.” Demirci denied the allegation and told the court that he has never been to Syria or Iraq. His lawyer Keleş Öztürk said the intelligence report about Demirci was an unlawfully drafted document and should therefore be removed from the case file.
Demirci also requested the court to lift his travel ban. The court refused to lift the judicial control measures imposed on Demirci and adjourned the trial until 15 October 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1123191447056994307
https://www.dw.com/en/german-turkish-journalist-adil-demirci-forced-to-stay-in-turkey/a-48556233
https://www.zeit.de/gesellschaft/zeitgeschehen/2019-04/adil-demirci-tuerkei-terrorvorwurf-sozialarbeiter-koeln-prozess-heimreise
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Ahmet Altan acquitted in lawsuit filed by former chief of general staff
26 April 2019 – Two separate lawsuits where imprisoned journalist and author Ahmet Altan is accused of “insult,” “attempting to influence trial process,” and “violation of confidentiality” were heard at the Anadolu 2nd Criminal Court of First Instance.
The court first heard the lawsuit where Altan is accused of “violating the confidentiality of an investigation”and “attempting to influence courtroom proceedings” for his article titled “Mafyanın dışında kim kaldı” (Who is left other than the mafia), published in 2009 in the Taraf daily, which was closed down during the State of Emergency.
Issuing an interim ruling at the end of the hearing, the judge said the case would be dismissed on the condition that a judicial fine worth a total of TL 1,061 is paid within 10 days, P24 reported. The court postponed the trial until 25 June.
The court later heard the second lawsuit, which was filed by İlker Başbuğ, the former chief of General Staff. Altan was charged with “insult” in the case, which concerned an article he wrote in 2010 in the Taraf daily. The court acquitted Altan of the charge, ruling that the legal elements of the crime were not present.
Link(s):
https://expressioninterrupted.com/ahmet-altan-acquitted-in-lawsuit-filed-by-former-chief-of-general-staff/
https://t24.com.tr/haber/ahmet-altan-ilker-basbug-un-actigi-hakaret-davasindan-beraat-etti,818520
https://www.evrensel.net/haber/378217/ahmet-altan-hakaret-suclamasindan-beraat-etti
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
İlave TV reporter to stand trial for “insulting Erdoğan”
26 April 2019 – Arif Kocabıyık, a reporter for the online broadcaster İlave TV, will be standing trial on the charge of “insulting a public official” over a social media post he shared during the time when Recep Tayyip Erdoğan was Turkey’s Prime Minister. The trial was launched over his comment in which he said “crocodile tears” under a picture of Erdoğan.
Kocabıyık told BirGün daily that the initial allegation in the investigation was “insulting the president” although Erdoğan was prime minister at the time. He said the allegation was later changed to “insulting a public official.”
Kocabıyık’s trial will begin on 26 September 2019.
Link(s):
https://www.birgun.net/haber-detay/ilave-tv-muhabirine-erdogana-hakaretten-sorusturma.html
http://www.diken.com.tr/erdogana-hakarette-bugun-timsah-gozyaslari-yorumuna-dava/
https://www.abcgazetesi.com/bir-erdogana-hakaret-davasi-da-ilave-tv-muhabirine-11580
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Former Cumhuriyet staff members sent back to prison
25 April 2019 – Six former staff members of the Cumhuriyet daily returned to prison on to serve the remainder of the sentences they were given last year in the lengthy “Cumhuriyet trial.”
The 27th High Criminal Court of Istanbul had convicted former columnists and executives of the newspaper on the charge of “aiding a terrorist organization without being its member” last year at the end of the trial. In February 2019, the 3rd Criminal Chamber of the Istanbul Regional Court of Justice rejected the appeals against the verdict, thus finalizing the proceedings against eight of the defendants with sentences under 5 years in prison. Cases of defendants with sentences over 5 years in prison will be further reviewed by the Supreme Court of Appeals.
The trial court issued an order for the execution of the eight sentences on Thursday, issuing arrest warrants for Güray Öz, Önder Çelik, Musa Kart, Hakan Kara, Mustafa Kemal Güngör, Bülent Utku and Emre İper. The prosecution issued a summons for Kadri Gürsel. Öz, Çelik, Kart, Kara, Güngör and İper reported to the Kocaeli Courthouse on Thursday afternoon, from where they were sent to the Kandıra Prison.
Link(s):
https://medyascope.tv/2019/04/25/cumhuriyet-gazetesinin-eski-calisanlari-yeniden-cezaevinde/
https://www.evrensel.net/haber/378169/eski-cumhuriyet-calisanlari-yeniden-cezaevine-girdi
https://www.dw.com/tr/cumhuriyet-%C3%A7al%C4%B1%C5%9Fanlar%C4%B1-yeniden-cezaevinde-ho%C5%9F%C3%A7akal%C4%B1n/a-48490879
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Journalist Erk Acarer faces investigation: report
25 April 2019 – A newspaper report claimed that an investigation was under way against journalist Erk Acarer, who works for daily Birgün and private broadcaster Artı TV. Acarer is allegedly accused of “inciting the public to hatred and animosity” on social media.
The Sabah daily, owned by Serhat Albayrak – the brother of Treasury and Finance Minister Berat Albayrak – reported that police drafted a criminal complaint concerning Acarer’s social media accounts after a tip-off. The complaint was sent to the prosecutor’s office, who decided to launch an investigation into Acarer, the report claimed.
Link(s):
https://www.sabah.com.tr/gundem/2019/04/25/birgun-yazarina-sorusturma
https://www.evrensel.net/haber/378129/sabah-birgun-yazari-erk-acarere-sorusturma-baslatildigini-iddia-etti
https://gazetekarinca.com/2019/04/gazeteci-erk-acarer-hakkinda-sorusturma-baslatildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Cem Şimşek’s trial adjourned until September
25 April 2019 – A trial in which Cem Şimşek, the former responsible managing editor of the Evrensel daily, stands accused of “defaming” and “insulting” Treasury and Finance Minister Berat Albayrak resumed in Istanbul.
Şimşek and his lawyers were in attendance at the third hearing in the case, overseen by the Bakırköy 2nd Criminal Court of First Instance. The accusations stem from a news story published in Evrensel on 14 July 2018.
Addressing the court for his defense statement, Şimşek said that the newspaper ran a proper rebuttal as requested by the plaintiff, daily Evrensel reported. He added that the news article consisted of remarks by an expert in economics and did not include any insulting expressions. Şimşek asked the court to consider the new article a part of the public’s right to information and requested to be acquitted.
The court adjourned the trial until 12 September, granting additional time to Şimşek’s lawyers to produce a hard copy of the newspaper in which the said rebuttal was published.
Link(s):
https://www.evrensel.net/haber/378139/gazeteci-cem-simsek-albayraka-hakaret-iddiasina-yanit-verdi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Government / State Agency / Public official(s) / Political party
UPDATE: Çiğdem Toker faces lawsuit filed by Turkey’s postal services
25 April 2019 – A lawsuit filed against economy journalist Çiğdem Toker by Turkey’s postal service PTT resumed in an Ankara court, RSF Turkey reported. The PTT is seeking TL 50,000 in non-pecuniary damages in the lawsuit, based on a column Toker wrote in April 2018 for the Cumhuriyet daily.
The Ankara 20th Civil Court of First Instance adjourned the trial until 11 June 2019.
Link(s):
https://twitter.com/RSF_tr/status/1121376221697327104
Categories: Subpoena / Court Order / Lawsuits
Source of violation: Corporation / Company
UPDATE: Court keeps journalist İsminaz Temel’s travel ban in place
24 April 2019 – A trial where 23 defendants, including Etkin news agency (ETHA) editor İsminaz Temel and reporter Havva Cuştan, face terrorism-related charges resumed in an Istanbul court.
Journalists Temel and Cuştan and several of their co-defendants as well as defense lawyers were in attendance, P24 reported. Cuştan had remained in pre-trial detention for nine months and Temel for 16 months as part of the case before being released by the court.
Issuing an interim ruling at the end of the hearing, the 27th High Criminal Court of Istanbul ruled to release Coşkun Yiğit and Erkan Kakça from pre-trial detention. With the decision, none of the 23 defendant remain in pre-trial jail. The court, however, rejected the requests to lift the judicial control measures imposed on Temel and her co-defendants, adjourning the trial until 3 September 2019.
Link(s):
https://twitter.com/P24DavaTakip/status/1120947761933889536
https://www.evrensel.net/haber/378072/espli-erkan-kakca-ve-coskun-yigit-tahliye-edildi
https://mezopotamyaajansi17.com/tum-haberler/content/view/55354
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Prosecutor seeks conviction for eight defendants in “Sözcü trial”
18 April 2019 – The seventh hearing in the “Sözcü trial,” where a total of nine columnists, executives and editors of the newspaper stand took place at the 37th High Criminal Court of Istanbul. In the indictment prepared by the prosecutor the defendants are accused of “aiding a terrorist organization without being its member.”
