Hakan Aygün

He was born in Giresun. Started journalism at Cumhuriyet Daily in 1986. In 1991 he passed to Aktüel Magazine. Later he worked at Milliyet Daily. Then he worked first at HBB then at Show TV. He prepared the tv show “Gece Hattı” on Star TV between 1996 and 1998.

He was the presenter of the show “Kahvaltı Haberleri” at ATV in 1999. Later on he worked at Takvim Daily as a columnist. He was among the founders of HaberTürk webpage. In 2000, he was the news anchor of Kanal 6. He started “Basın Programı” in 2001 at HaberTürk. In 2003 he started writing columns at Yarın Daily. He was the news anchor and news coordinator at Flash TV between 2004 and August of 2007.

For a while he wrote columns at Evet Daily. After the paper was shut down on November 2006, he started writing columns at Bugün Daily. On October 2009, he was the news anchor of Flash Tv once again. He was released of his duty on May 2010. He prepared and presented “Yuvarlak Masa” at Bugün TV. Early 2013, he became the editor-in-chief of Halk Tv.

He was taken into custody on April 2, 2020 on his boat, for his social media posts regarding IBAN numbers shared within the scope of the fundraiser Turkey started against the “coronavirus” pandemic and was arrested on April 3, 2020. He was accused of “provoking hatred and hostility in public and degrading” and “insult”. He was taken to Muğla Prison.

In the indictment he was accused of “publicly provoking hatred and hostility in public”, “publicly degrading the religious values of a section of the public”, “in a successive manner”. He was requested to be sentenced to, from one year 10 months 15 days to seven years of imprisonment. He was released pending trial at the first hearing on May 6, 2020, after being detained for almost a month. He is pending trial.

The day he was released, a second indictment was prepared against him. Social media post, shown as the base of the arrest decision in social media and in the news was included in this indictment. Court ruled to consolidate two indictments.

He is released pending trial.

Hakan Aygün - “Provoking the Public to Hatred, Hostility or Degrading” and “Publicly Degrades the Religious Values of a Section of the Public” Trial

Bodrum Chief Public Prosecutor’s Office, launched an investigation on April 2, 2020 against journalist Hakan Aygün for his social media posts.

Within the scope of the investigation, Bodrum Police made a search in Aygün’s boat at Bodrum Harbour.

Search warrant, issued by Bodrum Chief Public Prosecutor’s Office, claimed that Aygün had “made numerous post on his social media accounts which are thought to have criminal content”.

Aygün was taken into custody on April 2, 2020. His laptop was seized.

During the investigation, Aygün was asked about 4 of his social media posts. According to the indictment, Aygün, in the statement he gave during the investigation phase, said that 3 of the posts belonged to him and were made to criticise the current situation, he had no intention of insult or degrading. He said he could not remember if he posted one of the subject matter posts.

Aygün was arrested by the decision of Bodrum Criminal Court of Peace on April 3, 2020. It was noteworthy that the arrest decision was taken during a period when entry and exit to/from Bodrum was forbidden due to the measures taken against the “coronavirus” pandemic. He was taken to Muğla Prison.

It was stated that within the scope of the measures taken against “coronavirus” pandemics, for 20 days he was in a solitary confinement cell. Later on, it was stated that the cell he was kept did not even have electricity.

The indictment against him was prepared on April 6, 2020, shortly after his arrest. After the indictment was accepted, Aygün was released at the first hearing on May 6, 2020 to pend trial. The day he was released, a second indictment was prepared against him.

The indictment against journalist Hakan Aygün was prepared by Bodrum Chief Public Prosecutor’s Office on April 6, 2020.

At the time of Aygün’s arrest and the indictment against him, measures taken against “coronavirus” pandemic were a hot button issue. Government had shared a fundraiser against the pandemic, and President Tayyip Erdoğan had shared the IBAN number to be shared for the fundraiser.

It was claimed that, before the investigation was launched, Aygün, on social media and some tv programs had shared a post saying “IBAN suresi ayet 1, Ey IBAN edenler… Biz size ayrı bankalardan IBAN numaraları verdik ki IBAN edesiniz diye, hiç şüphesiz ki ahiret gününde IBAN edenle IBAN etmeyenler ayrılacaktır. (a phrase mocking a sura from the Qur’an by changing the word ‘iman’ which translates to faith/belief with the word IBAN”. It was claimed that the custody and arrest decisions were based on this post.

However this post was not included in the indictment against Aygün.

Similarly, it was claimed that the investigation against Aygün was launched after a complaint made to Istanbul Chief Public Prosecutor’s Office. However, in the indictment, there was nothing regarding said complaint.

