Ayşe Düzkan

Journalist, writer, feminist. She took part in the Co-Editor-in-Chief on Duty campaign, in order to show solidarity against the investigations Özgür Gündem Daily was facing. She was sentenced to 1 year 6 months of imprisonment in the case opened against her for the news published in the paper during her term as Editor-in-Charge on Duty.

She surrendered to the the Prosecutor’s Office of Punishment Execution at Istanbul Courthouse at January 29th, 2019. She was taken to the Bakırköy Prison. After her request to be transferred to an open prison, she was taken to Eskişehir Open Prison at May 23rd, 2019. At June 12th, 2019 she was released on probation.

Düzkan, Duran, Aykol, Çelebi - “Özgür Gündem Newspaper Solidarity” Trial

Following the oppression against Özgür Gündem Newspaper, which was ‘temporarily’ shut down at August 16th, 2016 by Istanbul 8th Criminal Court of Peace, a campaign called “Editor-in-chief on duty” was set in motion at May 3rd, 2016. The reason behind this campaign was the lawsuits against the Co-Editor-in-Chiefs of the paper Eren Keskin and Hüseyin Aykol and paper’s Editor in charge İnan Kızılkaya. Campaign ended at August 7th, 2016. Özgür Gündem was shut down entirely, at October 29, 2016 with the 675th Decree Law.

Investigations were opened against 49 of the 56 Editor-in-Chiefs on Duty. 11 of these investigations ended in non-prosecution decision. 37 cases were opened. Case against Deniz Türkali has dropped due to the lapse of time.

Cases were held at the 13th, 14th and 22nd Assize Courts.

Defendants

37 defendants are as follows: A. Kumru Başer, Ahmet Nesin, Ayşe Batumlu, Ayşe Düzkan, Beyza Üstün, Can Dündar, Celal Başlangıç, Celalettin Can, Cengiz Baysoy, Çilem Küçükkkeleş, Derya Okatan, Dicle Anter, Erol Önderoğlu, Ertuğrul Mavioğlu, Faruk Balıkçı, Faruk Eren, Fehim Işık, Hüseyin Tahmaz, Hakkı Boltan, Hasan Cemal, Hasan Hayri Şanlı, İbrahim Bodur, İhsan Çaralan, Julide Kural, Murat Çelikkan, Murat Uyurkulak, Nadire Mater, Necmiye Alpay, Nevin Erdemir, Öncü Akgül, Ragıp Duran, Said Sefa, Şanar Yurdatapan, Şebnem Korur Fincancı, Tuğrul Eryılmaz, Veysi Altay, Yıldırım Türker.

Who have had a decision of non prosecution are…

11 people that have been investigated for taking part in the campaign and have had a decision of non prosecution are as follows: İhsan Eliaçık, Sebahat Tuncel, Ahmet Abakay, Eşber Yağmurdereli, Hasip Kaplan, Işın Eliçin, Kemal Can, Mustafa Sönmez, Melda Onur, Uğur Karadaş, Nurcan Baysal.

27 Editor-in-Chief on Duty sentenced

27 people that took part in the campaing and were sentenced to a sum of 352 months 15 days of prison time and fined 68.000 Turkish Liras are as follows: Şanar Yurdatapan, İbrahim Bodur, Cengiz Baysoy, İmam Canpolat, Çilem Küçükkeleş, Nadire Mater, Yıldırım Türker, Hasan Cemal, Faruk Balıkçı, Dicle Anter, Derya Okatan, Kumru Başer, Ayşe Batumlu, Jülide Kural, İlham Bakır, Murat Uyurkulak, Murat Çelikkan, Beyza Üstün, Nevin Erdemir, Hakkı Boltan, Hasan Hayri Şanlı ve Tuğrul Eryılmaz, Hüseyin Aykol, Ayşe Düzkan, Ragıp Duran, Mehmet Ali Çelebi and Hüseyin Bektaş.

Çelikkan and Düzkan went to prison

Editor-in-Chief on Duty Murat Çelikkan whose sentence was not delayed was sent to Kırklareli Prison on August 14th, 2017, taken to open prison on October 14th, 2017 and released on October 21st, 2017.

After her 1 year 6 months prison was approved by the Appeal Court, Editor-in-Chief on Duty Ayşe Düzkan whose sentence was not delayed as well has surrendered herself on January 29th to serve her sentence and was put to Bakirköy Female Prison. She was then transferred to Eskişehir Open Prison from where she was released on June 12th, 2019.

The trial of 10 Editors-in Chief on Duty continues

DİSK Basın-İş (Confederation of Progressive Trade Unions of Turkey)Press Labour Union President Faruk Eren, Evrensel Newspaper writers İhsan Çaralan and Fehmi Işık, journalists Ertuğrul Mavioğlu, Celal Başlangıç, Celalettin Can and Öncü Akgül that took part in the campaign are being tried at the 14th Assize Court. By the request of the attorneys, court board has decided to consolidate the cases of these editors and 6 six other people whose columns and mails have been published in Özgür Gündem during these 6 peoples terms as Editor-in-Chiefs on Duty. Along these names were Hüseyin Akyol, former Co-Editor-in-Chief of the paper and Ömer Ağın, one of the regular writers.