The judges announced that the prosecution submitted their final opinion of the case on 17 April, only a day before the hearing, P24 reported. According to the document the prosecutor is seeking up to 10 years in prison for Emin Çölaşan, Necati Doğru, Gökmen Ulu, Metin Yılmaz, Mustafa Çetin, Yücel Arı and Yonca Yücekaleli for “knowingly and willingly aiding the ‘FETÖ/PDY’ without being part of its hierarchical structure.” FETÖ/PDY stands for “Fethullahist Terrorist Organization/Parallel State Structure,” the name given by the Turkish government to the religious Fethullah Gülen network.
The prosecution asked the court to apply “effective remorse” provisions in the sentence they sought for Mediha Olgun. The prosecutor lastly requested the court to separate the file against Burak Akbay, the former publisher of Sözcü who is currently overseas and sought for with an arrest warrant, on the grounds that he had yet to make his defense statement.
In its interim decision, the court rejected the defense lawyers’ requests for further investigation; ruled to keep the arrest warrant for Akbay in place; and adjourned the trial until 14 June.
Link(s):
https://twitter.com/P24DavaTakip/status/1118767339707740160
https://www.sozcu.com.tr/2019/gundem/gazetecilik-yargilaniyor-4469408/
http://www.hurriyet.com.tr/gundem/sozcu-gazetesi-davasinda-savci-mutalaasini-verdi-41186629
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Journalist Kibriye Evren ordered to remain behind bars
16 April 2019 – The trial into jailed journalist Kibriye Evren on terrorism-related charges resumed in a Diyarbakır court, online news website Gazete Karınca reported.
This was the fourth hearing in the case, overseen by the 5th High Criminal Court of Diyarbakır. Evren, who is jailed in the Diyarbakır Prison and has been in a hunger strike for 122 days, did not attend the hearing.
In its interim ruling at the end of the hearing, the court ordered the continuation of Evren’s pre-trial detention and adjourned her trial until 7 May.
Link(s):
https://gazetekarinca.com/2019/04/aclik-grevindeki-gazeteci-kibriye-evrene-tahliye-yok/
https://www.gazeteduvar.com.tr/gundem/2019/04/16/122-gundur-aclik-grevinde-olan-gazeteci-evren-tahliye-edilmedi/
https://www.gercekgundem.com/medya/86270/gazeteci-kibriye-evren-tahliye-edilmedi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: “Redhack trial” into 6 journalists adjourned until September
16 April 2019 – The “RedHack trial,” where six journalists stand accused of “disseminating propaganda for a terrorist organization,” “hindrance or destruction of a data processing system,” “aiding a terrorist organization without being its member” and “terrorist group membership” for their coverage concerning the emails of Minister Berat Albayrak leaked by RedHack, resumed at an Istanbul court.
Journalists Derya Okatan, Tunca Öğreten, Mahir Kanaat, Eray Sargın, Metin Yoksu and Ömer Çelik stand accused in the case, overseen by the 29th High Criminal Court of Istanbul, P24 reported.
The presiding judge announced during the hearing that a case file relating to an investigation launched against Çelik in 2015 by the Diyarbakır Chief Public Prosecutor’s Office has been merged with the present case and a new indictment has been issued. In the new indictment, Çelik is accused of “disseminating propaganda for a terrorist group” for his social media posts in 2015.
In its interim ruling, the court accepted Yoksu and Okatan’s requests to be held exempt from appearing in court, but rejected the same request from Ömer Çelik on the grounds that he had yet to make his defense statement in relation to the new case file. The court set 24 September as the date for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1118042549845934081
https://t24.com.tr/haber/red-hack-davasinda-yedinci-durusma-gazetecilik-faaliyetlerimden-dolayi-yargilaniyorum,817099
https://gazetekarinca.com/2019/04/davanin-hukuki-temeli-cokmustur-redhack-davasinda-bilirkisi-raporu-mahkemeye-ulasti/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Prosecutor seeks sentence for P24 founding President Hasan Cemal
16 April 2019 – P24’s Founding President and T24 columnist Hasan Cemal appeared in an Istanbul court for the second hearing of his trial on the charge of “propaganda” for a column he wrote on 4 December 2015.
Submitting his final opinion, the prosecutor requested Cemal to be convicted for the alleged crime of “conducting propaganda for a terrorist organization,” P24 reported.
Accepting the request by Cemal and his lawyer for a continuance to prepare their final defense statement, the 36th High Criminal Court of Istanbul adjourned the trial until 7 May.
Link(s):
https://twitter.com/P24DavaTakip/status/1118029850034438144
https://t24.com.tr/haber/hasan-cemal-hakkinda-acilan-dava-ertelendi,817017
https://www.dw.com/tr/gazeteci-hasan-cemal-hakk%C4%B1nda-hapis-talebi/a-48348929
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Journalist Gökhan Öner given 10-month sentence on “propaganda” charge
15 April 2019 – The final hearing of a trial where journalist Gökhan Öner, a former reporter for the shuttered Dicle news agency (DİHA), was accused of terrorism related charges, took place in the western Anatolian town of Denizli.
The prosecutor submitted their final opinion of the case during the hearing, in which they requested Öner to be acquitted of the “terrorist group membership” charge due to insufficient evidence, but asked the 2nd High Criminal Court of Denizli to convict the journalist of the “propaganda” charge on account of his reporting for DİHA.
Issuing its verdict at the end of the hearing, the 2nd High Criminal Court of Denizli acquitted Öner of the “membership” charge but found him guilty of “propagandası” and sentenced him to 10 months in prison, Mezopotamya Agency reported. The court deferred Öner’s sentence by five years.
Link(s):
http://mezopotamyaajansi16.com/tum-haberler/content/view/54381?page=5
https://gazetekarinca.com/2019/04/gazeteci-gokhan-onere-10-ay-hapis-cezasi/
https://www.evrensel.net/haber/377527/gazeteci-gokhan-onere-10-ay-hapis
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Özgür Gündem solidarity trial adjourned
15 April 2019 – The 10th hearing in a trial where Professor Şebnem Korur Fincancı, the president of the Human Rights Foundation of Turkey (TİHV), Erol Önderoğlu, the Turkey representative of Reporters Without Borders (RSF), and journalist-writer Ahmet Nesin stand accused of “spreading propaganda for a terrorist organization,” “incitement to commit crime” and “praising crime and criminals” for joining in the “substitute editor-in-chief” campaign for the shuttered Özgür Gündem newspaper was held.
Erol Önderoğlu made his defense statement in response to the prosecutor’s final opinion during the hearing, P24 reported.
In their interim ruling at the end of the hearing, the 13th High Criminal Court of Istanbul granted additional time for the preparation of the remaining defense statements; accepted Önderoğlu’s request to be held exempt from appearing in court, and adjourned the trial until 17 July.
Link(s):
https://expressioninterrupted.com/ozgur-gundem-solidarity-trial-adjourned/
https://twitter.com/P24DavaTakip/status/1117678855379214336
https://bianet.org/english/freedom-of-expression/207477-onderoglu-we-give-2-5-years-of-our-lives-to-an-indictment-prepared-in-one-day
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Columnist fired after calling Minister of Finance to resign
11 April 2019 – Hüsamettin Aslan, a columnist for the conservative Milat daily, was dismissed after calling the Minister of Treasury and Finance, Berat Albayrak, to resign. Albayrak, who took over all functions previously performed by two separate ministers in the new cabinet announced on July 2018, is also President Recep Tayyip Erdoğan’s son-in-law.
“Milat has decided to stop publishing my columns after the comment I made on social media arguing that ‘Berat Albayrak should resign,’” Aslan said according to online platform against censorship Susma’s report. “The criticism against this intra-family reorganization, vocally denounced inside the AKP’s [Justice and Development Party] base, has spread to the streets. As Turkey is giving a struggle for survival, criticizing this nonsense in a polite manner and explaining it with a constructive disapproval was necessary,” he said.
Link(s):
http://susma24.com/milatta-iktidari-elestiren-aslanin-yazilarina-son/
https://t24.com.tr/haber/berat-albayrak-istifa-etmeli-diyen-yazar-kovuldu,816507
https://www.yenicaggazetesi.com.tr/albayraka-istifa-et-dedi-gazeteden-kovuldu-230275h.htm
Categories: Other Serious Issues (Dismissal)
Source of violation: Employer / Publisher / Colleague(s)
UPDATE: Austrian journalist Max Zirngast appears in first courtroom hearing
11 April 2019 – The first courtroom hearing in the trial of Austrian journalist and academic researcher Max Zirngast took place in Ankara.
Zirngast, who was arrested in the Turkish capital in September 2018, remained in detention on remand for three months before being released pending trial in late December. The 26th High Criminal Court of Ankara, which is overseeing the trial, had imposed on Zirngast and his co-defendants an international travel ban.
Zirngast and his co-defendants Mithatcan Türetken, Hatice Göz and Burçin Tekdemir are accused of “membership in a terrorist group” on the allegation that they are linked with the organization “TKP/Kıvılcım,” a fraction that broke off from the Communist Party.
