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Judge withdraws complaint: Path to release opened for journalist Barış Pehlivan

The possibility of release has increased for journalist Barış Pehlivan, who has been held at Maltepe Open Prison for 3 months and denied the right to supervised release. Judge Ömer Faruk Aydıner notified the court through his lawyer that he has withdrawn his complaint.

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Journalist Barış Pehlivan had been sentenced to 3 years and 9 months in prison due to a news report he published. 

Pehlivan, who should have been free under supervised release, had that right revoked following a lawsuit filed by Court of Cassation member Ömer Faruk Aydıner over his article titled “A Stomach-Turning Story” published on November 30, 2022. 

AYDINER WITHDREW HIS COMPLAINT

Before the hearing scheduled for Thursday, Ömer Faruk Aydıner notified the court through his lawyer that he has withdrawn his complaint.  

Aydıner wrote the following in his petition:

"The article subject to the complaint pertains to an apartment purchase matter, and the nature of the incident is not related to my official duties. Furthermore, a lawsuit has been filed against the original claimants regarding this matter, and the case is ongoing. Although I had previously filed a complaint, I am now withdrawing it."

STATEMENT FROM HIS LAWYER

Pehlivan's lawyer, Hüseyin Ersöz, stated in a post on his X account that they will request an acquittal at the hearing to be held on Thursday. 

Ersöz's X post is as follows:

"Ömer Faruk Aydıner, the complainant in the case that serves as the justification for journalist Barış Pehlivan's imprisonment, has withdrawn his complaint. Barış Pehlivan is being tried at the Istanbul 2nd Criminal Court of First Instance for 'insulting a public official due to their duty.' This crime is 'not dependent on a complaint'! In other words, the withdrawal of the complaint does not conclude the case. However, we will see on Thursday whether the court will issue a dismissal or an acquittal, even though the complainant himself says Barış Pehlivan's article is 'not related to my duty.' In our opinion, the court's decision should be an acquittal, not a dismissal! Because there is no doubt that the article written by Barış Pehlivan falls within the scope of Freedom of Expression. For this reason, at Thursday's hearing, we will once again emphasize Press Freedom and demand an Acquittal Decision."