The case against Karşı Newspaper employees accusing the newspaper of being FETÖ’s instrument was merged with the case against Eren Erdem, its former editor-in-chief and former CHP MP. Murat Çağlak drafted the indictment of the case against the employees, and Fahri Mutlu Tosun drafted the indictment against Eren Erdem.
In this case with 12 defendants, there are two defendants prisoned pending trial, one is journalist Eren Erdem, and the other is a social media user who also owns an internet news site and is accused for his messages.
At the second hearing of the case, the court ordered Erdem’s release, but upon the objection of the prosecutor, a second arrest warrant was issued for Erdem. Erdem left the prison, spent the night at the gendarmerie, was referred to a higher court and then arrested again.
At the final hearing on March 1, 2019, the court sentenced Eren Erdem to 4 years, 2 months, Emre Erçiş to 3 years, 1 month, 15 days and acquitted Mehmet Bozkurt and Kutlu Esendemir, on charges of “knowingly and willingly aiding an armed terrorist organization without taking part in its hierarchical structure”.
Karşı Gazete Davası (İddianame)
Karşı Gazete Davası (İddianame)
Karşı Gazete Davası (Gerekçeli Karar)
Due to articles published in the Özgür Gündem newspaper, which was later closed with a Decree Law, separate investigations were initiated by Istanbul Chief Public Prosecutor’s Office, Press Crimes Investigation Bureau. After the lawsuits were filed, 14 indictments were merged by the Istanbul 2. Criminal Court of First Instance.
The prosecutors drafted 1 indictment for Hatip Dicle, 10 for Hüseyin Aykol, 14 for İnan Kızılkaya and 2 for Zana Kaya.
In the indictments, they were charged with “publicly defaming the government, the judiciary or the police force”, and “publicly defaming the Turkish nation, republic and Grand National Assembly of Turkey”.
The trial awaits the execution of the arrest warrant against Kurdish politician Hatip Dicle.
In April 2017, a referendum was held for the amendment of certain constitutional articles to transition to an executive presidential system. After the referendum, protests were organized before the offices of the High Election Board (YSK) in many cities, and in İzmir, the documentary film-maker and journalist Kazım Kızıl who was following the protest was detained, along with 23 protesters.
Although he was detained on charges of violating the Law no. 2911 on Meetings and Protest Rallies, he was arrested four days later on charges of insulting the President through his social media posts dating from 2016. Six other defendants were also arrested for allegedly violating Law No. 2911. All the defendants were charged with insulting the President because of the slogans they chanted during the protest.
Kızıl stated that during the protest where he was detained, he heard the police talk among themselves, saying “Did you get Kazım, too?”
At the first hearing of the trial, held three months later, he was released along with six other prisoners in the same case. Erdoğan’s lawyer, who had asked to participate in the hearings, did not come to any.
At the final hearing of the case on June 19, 2019, Kızıl was sentenced to 1 year in prison on charges of “insulting the president”. The time he spent in prison was deducted from this sentence.
Kazım Kızıl - Cumhurbaşkanına Hakaret Davası (İddianame)
46 journalists and media professionals are sued since 2012 in the KCK Media Trial on charges of “leading a terrorist organization” or “membership of a terrorist organization.”
The process began on December 20, 2011 when the police raided the houses of journalists and Kurdish media outlets such as Dicle News Agency (DİHA), Özgür Gündem newspaper, Fırat News Agency and Roj TV in early morning hours, taking into custody 49 journalists under the scope of the operation against Kurdistan Communities Union (KCK).
The indictment completed on April 27, 2012, depicted journalistic efforts as “activities for a terrorist group”, and used phrases such as “alleged journalism activities”, “participating in a protest in the guise of reporter”, “new stories that damage or jeopardize the image of the state”, “It was seen that the suspect was not involved in journalistic activities, but penned stories that benefited the terror organization.”
KCK Media Trial became the largest trial against journalists in Turkish history and the first example of collective lawsuit against journalists. 37 of the 46 journalists and media professionals sued remained in prison between 9 months to 2.5 years.
From September 10, 2012 to March 3, 2014, 10 hearings comprising 32 sessions were held at Specially Authorized 15. High Criminal Court. Following the first hearing which lasted three days, the court ordered that the lawsuit be transferred from Çağlayan Courthouse to the courtroom in the Silivri for reasons such as “defendants’ actions during the trial, and the small size of the courtroom”, on November 12, 2012.