All four defendants and their lawyers were in attendance at the first hearing, DW reported. Addressing the court for their defense statements, the defendants rejected the accusations.
Issuing an interim decision at the end of the hearing, the court ruled for the continuation of the international travel ban imposed on the defendants and adjourned the trial until 11 September.
Link(s):
https://www.dw.com/cda/tr/zirngast%C4%B1n-yurtd%C4%B1%C5%9F%C4%B1na-%C3%A7%C4%B1k%C4%B1%C5%9F-yasa%C4%9F%C4%B1-devam-edecek/a-48282679
https://www.gercekgundem.com/medya/85208/avusturyali-gazeteci-zirngastin-davasi-basladi
https://www.jungewelt.de/artikel/352764.t%C3%BCrkei-prozess-gegen-max-zirngast-beginnt.html
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Deniz Yücel’s trial adjourned until July
11 April 2019 – The trial of Turkish-German journalist Deniz Yücel, the former Turkey correspondent of the German newspaper Die Welt, resumed on 11 April in Istanbul. Yücel is charged with “disseminating propaganda for FETÖ/PDY and PKK/KCK” and “inciting the public to hatred and animosity.”
Yücel was represented by his lawyer Veysel Ok during the third hearing in the case, overseen by the 32nd High Criminal Court of Istanbul. Ok told the court that Yücel was scheduled to make his defense statement on 10 May in Berlin and requested a continuance until after Yücel’s statement is heard, P24 reported. Accepting the lawyer’s request, the court adjourned the trial until 16 July.
Link(s):
https://twitter.com/P24DavaTakip/status/1116255166968233990
https://bianet.org/english/law/207375-journalist-deniz-yucel-to-testify-in-berlin-in-may
https://www.dw.com/tr/deniz-y%C3%BCcel-davas%C4%B1-11-nisana-ertelendi/a-46815700
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Local journalists, politician acquitted in “incitement” case
10 April 2019 – A trial where journalists from two local newspapers in the Aegean town of Didim stood accused of “inciting the public to hatred and animosity” for publishing a press statement by local representatives from Turkey’s Labour Party (EMEP) resumed.
Mustafa Öge, the owner of the newspaper Didim Özgürses, Ergün Korkmaz, who owns the newspaper Mavi Didim, Erdem Özden, a reporter for the latter, along with the district chair of EMEP, Kazım Temiz, were all acquitted at the end of the fourth hearing. The case was overseen by the 1st Criminal Court of First Instance of Didim.
The trial was launched over the publication of a statement by EMEP on Turkey’s military operation on the Syrian city of Afrin on January 2018.
Link(s):
https://www.evrensel.net/haber/377248/emep-aciklamasini-yayimladiklari-icin-yargilanan-gazetecilere-beraat
https://tihv.org.tr/11-nisan-2019-gunluk-insan-haklari-raporu/
http://www.dusun-think.net/dosya/bulten/19041215-19-haftalik-du776s807u776nce-o776zgu776rlu776g774u776-bu776lteni.pdf
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Court rules for publisher’s release in Özgür Gündem trial
10 April 2019 – The “Özgür Gündem main trial,” where nine defendants stand accused of “disrupting the unity and integrity of the state” and “membership in a terrorist organization,” resumed on at the Istanbul courthouse.
This was the 12th hearing in the case, which is overseen by the 23rd High Criminal Court of Istanbul. Keskin and the newspaper’s jailed publisher Sancılı were in attendance, P24 reported. Sancılı was brought from the a prison in the city of Edirne, where he is currently serving a previous sentence.
Issuing an interim decision at the end of the hearing, the court ruled for Sancılı’s release. However, Sancılı will remain in prison because of a previous sentence. The court also ruled to hand over the case file to the prosecution for the drafting of their final opinion and adjourned the trial until 3 July.
Link(s):
https://twitter.com/P24DavaTakip/status/1115857405387186179
https://gazetekarinca.com/2019/04/ozgur-gundemin-imtiyaz-sahibi-kemal-sancili-hakkinda-tahliye-karari/
https://t24.com.tr/haber/kapatilan-ozgur-gundem-in-imtiyaz-sahibi-kemal-sancili-hakkinda-tahliye-karar,816216
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Two Özgürlükçü Demokrasi editors released
10 April 2019 – The fourth hearing in the trial into 14 employees of the shuttered daily Özgürlükçü Demokrasi on terrorism-related charges took place at the Istanbul courthouse.
The pro-Kurdish newspaper’s publisher İhsan Yaşar, responsible managing editor İshak Yasul, editors Mehmet Ali Çelebi and Hicran Urun were in attendance as well as unjailed defendants Pınar Tarlak and Ramazan Sola. The newspaper’s editor Reyhan Hacıoğlu, who has also been jailed pending trial since April 2018, did not attend, P24 reported.
The prosecutor submitted his final opinion of the case during the hearing, asking the court to convict Urun, Çelebi, Tarlak, Yasul, Yaşar and Hacıoğlu of “membership in an armed terrorist organization,” “successively publishing terrorist group publications” and “disseminating propaganda for a terrorist organization.” The prosecutor requested that Ramazan Sola and Mizgin Fendik be convicted of “aiding a terrorist organization without being its member.”
The prosecution requested the continuation of the detention of all jailed defendants.
Issuing an interim decision at the end of the hearing, the 23rd High Criminal Court of Istanbul ruled to release Yasul and Urun pending the conclusion of the trial and set 28 June as the date for the next hearing in the case.
Link(s):
https://twitter.com/P24DavaTakip/status/1115927899637469184
https://gazetekarinca.com/2019/04/ozgurlukcu-demokrasi-davasinda-iki-tahliye-karari/
https://bianet.org/bianet/ifade-ozgurlugu/207337-gazeteciler-ishak-yasul-ve-hicran-urun-tahliye-edildi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Jailed publisher Mehmet Ali Genç acquitted in “propaganda” case
9 April 2019 – Mehmet Ali Genç, the publisher and former managing editor of Varyos Publications, appeared in an Istanbul court for the fourth hearing of his trial on the charges of “disseminating propaganda for a terrorist group” and “praising crime or a criminal.” The charges stemmed from an article Genç had penned for the women’s magazine Sosyalist Kadın.
Genç was brought to the Istanbul Courthouse for the 9 April hearing, overseen by the 23rd High Criminal Court of Istanbul. He was accompanied by his lawyer Kader Tonç.
Genç is currently imprisoned in Adana, serving three separate convictions from previous trials where the accusations stemmed from his time as the responsible managing editor of the leftist Atılım newspaper, his lawyer told P24.
Rendering its verdict at the end of the hearing, the court ruled to drop the “propaganda” charge against Genç based on the statute of limitations in Turkey’s press law, and acquitted Genç of the “praising crime or a criminal” charge.
Link(s):
http://www.etha6.com/Haberler/mehmet-ali-genc-hakkinda-beraat-karari/9/11593
https://tihv.org.tr/10-nisan-2019-gunluk-insan-haklari-raporu/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Detained journalist Oktay Candemir released on bail
7 April 2019 – Journalist Oktay Candemir, who was arrested during a police raid on his apartment in the eastern province of Van, was released from custody on 7 April. Candemir, who was brought to the Van courthouse following his interrogation at the local police department, was referred to a court by a prosecutor who requested the journalist to be jailed pending trial on the charge of “terrorist group membership.” Candemir was released by the court under judicial control measures.
Link(s):
http://mezopotamyaajansi16.com/tum-haberler/content/view/53544?page=3
https://gazetekarinca.com/2019/04/gazeteci-oktay-candemir-serbest-birakildi/
https://www.artigercek.com/haberler/gazeteci-oktay-candemir-serbest-birakildi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Diyarbakır-based journalist Sertaç Kayar’s trial adjourned until June
5 April 2019 – A trial in which freelance journalist Sertaç Kayar faces up to 22 years in prison on the charge of “establishing and leading a terrorist organization” resumed at the 10th High Criminal Court of Diyarbakır.
Issuing an interim ruling at the end of the hearing, the court adjourned the trial until 26 June, P24 reported. The court said it would await the testimony of a witness mentioned in the case file, which will be heard by a High Criminal Court in the central Anatolian province of Çorum.
This was the third hearing in the case, where Kayar is accused based on his coverage of demonstrations and public statements in Diyarbakır.
Link(s):
https://twitter.com/P24DavaTakip/status/1114057233548107776
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Editor Haydar Ergül released after 15 months in pre-trial detention
5 April 2019 – A trial in which Haydar Ergül, an editor with the periodical Demokratik Modernite is among 19 defendants, resumed in Istanbul.
Ergül, who had been in detention on remand since January 2018, is charged with “membership in a terrorist group” in the case overseen by the 22nd High Criminal Court of Istanbul. Among Ergül’s co-defendants in the case are members and administrators of People’s Democratic Party (HDP) and the Democratic Regions Party (DBP).