The indictment included 4 of Aygün’s posts.

His post “Alcohol is no longer haram for you, Corona Sura” on March 29, 2020 was put in the indictment.

One of the three posts made on April 1, 2020 says that Aygün had shared the news article titled “Directorate of Religious Affairs: do not help the Municipalities” with a comment saying, “and then crazy people come out provoking the people of faith by saying IBAN or iman(faith). You see it is all about IBAN”.

Another post Aygün shared saying “ISIS-headed Islamist fanatics, political Islamists, those who exploit religion by pretending to have iman(faith) but work for IBAN, racists, fascists, those who claim to be nationalist without even knowing who they are, wardrobe Atatürk supporters and wardrobe Muslims; please do not subscribe to my channel” was included in the indictment.

According to the indictment, Aygün, in a video he shared used the following words:

“Separation between those who have IBAN and those who have iman(faith): This is the last stop of the wardrobe Muslims who replaced wardrobe Atatürk supporters. This IBAN thing is important. See, there is a fight now because the government shared an IBAN number. Directorate of Religious Affairs is making a statement saying it is not permissible to help the fundraisers of the Municipalities. As a nation, you must help the biggest fundraiser, other ones are not permissible. Which faith, faith appears to be irrelevant. Just like the wardrobe Atatürk supporters of the past, there is wardrobe Muslims now. Everyone is interested in IBAN. They say they are religious, they appear religious on the surface by going to the mosque, putting on turbans, coifs but do everything else on the background. The background is always IBAN. There is no iman(faith) in the background. It is all IBAN.”

The indictment accused Aygün of “Insulting Islamic values” with this post.

The indictment claimed that Aygün, “with his public posts and comments, attempted to divide the public into two camps, those who donate to the fundraiser started by the State of the Republic of Turkey against a global outbreak, and those who do not donate”. It was claimed that “he provoked the two camps he divided, against each other”. It was claimed that the post was made public by the numerous likes it received.

It was claimed that Aygün’s posts “created an explicit and imminent danger to the public security and the act was capable of disrupting the public peace and order”.

Indictment, accused Aygün of “publicly provoking hatred and hostility in public” according to the article 216/1 of Turkish Penal Code. Within this scope, he was requested to be sentenced to, from one year to three years of imprisonment.

Aygün was also accused of “publicly degrading the religious values of a section of the public” according to the article 216/3 of the Turkish Penal Code by the indictment. According to which he was requested to be sentenced to, from six months to one year of imprisonment.

In total, he was requested to be sentenced to, from one year six months to four years of imprisonment”.

The indictment claimed that Aygün had committed the accused crimes “in a successive manner”. Therefore his requested sentence was requested to be increased by, from a quarter to three quarters, according to the article 43 of the Turkish Penal Code.

Therefore Aygün, in total, was requested to be sentenced to, from one year 10 months 15 days to seven years of imprisonment.

Aygün was also requested to be “bereaved of specific rights” according to the article 53 Turkish Penal Code.

The indictment was approved by Bodrum 3rd Criminal Court of First Instance.

Journalist Hakan Aygün’s trial started with the first hearing at Bodrum 3rd Criminal Court of First Instance on May 6, 2020.

Aygün took part in the first hearing through the Audio and Video Information System (SEGBİS) from the prison he was being held. He stated that he did not intend to insult or degrade with is posts and that his only purpose was to criticise.

Aygün, was released to pend trial, after the time he already spent behind bars was taken into consideration.

The day Aygün was released, a second indictment was prepared. The social media post that was not in the first indictment but was claimed to be the base of the investigation and the arrest decision, was included in the second indictment.

According to the indictment, prepared by Bodrum Chief Public Prosecutor’s Office again, on May 6, 2020, Aygün shared a social media post in his account, that said “IBAN suresi ayet 1, Ey IBAN edenler… Biz size ayrı bankalardan IBAN numaraları verdik ki IBAN edesiniz diye, hiç şüphesiz ki ahiret gününde IBAN edenle IBAN etmeyenler ayrılacaktır. (a phrase mocking a sura from the Qur’an by changing the word ‘iman’ which translates to faith/belief with the word IBAN”. It was claimed that the custody and arrest decisions were based on this post.

In the second indictment Aygün was accused of “publicly degrading the religious values of a section of the public” according to the article 216/3 of the Turkish Penal Code. The total length of requested sentence for Aygün did not change as the same accusation was made in the first indictment as well.

Prosecution asked the court to consolidated the indictments, and to continue Aygün’s trial through the consolidated files.