Since the specially authorized courts were abolished by legal amendment on February 21, 2014, the proceedings take place at İstanbul 3. High Criminal Court at the
Çağlayan Courthouse. The opinion as to the accusations has yet to be presented.
The 18. hearing will take place on February 25, 2020.
At November 20th, European Court of Human Rights(ECHR) denied the request regarding the case in which the journalists were being tried, with the reasoning that making a personal appeal to the Constitutional Court was still possible. The attorneys had made the request due to false imprisonment. However, at the time of the arrests and the request to the ECHR, the requirement to make the individual appeal to the Constitutional Court prior to the application to the ECHR, had not come into force.
KCK Basın Davası (İddianame)
Jin News correspondent Kibriye Evren was taken into custody during an operation on October 9 in Diyarbakır. She was arrested on October 11 and placed in Diyarbakır E-Type Closed Prison. The investigation about Evren was completed by Public Prosecutor’s Office and an indictment was drafted on October 18, 2018. Prosecutor Şahsuvar Yıldız leveled charges of “membership of a terrorist organization” and “spreading propaganda of a terrorist organization” in the indictment, which was accepted by Diyarbakır 5. High Criminal Court; the first hearing was scheduled for December 6, 2018.
The indictment presented Kibriye Evren’s journalistic activities and social media posts as criminal activities, and the secret witnesses and electronic tip-offs were deemed sufficient to open an investigation against her.
The 25-page indictment drafted by the prosecutor against Evren cited as evidence secret witness statements, social media posts and journeys abroad. The indictment presented the activities of the Democratic Society Congress (DTK), and of Kongreya Jinên Azad (KJA) and Tevgera Jinên Azad (TJA), which were shuttered by Decree Law, as criminal activities. The indictment dwelled upon the structure of KCK in a 11-page section, and upon associated institutions on 6 pages, claiming that all of their activities were illegal.
The indictment also portrayed TJA’s activities on the women’s question, and protests and events against male violence as “activities on behalf of a terrorist organization”, based on the following anonymous electronic tip-off sent to the Electronic Intelligence Branch over the internet: “TJA center. Mr. police officer, good evening. I want to give you information about PKK. Their women used to hang out in KJA. When that was closed then, they renamed it TJA. Women gather there. It is in the Ofis district. All they do is get together to talk about Öcalan and his isolation. Their fiercest militants go there. If I learn anything else, I will again message you.” It was further claimed that the Diyarbakır-based DTK, which has representatives in numerous cities, was an illegal structure with links to the “organization”. DTK’s meetings organized with the participation of MPs, mayors, NGOs, political parties, associations and unions, as well as being a DTK member or delegate were presented as criminal acts.
According to the indictment, the grounds for launching an investigation against Kibriye Evren were the statement given by a secret witness dubbed “EZEL” to the prosecutor on 03.07.2018 at the Diyarbakır Anti-Terror Branch; the statement given by a secret witness dubbed “FİRAR” to the prosecutor on 12.09.2018 at the Diyarbakır Anti-Terror Branch; the statement given by a secret witness dubbed “CESUR YÜREK” to the prosecutor on 28.03.2016; as well as Evren’s social media posts.
It was further claimed that Kibriye Evren’s name was mentioned in the documents obtained during the examination of digital materials seized upon a search warrant issued by Ankara 11. High Criminal Court on 27.11.2010. In addition, a photo taken on 20.08.2010 by Evren on the way to picnic with her friends was also added to the file as evidence of crime. Her journeys abroad for journalistic activities between 2015 and 2018 were likewise presented as evidence of crime.
The first hearing was held on December 6, 2018, the second hearing on January 10, 2019, the third hearing on April 16 and May 7, 2019. Kibriye Evren could not attend the last two hearings because she was on hunger strike. At the hearing on July 18, the panel of judges did not announce its verdict as its members had changed. Evren presented her defense in Turkish. The expected release order was not issued on September 24, and the 8th hearing will be held on November 12, 2019.
8th hearing of the case was held at November 12th, 2019. At the end of the hearing, after considering the time she already served she was released with conditions of a ban to leave the country and judicial control measures. Next hearing of the case was set to March 10th, 2020.
Kibriye Evren - JinNews Davası (İddianame)