Issuing an interim ruling at the end of the hearing, the court ruled for Ergül’s release pending the conclusion of the trial, P24 reported. Judicial control measures were imposed on Ergül in the form of an international travel ban and reporting to the nearest police station once a month to give his signature. The court set 28 June as the date for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1114148084219564032
https://gazetekarinca.com/2019/04/15-aydir-tutukluydu-gazeteci-haydar-ergul-tahliye-edildi/
http://mezopotamyaajansi16.com/tum-haberler/content/view/53381
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Alican Uludağ and Duygu Güvenç’s trial adjourned
4 April 2019 – The second hearing of a trial where journalists Alican Uludağ and Duygu Güvenç stand accused of “publicly degrading the judiciary” took place at the 2nd Criminal Court of First Instance of Istanbul.
Uludağ and Güvenç are accused on account of their reporting in the Cumhuriyet newspaper on the developments surrounding US pastor Andrew Brunson, who remained in detention in Turkey for two years before being released in October.
The trial was adjourned until 20 June because the judge was on leave, P24 reported.
Link(s):
https://twitter.com/P24DavaTakip/status/1113695298084380673
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Libel case against Çiğdem Toker to continue in July
4 April 2019 – Çiğdem Toker, a prominent economy columnist for the Sözcü daily, appeared before an Ankara court on 4 April for the second hearing of a lawsuit filed by a Turkish mining company. The company, Şenbay Madencilik, is seeking a record TL 1.5 million in compensation for a column Toker penned for the Cumhuriyet daily in October 2017.
Toker and her lawyer were in attendance for the hearing at the 13th Civil Court of First Instance of Ankara. In their interim ruling, the court decided to request from the Ministry of Transport and Infrastructure the official records of the tender Toker wrote about in her column, online news website T24 reported, and adjourned the lawsuit until 9 July.
Link(s):
https://t24.com.tr/haber/cigdem-toker-e-acilan-1-5-milyon-liralik-tazminat-davasi-basladi,815356
https://www.evrensel.net/haber/376920/gazeteci-cigdem-tokerin-davasi-9-temmuza-ertelendi
https://www.gercekgundem.com/medya/83431/cigdem-tokere-acilan-tazminat-davasinda-yeni-gelisme
Categories: Subpoena / Court Order / Lawsuits
Source of violation: Corporation / Company
UPDATE: Journalist Ayşegül Doğan’s trial adjourned until September
3 April 2019 – The trial of journalist Ayşegül Doğan, a former program coordinator for the shuttered television station İMC TV, who is charged with “establishing or leading an armed organization,” resumed at the 9th High Criminal Court of Diyarbakır, online news website Gazete Karınca reported.
This was the second hearing in the case, where Doğan’s interviews as a journalist with DTK administrators are held as evidence against her. The court adjourned the trial until 11 September, awaiting a comparative forensic examination of audio recordings in the case file and a sample of Doğan’s voice.
Link(s):
http://gazetekarinca.com/2019/04/gazeteci-aysegul-doganin-davasi-ertelendi/
https://www.evrensel.net/haber/376881/gazeteci-aysegul-doganin-ses-kayit-ornekleri-alinacak
https://jinnews.com.tr/TUM-HABERLER/content/view/106937
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Evrensel columnist Karataş’s trial adjourned until September
3 April 2019 – Yusuf Karataş, a columnist for Evrensel daily, appeared in a Diyarbakır court for the fifth hearing of his trial on the charge of “establishing and leading a terrorist group.”
Karataş faces up to 22.5 years in prison in the trial, one of many similar criminal cases where the accusations stem from audio recordings of speeches delivered by participants during Democratic Society Congress (DTK) rallies. Karataş was arrested and jailed pending trial in July 2017 as part of an investigation into DTK. He was released pending trial in September 2017.
Karataş requested the court to lift his international travel ban because it prevented him from attending international events he is invited as a politician and a columnist.
In its interim ruling, the 9th High Criminal Court of Diyarbakır rejected Karataş’s request and adjourned the trial until 11 September, awaiting the completion of the forensic examination of audio tapes by the Council of Forensic Medicine in Istanbul.
Link(s):
https://twitter.com/P24DavaTakip/status/1113326549107912704
https://www.evrensel.net/haber/376866/yazarimiz-yusuf-karatasin-yurt-disi-yasagi-yine-kaldirilmadi
https://www.gazeteduvar.com.tr/gundem/2019/04/03/yusuf-karatasin-yurtdisi-yasagi-kaldirilmadi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Mezopotamya Agency reporter Ahmet Kanbal briefly detained
3 April 2019 – Mezopotamya news agency reporter Ahmet Kanbal was taken into custody in the Nusaybin district of Mardin province while covering a news story, the agency reported.
Kanbal was reportedly arrested because he had failed to show up to give his defense statement as part of a court case. Kanbal was released later in the day by the Nusaybin 1st Criminal Court of First Instance after giving his statement.
Link(s):
http://mezopotamyaajansi17.com/tum-haberler/content/view/53013
https://twitter.com/dokuz8haber/status/1113363004714676224
https://www.evrensel.net/haber/376862/gozaltina-alinan-ma-muhabiri-ahmet-kanbal-serbest-birakildi
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Nine journalists sentenced for solidarity with Özgür Gündem
3 April 2019 – The court announced its verdict at the end of the 11th hearing in the trial of 13 defendants accused of “conducting propaganda for a terrorist organization” for participating in the “substitute editor-in-chief” campaign to show solidarity with the pro-Kurdish Özgür Gündem newspaper, which was closed down in 2016.
The final hearing of the trial took place on 3 April at the 14th High Criminal Court of Istanbul.
The court convicted journalists Hüseyin Aykol, Faruk Eren, Ertuğrul Mavioğlu, Fehim Işık, Celal Başlangıç, Öncü Akgül, İhsan Çaralan, Celalettin Can and Dilşah Kocakaya of the “propaganda” charge and sentenced them to a total of 14 years and 3 months in prison, P24 reported. The court deferred the sentences of six defendants while Akyol, Can and Kocakaya’s sentences were not deferred.
Following the completion of the defense statements, the court went on to issue its verdict in which it found nine defendants guilty of the “propaganda” charge.
The newspaper’s former co-editor-in-chief Hüseyin Akyol was sentenced to 3 years and 9 months in prison for “successively disseminating propaganda for a terrorist organization.” Aykol’s co-defendants Faruk Eren, Ertuğrul Mavioğlu, Fehim Işık, Celal Başlangıç, Öncü Akgül, İhsan Çaralan and Celalettin Can were each sentenced to a prison term of 1 year and 3 months. All sentences except the one imposed on Celalettin Can were deferred.
The court acquitted Mehmet Şirin Taşdemir, Ömer Ağın, Veysel Kemer and Yüksel Oğuz, who were on trial for the letters they sent to Özgür Gündem from prison, which the newspaper had published. The court also convicted Dilşah Kocakaya of the “propaganda” charge and imposed on Kocakaya a 15-month sentence.
The sentences will be reviewed by an appellate court.
Link(s): https://www.evrensel.net/haber/376875/ozgur-gundem-nobetci-genel-yayin-yonetmenligi-davasinda-ceza-yagdi
https://medyascope.tv/2019/04/03/ozgur-gundem-nobetci-genel-yayin-yonetmenleri-davasinda-gazetecilere-ceza-yagdi/
http://bianet.org/bianet/medya/207080-nobetci-yayin-yonetmenleri-davasinda-9-kisiye-hapis-cezasi
https://twitter.com/P24DavaTakip/status/1113322983588757504
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
24 Jan 2019 | Europe and Central Asia, News, Turkey, Turkey Uncensored
[vc_row][vc_column][vc_column_text]
Social media apps on phone, Jason Howie/Flickr
After the widespread anti-government Gezi Park protests in 2013, social media platforms became an alternative source of news as the conventional mainstream media lost its credibility due to its biased reporting. Thereafter, posts were increasingly muzzled by the government, something that intensified in the wake of the failed coup attempt in July 2016. This is a particular problem for Turkey’s Kurds who have taken to social media in the absence of Kurdish media, which has largely been shuttered.
According to BIA Media Monitoring Reports, 182 media outlets have been shut down since the coup attempt. The actual number of news sites, social media posts and online news reports that have been blocked is unknown.
Özcan Kılıç, a lawyer who mostly defends Kurdish journalists and media outlets warned that if there aren’t deferments of verdicts in the cases, there could be more than 7,000 social media users imprisoned in the country. He points out that journalists facing charges related to their social media activities have mostly been sharing links to their own news articles.
“Kurdish journalists mostly share their pieces on their own social media pages because pro-Kurdish TV channels, newspapers are shut down and access to the pro-Kurdish news outlets are banned. The only way to inform people is through their own social media pages, such as Twitter or Facebook,” says Kılıç. “There is a double standard against Kurdish journalists and news outlets. I had a client newspaper which was prosecuted for publishing a photo of Öcalan [one of the founders of the separatist Kurdistan Workers’ Party] while he was smiling for ‘making terrorist propaganda by representing a terrorist organisation’s leader positively’. The judiciary approach is ‘If mass media did it, it is journalism, if Kurds did it, it is propaganda’.”