Bodrum 3rd Criminal Court of First Instance, on May 15, 2020, ruled to consolidate the indictments.

Second hearing of the case was held on July 14, 2017. Aygün did not take part in the hearing. He was represented by his attorney Ayşenaz Gültekin Öncel.

At the hearing, it was stated that the previously-requested report of the inspection to be made on Aygün’s laptop by Cyber Crime Unit of Muğla Police had not yet arrived.

The decision to consolidate the second indictment with the case in hand was announced.

Aygün’s attorney Ayşenaz Gültekin Öncel, requested time to prepare a defence statement against the second indictment. She also stated that Hakan Aygün was to be take part in the next hearing.

Third hearing of the case is set to October 27, 2020.

2. Standing - July 14, 2020


Gazeteci Hakan Aygün duruşmaya katılmadı. Duruşmada, Aygün’ü; avukatı Ayşenaz Gültekin Öncel temsil etti.

Duruşmaya avukat dışında hiçbir izleyici alınmadı.

Hakim, “koronavirüs” pandemisi karşısında duruşmayı hiçbir izleyicinin izlememesine karar verdi.

Hakim, öncelikle; Aygün’ün, soruşturma aşamasında el konulan dijital materyallerine ilişkin Muğla Emniyet Müdürlüğü tarafından yapılacak incelemenin mahkemeye ulaşmadığını açıkladı.

Hakim; Aygün hakkında ikinci bir iddianamenin hazırlandığını ve kabul edildiğini açıkladı. İkinci iddianamenin de bu dosya ile birleştirildiğine karar verildiğini belirtti.

Aygün’ün avukatı Ayşenaz Gültekin Öncel, öncelikle, dosyadaki eksiklerin tamamlanmasını talep etti.

Yeni iddianamenin incelenmesi ve savunmanın hazırlanması için süre istedi.

Aygün’ün bir sonraki duruşmaya katılacağını söyledi.


Hakim, ilk duruşmada, Muğla Emniyet Müdürlüğü Siber Suçlar Şube Müdürlüğü’ne, Aygün’ün el konulan dijital materyali üzerinde yapılacak incelemeye ilişkin yazıya verilecek yanıtın beklenmesine karar verdi.

Mahkeme, hazırlanan ikinci iddianame karşısında yapılacak savunma için süre tanınması talebini kabul etti.

Yargılamanın, 27 Ekim 2020 tarihinde görülecek üçüncü duruşma ile devam etmesine karar verildi.


Duruşma Öncesi

Gazeteci Hakan Aygün’ün yargılamasının üçüncü duruşması Bodrum Adliyesi’ndeki Bodrum 3. Asliye Ceza Mahkemesi’nde görüldü.

Mahkemenin, aynı gün; 33 ayrı duruşmayı tamamlaması gerekiyordu. Bu nedenle, saat 10.25’te başlaması gereken duruşma, iki saat gecikmeli olarak başladı.

Mahkeme Salonu Koşulları

Mahkeme salonunun kapısına asılan uyarı yazılarında; salonun 36 metrekare olduğu, alanda aynı anda kabul edilecek kişi sayısının ise dokuz olduğu belirtilmişti. Bodrum Adliyesi’ndeki her duruşma salonun kapısına, “Koronavirüs” pandemisi karşısında alınan tedbirler kapsamında benzer uyarı yazıları asılmıştı.

Adliyedeki her duruşma salonunun önüne, ayrıca; Hükmün Açıklanmasının Geri Bırakılması kararlarına ilişkin bilgilendirme afişlerinin asıldığı görüldü.

Duruşmayı, Aygün’ün avukatının dışında bir izleyicinin takip etmesine, “koronavirüs” pandemisi nedeniyle izin verilmedi.

Duruşmaya Katılım

Gazeteci Hakan Aygün, duruşmaya katılmadı. Duruşmada, Aygün’ü; avukatı Ayşenaz Gültekin Öncel temsil etti.

Duruşmayı ayırca, Medya ve Hukuk ve Derneği gözlemcisi takip etti.

Gözlemler

İki saat gecikmeli olarak başlayan duruşma, yaklaşık beş dakika sürdü.

Hakan Aygün - “Provoking the Public to Hatred, Hostility or Degrading” and “Publicly Degrades the Religious Values of a Section of the Public” Trial (Indictment)

Hakan Aygün - “Provoking the Public to Hatred, Hostility or Degrading” and “Publicly Degrades the Religious Values of a Section of the Public” Trial 2. Standing (Minutes of the Hearing)

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