Cases of Editor-in-Chiefs on Duty Can Dündar, Said Sefa and Veysi Altay, whose cases are being held separately, are still being tried.

Kızılkaya accused in 38 cases

Editor in charge İnan Kızılkaya was the suspect of all 38 cases. Most of the cases agains him was then consolidated with Özgür Gündem Main Case.

Requested penalties

37 Editor-in-Chiefs on Duty were accused of “Making propaganda for a terrorist organisation” according to the article 7/2 and “Printing or publishing manifestos and declarations of terrorist organisations” according to the article 6 of the Anti-Terror Law(TMK) number 3713, “public promotion of criminal activities” according to the article 215/1 and “Praising an Offence and Offender” according to the article 214/1 of the Turkish Penal Code(TCK).

They are facing from 1 year to 5 years of imprisonment for TMK 7/2, from 1 year to 3 years of imprisonment for TMK 6/2, up to 2 years of imprisonment for TCK 215/1 and from 6 months to 5 years of imprisonment for TCK 214/1. A total amount of 2,5 to 15 years of imprisonment was being asked for 37 Editor-in-Chiefs on Duty.

The indictment against Ayşe Düzkan was prepared by Istanbul Chief Public Prosecutors Office, Bureau of Counter Terrorism and Organised Crimes.

The indictment, dated May 24th, 2016 was 2 pages long. In the indictment Özgür Gündem’s editor İnan Kızılkaya was also included as a suspect.

The indictment accuses Ayşe Düzkan for 5 articles published in Özgür Gündem at May 8th, 2016.

Titles of the 5 articles which were the subjects of the accusations were as follows: “I have a grave but don’t have Rozerin”, “resistance street by street”, “56th day of the resistance”, “5 cars were hit at Nisebin”, “Nu Jin was shown at Ankara”.

In the opinion it is claimed that the said articles “included content that appeared as propaganda of armed terrorist organisation PKK/KCK or its branches, solicited individuals and the public to commit an offence, praised the offences that were committed and it was a revealed that a specific group of people were incited to commit a crime” and therefore an investigation was launched. Article from the Press Law, regarding penal responsibility is underlined.

Statements of Editor in Charge İnan Kızılkaya and Ayşe Düzkan, described as “identified to have undertaken the position of Editor-in-Chief”, taken within the scope of the investigation, are summarized.

It is reported that she said she undertook the editor-in-charge position for a day at May 23rd, 2016 in order to show solidarity against the oppression, the paper was facing; she had attended the editorial meeting that day, and the articles subject to the investigation were chosen by the editors.

He claims that the subject matter articles contain content that “legitimises the actions of PKK/KCK and its members and praises and promotes armed attacks/riots/violence/oppression”. He claims that Özgür Gündem Newspaper continues its publication on line with PKK/KCK. And says these contents can’t be evaluated within the scope of freedom of expression and press.

He makes the accusation that “as a whole, the content of the articles are in a nature to make propaganda for PKK terrorist organisation” and requests her to be punished with the referring articles.

Ayşe Düzkan, at September 20th, 2016, in the first hearing of the case taking place at Istanbul 13th Assize Court presented her defence. She said she undertook the editor-in-charge position for a day at May 23rd, 2016 in order to show solidarity against the oppression, the paper was facing, she thinks that it does not form a criminal activity. Requested her acquittal. She stated that she did not accept the announcement of the sentence to be deferred.

Ayşe Dükkan requested to be exempted from the hearing. This request was accepted. Düzkan did not take part in the following hearings. Her attorney represented her.

In the hearing at June 16th, 2018, the court sentenced Ayşe Düzkan to 1 year 6 months of imprisonment for “making propaganda for a terrorist organisation”

Imprisonment sentence for 1 year was increased due to the “crime being committed through press” to 1 year 6 months. Court then decided not the optionally decrease her sentence due to her “behaviour during the hearings and not showing sufficient signs of regret” and not reaching the “moral conviction that a crime was not going to be committed in the future in case the sentence was decreased. The court also ruled that a separate sentencing for “Public solicitation and promoting an offence and the offender” was not necessary.

3rd Criminal Chamber of Istanbul Regional Court of Justice approved the decision at November 29th, 2018.

Düzkan, before the decision was declared to her, at January 29th, 2019, went to the Prosecutor’s Office of Punishment Execution at Istanbul Courthouse and surrendered. She was taken to the Bakırköy Prison. After her request to be transferred to an open prison, she was taken to Eskişehir Open Prison at May 23rd, 2019.

At June 12th, 2019 she was released.

Düzkan, Duran, Aykol, Çelebi - “Özgür Gündem Newspaper Solidarity” Trial (Reasoned Judgement)

Düzkan, Duran, Aykol, Çelebi - “Özgür Gündem Newspaper Solidarity” Trial (Indictment)

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