“When Redhack leaked the emails of Berat Albayrak [then-energy, now the economy minister and a son-in-law of President Recep Tayyip Erdogan] they started to focus on the social media posts,” Kılıç adds. “In the leaked files trial, it was the socialist, leftist and Kurdish journalists who were prosecuted and the only evidence was their news stories that they posted online.”
When the government woke up to social media as a free speech medium, it launched a virtual patrol squad of police officers under the Department of Cybercrime in several cities. According to General Directorate of Security Affairs, the virtual patrols are able to deal with offences falling within the scope of the Public Security Division, listed as online sexual harassment, threat, insult, pandering, inducing suicide, blackmail and obscenity.
Kılıç says that these virtual patrol squads “check all the corners of the internet and create digital reports on individuals’ social media profiles”.
Police reports on social media profiles are collected from open sources, therefore these reports cannot be used as evidence in the prosecutions. “Very few of the courts take these notice and asks for further evidence,” says Kılıç. “But some are. When they ask for authentication of the social media profile which was subjected to trial, prosecutors use even personal information of suspects’ family, children or spouse.”
Kılıç’s note refers to the case of Kurdish journalist Rawin Sterks, in which the prosecutor demanded he be charged with conducting propaganda for a terrorist organisation due to his Facebook post about a documentary he had made about Reşit Marinus, a Kurdish peshmerga, the military forces of the federal region of Iraqi Kurdistan. Sterk denied the charge against him. Istanbul’s 34th Heavy Penal Court didn’t accept the indictment saying that the preamble of “the ‘peshmerga’ title did not refer any PKK militants”. The prosecutor then submitted another indictment, which restated the information in the first, but also added a police report which included some photographs and posts of Sterk’s family. The court then accepted the indictment.
Kılıç said that journalists who are targeted with charges often go public but non-journalists don’t because they fear for the impact on their families. “Regardless if they are educated or not, Kurdish people have an expression problem,” he says. “The Kurdish media is shut down, they cannot gather and celebrate Newroz, they cannot protest. So they do the most convenient thing and post their views on social media.”
When Turkey invaded Afrin, a town in northern Syria, on 10 January 2018, the Ministry of Interior stated that 845 people taken into custody for their online posts about the military operation. Most of them were Kurdish.
“Even posting Selahattin Demirtaş’s [former leader of People’s Democratic Party which is pro-Kurdish and the third biggest party in Parliament. Demirtaş is in prison for more than two years] would be considered ‘terrorist propaganda’,” says Kılıç. “After Afrin operation, even religious, AKP electorate Kurdish people get detained for social media posts.”
He warns: “A bigger crackdown is approaching for the social media posts for the last 5 years. Especially towards the posts that related to the protests which sparked by the Islamic State’s attacks on Kobani in 2014.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1548178869839-7300ed07-67e9-0″ taxonomies=”8607″][/vc_column][/vc_row]
7 Jan 2019 | Artistic Freedom, Artists in Exile, News, Turkey
[vc_row][vc_column][vc_column_text]
Özgül Arslan
“It turned into a place where it became impossible to breathe,” says feminist visual artist Özgül Arslan about Turkey. “Everything and everywhere changed. Nothing was familiar anymore. Everything that makes up the country’s memory is being sold, demolished and destroyed one by one.”
Arslan grew up in a Turkey marred by the 1980 coup d’etat, when the Turkish military overthrew the government following violence between left- and right-wing factions. Though some say military rule helped stabilise Turkey, which changed prime ministers 11 times in the 1970s alone, the military arrested hundreds of thousands of people and executed dozens more. Others were tortured or just disappeared — all for their activism, opinions or work.
Arslan, and many others living in Turkey, learned how to remain silent for their own safety. It was this period of silence that drew Arslan to art. With its metaphors and hidden messages, it gave Arslan a voice.
But even now, Turkey is growing increasingly illiberal under President Recep Tayyip Erdoğan. Erdogan has taken control of media, diminished the opposition party, and restricted freedom of expression by imprisoning journalists and human rights activists. The president has also restricted the role of the parliament and prime minister, allowing himself to legislate by decree.
Socially, the situation is just as grim. Erdogan has spoken of creating a “pious generation,” one which adopts traditional Islamic values. This trend is seen in education, with religious schools receiving more funding than secular schools, despite having less students. In 2017, secular schools were forced by the government to remove evolution from the curriculum, which was seen as the government’s conservative and religious ideology infiltrating schools. The government defended the changes, saying the new curriculum would be both nationalist and moral.
The government has also condemned feminism, with Erdogan saying in 2014 that women and men were not equal. Arslan said that women are taught to be chaste at every opportunity. Furthermore, Arslan is a part of the Alevi faith, a minority sect of Islam. Arslan says there has always been problems for people of the Alevi faith, but now the Erdogan is pressuring everybody not of the majority Sunni faith.
“It is meaningless to live in a country where the government is constantly uttering threats. It makes our lives, our humanity and our minds lose their worth,” Arslan said.
She didn’t want to raise her daughter in this kind of environment, so she and her husband moved to London in 2016.
Arslan, who has done exhibitions both in Turkey and abroad, spoke to Leah Asmelash from Index on Censorship about censorship of the arts in Turkey, how her beliefs affect her work and upcoming projects. [/vc_column_text][vc_single_image image=”104410″ img_size=”full” add_caption=”yes” alignment=”center” onclick=”custom_link” link=”http://ozgularslan.com/catharsis-circle/”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Index: How old were you when you first started creating art? What drew you to it?
Arslan: Since I was born until I was 11-years-old I lived in Erzincan, a city in eastern Turkey located within an earthquake zone. We sometimes used to stay in a tent put up on a land near our house for our safety. There would be no paper nor paints, we only took with us the most basic supplies necessary for living. Whenever we would enter to our house, which we called shelter, or go out of it, we would run. There would always be something of a construct and reconstruct around me when I was growing up. What I made at the time were – I could only define it long afterwards – “land art” experiments. I would draw on earth, rocks, branches, water, snow, ice, crops, etc. anything you could think of. I would give them shape, interfere with their natural cycle, reorganize them, then observe the changes they would undergo and the entire process of it… This was a kind of game I played with nature. I used to do and nature would undo again what I made. I have produced this type of ecologic artworks during my first years at university.
These were times when we were caught between tradition, faith and parents who would keep silent and teach their children to remain silent like them after the 1980 military coup. I always wanted to make art, but what drew me into it was art’s metaphorical and ironic narrative using symbols. It was a path I chose intentionally to record the process of defining myself and what was happening around me.
Index: Your art typically has political messages. When did your art become political? Was it a response to things happening around you?
Arslan: When I was studying at university, I would often hear that it wouldn’t be easy for a woman to make art. There was a lot of gender discrimination in art as everywhere else. The exact same struggle I was giving against my family, society or the state stood right in front of me in the world of art. The mere fact of continuing working with the belief that it is possible to make art anywhere, with anything and under any condition was a political stance in itself.
Domestic violence, child abuse, the insignificance of being a woman, privation, deficiencies in education, discriminations based on identity, etc. Any of these issues related to this region is my past… What is personal is political. As an artist, I chose to express my relationship with the present and my questioning through my work. Even though I can’t really tell if there was a defining moment, there has always been a latent political content in all my artistic works.
In short, I wanted to create a visual language consisting of personal and social codes and references to question the relationship between public space, home and modernity.
Index: Much of your work features different mediums, including painting, photos and videos. Why have you chosen to use such differing mediums?
Arslan: I mainly studied literature, philosophy and art history. I was an avid reader and I also used to draw. I used to paint on canvas during my high school years and afterwards. I worked for a painting gallery and for an architecture firm that would also make decorations. I learned a lot of things there that would have been impossible to learn at school. I also worked with painters, studied painting and acting. Murals I made during my university years in internal spaces and outdoors, the different techniques I have tried while working on walls and through my work with materials such as glass helped me to understand what decorativeness corresponded to technically and in terms of content.
Although the first conceptual works date back to 1965, because those did not have a continuity, we can set the starting date of contemporary art production in Turkey in the end of the 1980s. The military coup of 1980 played a significant role in it. But art was still affected by the negative influences stemming from the domination of Turkish modernism and the tradition of painting attached to it. One of the results of this conservative influence was that art institutions would not give an opportunity to young artists.
As someone who started making art works at the end of the 1990s, the core of my influences from photography to video and from using manufactured articles to painting are the Dada movement in 1920s and the conceptual arts that started developing in the 1960s. By using various medium and developing new techniques, I have adopted a multidisciplinary construct in which the content of the project was determinant.
This also included my choice of spaces. With the Internet becoming a part of our life, I have also sought with my work to define the field and how we would position ourselves in it. When conceiving the form, essence and content of my artistic works, I usually try to work in public spaces other than art galleries and organize the space in a way that has a bond with what I want to produce.
