Message from the Journalists Association of Turkey: 'Bilal Özcan must be released'

The statement included the following views:

“The arrest of our member, magazine journalist Bilal Özcan, under Article 217/A of the Turkish Penal Code, which regulates the 'crime of publicly disseminating misleading information,' due to his comments regarding the death of Ayşegül Eraslan, is a highly concerning development in terms of press and freedom of expression.

What has happened today has once again demonstrated how justified and timely the warnings issued by the Journalists Association of Turkey were during the preparation of the regulation in question. In a statement issued in May 2022, our association assessed that, 'This regulation should not turn into a tool for punishment; concerns that it could be abused should not be ignored.' At this point, the validation of these concerns and the fact that the freedoms of our colleagues have become the subject of this debate is a serious source of concern regarding the principles of a democratic state of law.

We find it useful to recall the statements made to the public during the process of the law's adoption. Mr. Mahir Ünal, in his assessment on October 15, 2022, stated, 'The crime is only constituted if all five criteria are met; the presence of three criteria alone does not constitute a crime.'

In this context, we would like to pose the following questions to the public conscience:

1. Can it be said that Bilal Özcan aimed to create chaos and panic in the public? No.

2. Can it be claimed that he intentionally disseminated false information against the country's security or general health? No.

3. Is there a situation where public peace has been concretely disrupted? No.

Under these conditions, arrest decisions made without a concrete assessment that the material elements of the crime have been met create serious debates regarding the principles of the rule of law. It is unacceptable for Criminal Judgeships of Peace to make such decisions a routine practice.

As emphasized in the Declaration of Rights and Responsibilities of Journalists in Turkey: 'A journalist has the right to follow, investigate, and announce to the public all events that concern the public'.

One of the fundamental pillars of a democratic social order is freedom of the press and expression. Not only welcomed news and opinions, but also those that may be disturbing must be protected within the scope of freedom of expression. Otherwise, the democratic social order will suffer serious harm.

As the Journalists Association of Turkey, we demand an end to such practices that harm democracy and the principle of the rule of law, the re-evaluation and repeal of Article 217/A of the Turkish Penal Code, and the release of all imprisoned journalists, starting with Bilal Özcan.”