I chose the medium either according to the content and to the space after conducting my research and reading on a certain concept and questions that arise from a given situation or totally based on my intuition. This can either be an object, a manufactured article, a photograph or a video, or I may also develop a new technique different from the traditional ones by using other medium befitting to the content.
Index: You come from an Alevi background, which is considered heresy by the by the dominant form of Islam, and Alevis face a lot of persecution in Turkey. People have said that Erdogan is trying to make Turkey more Sunni. How is freedom of religion diminished in Turkey, and how are you affected by that?
Arslan: In 1993, radical Islamists staged an arson attack on the Madımak Hotel in Sivas where intellectuals who came to attend an event in the city from across Turkey were staying, because they were Alevis and atheists. Thirty-three intellectuals and two hotel workers were killed in the attack. The subsequent trial dropped due to statute of limitations. Today, those who were defending that disaster sit in important positions in the government.
As you say, Alevis have always been under pressure but freedom of belief is no longer a problem unique to Alevis in Turkey. It is the problem of seculars altogether. Conservatives are trying to put everyone else under pressure to be and live like them. When 20 or 30 years ago it was the secular way of life which was imposed on everyone, it’s now conservatives who are exerting the same pressure. Nothing has changed or improved in the life of Alevis, they still feel themselves forced to hide their identity.
Part of society who wants to see modern and rational policies and move forward is facing a group ruling – or wanting to be ruled – with ignorance. It is meaningless to live in a country where the government is constantly uttering threats. It makes our lives, our humanity and our minds lose their worth. Some of our friends have been deprived of their freedoms or their jobs just because they have pronounced words such as “freedom” and “peace.”
Index: Your work commonly features women and comments on sexism within society. Why is that message important to you? How does your identity as an Alevi woman impact your perspective and thus the art you create?
Arslan: There are too many issues concerning women’s rights. There is a predominant patriarchal discourse at home, at work, at school and anywhere you can think of. There are cultural codes embedded in society through state and religion. Those are constantly telling us what we can or we cannot do, how we should obey, how we should love, what we should wear and even what we should eat. We are fighting for our human rights every day, even with our closest ones. I consider myself as a feminist artist. Since I make art through my personal references as a woman, an artist, a teacher and a mother of a girl, women, children and all the marginalized are my problem too.
I see myself lucky for being born in an Alevi family, despite being socially marginalized and subject to a degrading discourse. Alevi families traditionally raise their children with freedom of belief. They respect everyone’s beliefs because of their own faith. Moreover, there is no prohibition of representation and statues like in conservative Islam.
Being raised in an Alevi family allowed me to notice at an early age social discriminations based on identity, state and religious policies, people who were marginalized and marginalization in general and to develop a sensibility on these issues.
Index: As Turkish society grows increasingly conservative, how are artists being silenced?
Arslan: Every dissenting, marginal opinion is being finger-pointed as a target by the government. Artists are being discredited. Either their artistic works are censored or artists themselves exercise self-censorship.
In the past years, galleries in the center of Istanbul were attacked by mobs with batons and stones because people were allegedly drinking alcohol – actions we call “pressure from the neighbourhood.” Those galleries either moved or closed. No one claimed responsibility and no legal action was initiated against anyone over the incidents. There has been attacks targeting certain exhibited pieces in different events. Some artworks were removed. Not only they don’t understand contemporary art, but they are also pointing the fingers at the artistic work on this field through disdainful social media comments or statements relayed pro-government publications. By doing so, they turn these artists into a target for their supporters.
No artistic event whose content doesn’t back the government’s discourse or which is traditionally aligned with it can get funding or financial support. Many theatres were closed, buildings housing art schools and conservatories were emptied. Academics at schools were either dismissed or reassigned somewhere else. A lot of statues in public spaces were removed and no one really knows what happened to them. Others were subject to attacks and damaged by radical Islamists. Works of art were called “monstrosity” by the authorities. A large number of historical artefacts restored by government supporters who had no experience have been irreparably damaged. Buildings with an important historical and artistic significance, such as the Atatürk Cultural Center in Istanbul, were demolished. The parliamentary speaker ordered actresses during a theatre performance to get out of the stage and the play continued without any woman acting. Several restrictions were brought to performing arts under state institutions such as theatre and ballet.
Index: How has this silencing affected the way you work and what you produce?
Arslan: Part of my work has been influenced by social movements. This led me to question art and work on new techniques – which I shared with my students. But in the last few years, the way I presented my work was much stronger as a result of what we have been through. I have tended to render apparent what used to be covered up by using an aesthetic language.
Index: What motivated you to leave Turkey?
Arslan: It turned into a place where it became impossible to breath. Everything and everywhere changed. Nothing was familiar anymore. Everything that makes up the country’s memory is being sold, demolished and destroyed one by one. Nature got its share too. Rivers, streams, lakes, forests, lands owned by the treasury, cultural heritage sites, the air, water, the soil, seeds… So much has been sacked.
Those who speak up against it are arrested in their house in the middle of the night and kept in jail for months without an indictment. They otherwise lose their jobs.
“Either you have to keep silent or you will leave.” Think a President who threatens half of the population with the other half that elected him. We have recently witnessed a number of bomb attacks, we were subject to tear gas almost every day and we became used to walk between water cannons and armed riot police.
They took children from their schools to events held by a pro-government foundation or the directorate of religious affairs without asking the permission of their families.
Turkey has turned its back to science. Entire curriculums were changed. Many qualified teachers were dismissed. The country is rapidly verging to Dark ages in the hands of a government looking to raise a “religious and rancorous” generation.
The number of sexual attacks and violence against children and women is very high. While the “man” who perpetrates this crime can get a reduction of sentence for good behaviour in court, the fact that a woman wore a mini skirt or went outside late at night can be used as a justification for “provoking” him. If the laws don’t protect women and children, they also give women lectures of chastity at each opportunity. The government is aggressively discrediting the discourse of feminists. What we call “the pressure from the neighbourhood” is now a reality everywhere.
As a feminist family, we didn’t want to raise our daughter with a conservative education which is not based on science. Personally speaking, I preferred to move where I could work more freely and keep developing my art without exercising self-censorship rather than sitting back and watching everything.
There are a lot of modern families who left Turkey and stopped their careers to move in other countries. These are families who don’t want to force their children to live under this dark regime. Especially secular white collars are leaving Turkey.
As writer Tezer Özlü once said, “This not our country, but the country of those who want to kill us.”
Index: Now that you’re based in London, how do you think this change in location will affect your art, if at all?
Arslan: My art studio is in Turkey. Most of the artwork I have produced and my materials are also there. My conditions of work are changing and my production is limited. I am trying to live and continue producing with my meagre means. I also follow the artistic production here and learn about the processes of production.
After moving here, I opened one solo exhibition in Istanbul and took part in group exhibitions. Being invited in group exhibitions here as well is a great satisfaction and keeps me motivated to produce more works. Artists and curators I have worked with in London are very understanding and open to communication and sharing.
Although I am far from Turkey in terms of distance I still follow what happens day. I continue thinking and reading about being subject to everyday violence. Although I define myself as a “voluntary migrant”, I started to focus on the links between voluntary migration and violence and oppression. The artworks I am producing here follow this direction.
Index: How is your art, with its feminist messages, received in Turkey versus internationally? Is there a difference and if so, why do you think that is?
Arslan: The audience in London knows a lot about art. They can therefore read your work very easily. I needed to make less explanations to the public in London than what I used to do in Turkey. Generally speaking, the audience here has extensive knowledge about art, they are interested in feminism or other political issues and better equipped to empathize. My methods of productions are methods or metaphors they are familiar with. The themes of my artworks are not only issues we are confronted in Turkey but current universal issues we are facing.
[/vc_column_text][vc_single_image image=”104411″ img_size=”full” add_caption=”yes” alignment=”center” onclick=”custom_link” link=”http://ozgularslan.com/exposure-maruz/”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Index: Sanat yapmaya başladığınızda kaç yaşındaydınız? Sizi sanat yapmaya çeken neydi?
Arslan: Doğduktan sonra onbir yaşına kadar ki sürecim Türkiye’nin doğusunda bulunan şehirlerden biri olan ve deprem bölgesinde yer alan Erzincan’da geçti. O yüzden güvenlik nedeniyle bazı dönemlerde haftalarca evimizin yakınındaki arazide, sadece çadırda kalmamız gerekirdi. Kağıt, boya malzemeleri yoktu, sadece yaşamsal zorunluluğu olan malzemleri yanımıza alırdık. O zamanlarda ev, sığınak dediğimiz yere ise koşarak girip koşarak çıkardık. Etrafımda hep bir “yapı kurumu”(construct) ve “yeniden yapım”(reconstruct) vardı. O zaman ürettiklerim daha çok sonradan tanımını koyabildiğim “Land art” denemeleriydi. Toprak, taş, dal, su, karlı arazi, buzlar, ekinler vs. aklınıza ne gelirse üzerine çizmek, şekil vermek, onların var olan döngüsüne müdahale etmek, düzenlemeler yapmak ve sonrasında geçirdikleri değişimi, süreci gözlemlemek… Bu bir çeşit doğayla oyun oynamaktı, ben yapardım o da tekrar değiştirirdi. Üniversitenin ilk yıllarında bu tip ekolojik çalışmalar ürettim.
Gelenek, inanç ve 1980 darbesi nedeniyle susulan, çocuklarına kendileri gibi sessiz kalmayı öğreten veliler arasında geçen dönemlerdi. Sanat yapma isteğim hep vardı ancak en çok da sanatın kodlarla, metaforik ve ironik anlatım yönü beni sanata itti. Kendimi ve çevremde olup bitenleri tanımlama sürecimi kayıt altına almak için bilinçli olarak tercih ettiğim bir yoldu.
Index: Eserlerinizde genellikle siyasi mesajlar görmek mümkün. Sanatınız ne zaman politik hale geldi? Etrafınızda olup bitenlere karşı bir cevap mıydı bu?
Arslan: Üniversite yıllarımda bir kadının sanat yapmasının pek de kolay olmayacağının altı sık sık çiziliyordu. Kadın ayrımı her yerde olduğu gibi sanatta da vardı. Aile, toplum ve devletle verdiğim kimlik mücadelesi sanat ortamında da karşımdaydı.Her yerde, her şeyle ve her şartta sanat yapılır anlayışıyla çalışmalarımı devam ettirmem de politik bir tavırdı.
Aile içi şiddet, çocuk olarak uğradığınız tacizler, kadın olarak hiç bir değerinizin olmaması, yokluk, eğitimdeki eksiklikler, kimlik ayrımları vs. Bu coğrafyanın sorunu olan her şey benim de geçmişim…Kişisel olan politiktir. Ben de bir sanatçı olarak var olan durumla ilişkimi, sorgulamalarımı, çalışmalarımla ifade etme yöntemini seçtim.
Kesin zaman verememekle birlikte sanırım çalışmalarımda gizli politik bir içerik hep vardı.
Özetle, kamusal alan-ev-modernite ilişkisini ve politikalarını sorgulayan, kişisel ve toplumsal kodlara referanslarla bir görsel dil oluşturmak istedim.
Index: Çalışmalarınızın önemli bir kısmında resim, fotoğraf ve video gibi farklı sanatsal araçlar başvurmanız dikkat çekiyor. Neden birbirinden farklı medyumlar kullanmayı tercih ettiniz?
Arslan: Ağırlıklı olarak edebiyat, felsefe, sanat tarihi dersleri aldım. İyi bir okuyucuydum ve resim yapardım. Lise yıllarımda ve sonrasında tuval yapım ve yerel resim galerisinde, daha sonra da dekorasyon yapan bir mimarlık şirketinde çalıştım. Okulda öğrenmenin olanaksız olduğu çok şey öğrendim. Aynı zamanda ressamlarla da çalıştım ve akademik desen, resim ve oyunculuk eğitimi aldım. Üniversite yıllarımda, dış ya da iç mekanlara yaptığım duvar resmi, denediğim duvar üzeri farklı teknikler ve cam gibi malzemelerle yaptığım işler sayesinde dekoratif olanın, hem içerik hem de teknik olarak neye karşılık geldiğini kavradım.
Türkiye’de güncel sanat üretiminin 1965 yılında ilk kavramsal çalışmalar yapılmış olsa da süreklilik gösteremediği için 1980’lerin sonlarında başladığını öne sürebiliriz ve bunda 1980 darbesinin büyük rolü var. Bu dönemde Türk modernizmi ve ona bağlı pentür geleneğinin sanat alanındaki hakimiyetinin olumsuz etkileri devam etmekteydi. Bu muhafazakar etkilerden biri sanat kurumlarının genç sanatçılara yer vermemesiydi.
1990’ların sonunda üretimine başlamış biri olarak, 1920’lerde Dada ve 1960’lardan itibaren gelişen kavramsal sanat, fotoğraftan videoya, hazır nesneden resme uzayıp giden eğilimlerimin kökenini oluşturuyor. Çok sayıda medyumu bir arada kullanarak ve yeni teknikler geliştirerek projenin içeriğinin belirleyici olacağı çok disiplinli bir yapıyı benimsedim.
Buna mekan seçimlerim de dahil oldu. İnternetin hayatımıza girmesiyle birlikte alanı nasıl tanımlayacağımıza, içerisinde nasıl konumlanacağımıza dair yaptığım çalışmalarım da oldu. Sanat galerileri dışında kamusal alanlarda çalışmaya ve çalışmalarımda biçim-öz-içerik oluştururken mekanın üretilecek işle bağını kuracak şekilde kurgularım.
Sezgisel olarak yada bir durumun sonucunda oluşan bir kavram ve sorular hakkında okuma ve araştırmalarımı yaptıktan sonra, kullanılacak medyumu içeriğe ve mekana göre belirlerim. Bu bir obje, hazır nesne, fotoğraf-video olabiliyor ya da geleneksel tekniklerin ve medyumların dışında içeriğe uygun bir teknik geliştiririm. Kişisel sergilerimde dahi sergide yer alacak her bir çalışmayı mekanda yerleştirilecek düzenlemenin bir elemanı gibi kurgular ve üretirim. Dışarıdan içeriye, içeriden dışarıya bir referans, hemen hemen tüm çalışmalarımda vardır.
Index: Alevi bir aileden geliyorsunuz. Alevilik, İslam’da heretik olarak görülüyor ve Türkiye’de de Alevilere yönelik yoğun baskılar var. Erdoğan’ın Türkiye’yi Sünnileştirmeye çalıştığı belirtiliyor. Türkiye’de din ve inanç özgürlüğü ne kadar daraldı ve siz bundan ne şekilde etkileniyorsunuz?
Arslan: Muhafazakarlar, Sivas’ta Madımak Oteli’nde 1993 yılında bir etkinlik için toplanan Türkiye’nin farklı yerlerinden gelen aydınları, Alevi ve Ateist oldukları gerekçesiyle yaktılar. 33 Aydın ve 2 otel görevlisini hayatını kaybetti. Dava zaman aşımına uğradı. Şimdi o felaketin savunucuları şu anda yönetimde söz sahibi makamlardalar.
Belirtiğiniz gibi Alevilere karşı bir baskı hep var ancak günümüz Türkiye’sinde inanç özgürlüğü sorunu sadece artık Alevilerin sorunu olmaktan çıktı. Bu artık tüm sekülerlerin sorunu. Muhafazakarlar kendilerinden olmayan kerkesi, kendileri gibi olmaları ve yaşamaları için her alanda baskı altına almaya çalışıyorlar. Bundan 20-30 yıl önce seküler yaşam tarzi herkese dayatılırken şimdi muhafazakar kesim bu baskıyı yapıyor. Alevilerin hayatında gelişen veya değişen bir şey yok, hala kimliklerini gizlemek zorunda kalabiliyorlar.
Çağdaş akılcı yöntemleri görmek ve ilerlemek isteyen bir kesimin karşısında cahilce kararlarla yöneten ve yönetilmek isteyen bir kesim var. Sürekli size tehtitler savuran bir yönetimin içinde yaşamak anlamsız. Hayatımızı, insanlığımızı, aklımızı değersizleştiriyor. “Özgürlük”, “barış“ gibi kelimeleri sırf telaffuz ettiler diye koca bir toplumun önünde bazılarımız özgürlüklerinden ya da işlerinden edildiler.
Index: Çalışmalarınızda yaygın olarak kadınlara ve toplum içindeki cinsiyet ayrımcılığına yer veriyorsunuz. Bu mesaj sizin için neden önemli? Alevi bir kadın olmak bakış açınızı ve sanatınızı nasıl etkiliyor?
Arslan: Kadınların hakları konusunda çok fazla sorun var. Evde, işte, okulda aklınıza gelebilecek tüm alanlarda ataerkil söylem hakim. Bize sürekli nerede ne yapacağımızı ve ne yapamayacağımızı, nasıl itaat etmemiz, nasıl sevmemiz, nerede ne giymemiz, ne yememize kadar söyleyen devlet ve din yoluyla toplumda yer etmiş kültürel kodlar var. Her günümüz, insani haklarımız için en yakınlarımızla dahi mücadele etmekle geçmekte. Ben feminist bir sanatçıyım, kişisel referaslarımla ürettiğim için bir kadın, sanatçı, öğretmen ve bir kız çocuğu annesi olarak doğal olarak kadınlar, çocuklar ve tüm ötekileştirilenler benim de meselem.
Türkiye’ de sosyal olarak ötekileştirmeler, hakaret niteliği taşıyan söylemlere maruz kalmış olsam da Alevi bir ailede dünyaya gelmiş olmam konusunda kendimi şanslı görüyorum. Alevi aileler çocuklarını inanç özgürlüğüyle yetiştirirler ve inançları gereği herkesin inancına saygı duyarlar. Ayrıca muhfazakar İslamdaki gibi suret ve heykel yasağı yoktur.
Alevi bir ailede büyümüş olmam topkumdaki kimlik ayrımcılıklarının, devlet ve din politikalarını, öteki olmak, ötekileştirmeleri erken yaşta fark etmemde ve bu konuda duyarlılık geliştirmemde faydası oldu.
Index: Türkiye’de toplum giderek muhafazakârlaştıkça, sanatçılar nasıl susturuluyor?
Arslan: İktidar tarafından muhalilif, marjinal her düşünce hedef gösterliyor. Sanatçılar ve üretimleri itibarsızlaştırılıyor. Üretilen çalışmalar ya sansürleniyor ya da sanatçılar otosansür uyguluyor.
Galeriler, geçtiğimiz yıllarda İstanbul’un merkezinde mahalle baskısı uygulanarak içki içiliyor gerekçesiyle bir grup tarafından taşlı sopalı saldırıya uğradılar. Galeriler oradan ya taşındı ya da kapattılar. Hiç kimse bu olayda sorumluluk almadı ve kimseye hukuki bir işlem yapılmadı. Bazı sergilenen çalışmalara, farklı etkinliklerde saldırılar oldu ya da eserler kaldırıldı. Çağdaş sanat çalışmalarını anlamadıkları gibi bu alanda yapılan çalışmaları küçümseyecek yazılarla sosyal medya ya da iktidara ait yayınlarda açıklamalar yaparak kendi yandaşlarına açık açık hedef göstermekteler.
Geleneksel veya içeriksel olarak kendi söylemlerini desteklemeyen hiç bir sanat etkinliğine fon-maddi destek ayrılmıyor. Tiyatroların çoğu kapatıldı, sanat, koservatuar okullarının binaları boşaltılıyor. Okullarda akademisyenler ya görevlerinde alındı ya da görev yeri değiştirildi. Kamusal alandaki pek çok heykel kaldırıldı, akıbetlerinin ne olduğu belli değil. Yine kamusal alandaki heykellere muhafazakar kesim tarafından saldırıldı, zarar verildi. Sanat eserleri iktidar tarafından “Ucube” olarak nitelendirildi. Bu iktidar dönemi sırasında işi bilmez iktidar yanlılarına yaptırılan pek çok tarihi eser, restorasyon sırasında geri dönüşü olanaksız zararlara uğradı. Tarihi ve sanatta önemli bir yere sahip bazı binalar yıkıldı, “Atatürk Kültür merkezi” bunlardan biri. Meclis başkanı bir tiyatro gösterisinde kadın oyuncuları sahneden indirdi, kadınlar olmadan gösterim yapıldı. Devlete bağlı tiyatro, bale gibi gösteri sanatlarına pek çok gösterim sınırlamaları getirildi…
Index: Bu susturma çabaları çalışmanızı ve sanatsal üretimlerinizi nasıl etkiledi?
Arslan: Sosyal hareketlerden etkilenerek ürettiğim çalışmalarımında aynı zamanda sanatın sorgusunu yaparak yeni yöntemler üzerinde çalışıyor ve eğitimci yanımla da öğrencilerimle paylaşıyordum. Son yıllarda yaşadıklarımızın etkisiyle çalışmalarımdaki sunumlar da sertleşti. Örtbas edileni estetik dille görünür kılmaya yöneldim.
Index: Türkiye’den neden ayrılmaya karar verdiniz?
Arslan: Nefessiz kaldığınız bir yer oldu artık. Her şey her yer değişti. Hiç bir yer tanıdık değildi. Ülkenin belleği tek tek satılıp,yıkılıp yok ediliyor. Doğa da nasibini aldı, nehirler, dereler, göller, ormanlar, hazine arazileri, kültür miras alanları, hava,su, toprak, tohum…pek çoğu talan edildi.
Buna karşı ses çıkaranlar gecenin bir vakti evlerinden alınıyor ve aylarca bir iddianame hazırlanmadan içerde tutuluyor veya işinden edilebiliyor.
Ya susup boyun eğeceksin ya da gideceksin” Bir başkan düşünün ki kendisini seçen %50 ile diğer %50’ yi tehtit ediyor. Son zamanlarımızda sürekli bir yerlerde bombalar patlıyor, neredeyse her gün biber gazına maruz kalıyorduk, tomaların, çelik zırhlı polislerin arasında yürüyorduk.
Çocuklar ailelerinin izni alınmaksızın ders saatlerinde okuldan alınarak İktidar yanlısı bir vakfın ya da diyanetin düzenlediği toplantılara götürülebiliyor.
Türkiye bilime sırtını döndü, tüm müfredatlar değiştirildi. Nitelikli pek çok eğitimci görevinden edildi. “Dindar ve kindar” bir nesil yetiştirmek isteyen bir iktidarın elinde hızla orta çağ karanlığına doğru gitmekte.
Çocuklar ve kadınlara çok fazla cinsel saldırı ve şiddet söz konusu. Bu suçu işleyen “erkek” mahkemede kıravat taktığı için iyi hal indirimi alabiliyorken, kadın ya da çocuk kısa etek giydiği, gece dışarıda olduğu için gibi oldukça anlamsız gerekçeler de ağır tahrik sebebi olabiliyor. Yasalar kadınları ve çocukları korumazken, her fırsatta kadınlara iffetli olma dersleri veriliyor. Hükümet Feministleri hedef gösterici tavırla itibarsızlaştırarak söylemlerinin altını boşaltıyor.
Mahalle baskısı sessiz bir şekilde her yerde.
Biz feminist bir aile olarak kızımızın bilimden uzak, muhafazakar bir eğitimle yetişmesini istemedik. Ben de çalışmalarımı daha özgürce devam edebileceğimi, kendime otosansür uygulamayacağım, sanatımı geliştirebileceğimi düşündüğüm için ve tüm olup bitene seyirci kalmak, hiç bir şey yapamayarak orada olmaktansa taşınmayı tercih ettim.
Bizim gibi Türkiye’den ayrılıp, kariyerlerini bırakıp başka ülkelere taşınan çok fazla çağdaş düşünen aile var. Çocuklarını bu karanlık düzene mahkum etmek istemeyen aileler. Seküler kesimin özellikle beyaz yakalıları ülkeyi terk etmekte.
Yazar Tezer Özlü’nün dediği gibi “Burası bizim değil, bizi öldürmek isteyenlerin ülkesi”
Index: Artık Londra’da yaşıyorsunuz. Bu mekân değişikliğinin sanatınızı etkileyecek mi ya da etkilerse, sizce nasıl etkileyecek?
Arslan: Atölyem Türkiye’de, çalışmalarımın ve atölye malzemelerim de çoğu orada. Üretimimde var olan şartlar değişiyor, produksiyonum sınırlı, kısıtlı imkanlarımla üretmeye ve yaşamaya çalışıyorum. Burada üretilenleri takip ediyorum, üretim süreçleri ve işleyişlerini öğreniyorum.
Buraya geldikten sonra İstanbul’da bir solo sergi ve grup sergilerine katıldım. Burada da grup sergilerine davet almış olmam sevindirici, üretmem için iyi bir motivasyon sağlıyor. Londra’da çalıştığım sanatçılar, ve küratörler oldukça anlayışlı, iletişime ve paylaşıma açıklar.
Türkiye’den lokasyon olarak uzakta olsamda hala oraya ait meseleleri takip ediyorum. Her gün Şiddete (“Everyday Violence”) maruz kalmamız üzerine düşünüyorum ve okumalar yapıyorum. Her ne kadar ben “ gönüllü göçmen” statüsünde tanımlansam da zorunlu ve ya gönüllü göçün şiddet ve zulumle bağını odağıma aldım. Burada ürettiğim çalışmalarım bu doğrultuda ilerlemekte.
Index: Sanatınız ve verdiğiniz feminist mesajlar Türkiye’de nasıl karşılanıyor? İki ülke arasında bir fark görüyor musunuz ve, varsa eğer, neden kaynaklandığını düşünüyorsunuz?
Arslan: Burada ki sanat izleyicisi oldukça donanımlı haliyle çok rahat okuma yapıyorlar. Turkiye’de yaptığımdan daha az açıklama yapmam yeterli oldu diyebilirim. Genel olarak sanat izleyicisini bilgi yelpazesi geniş, feminist ya da diğer politik meselelerle ilgili bilgi sahibiler o yüzden empati kurabiliyorlar. Üretim metedodlarım aşina oldukları yötemler ve metaforlar. Çalışmalarım salt Türkiye’de karşımıza çıkan meseleler de değil, güncel ve uluslararası arenada da örneklerini gördüğümüz konular.[/vc_column_text][vc_single_image image=”104413″ img_size=”full” add_caption=”yes” alignment=”center” onclick=”custom_link” link=”http://ozgularslan.com/silencia-silence/”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1546851612980-bd13bbff-a326-1″ taxonomies=”15469″][/vc_column][/vc_row]
