2023 Trial Monitoring Report from MLSA: 314 journalists stood trial in one year

The Media and Law Studies Association (MLSA) has published its 2023 Trial Monitoring Report. According to the report, which covers the period between September 1, 2022, and September 1, 2023, the rate of detention pending trial increased by 150 percent compared to the previous period. Almost all of those held in detention pending trial were journalists, including 11 journalists detained in Ankara and 15 in Diyarbakır. 

1,646 PEOPLE STOOD TRIAL

During the period covered by the report, 1,646 people stood trial in 233 cases monitored by MLSA observers in 20 provinces. In the 32 cases that reached a verdict during this period, 116 defendants were sentenced to a total of 217 years, 8 months, and 20 days in prison. Among these, 23 journalists in 17 journalism-related cases received a total of 67 years, 8 months, and 12 days in prison. In 6 cases that were concluded, 12 defendants were fined 75,126 TL, while defendants were acquitted in 59 cases.

Compared to the previous reporting period of MLSA, which covered September 2021 to July 2022, the rate of detention pending trial increased by 150 percent in this period. In the cases where a total of 1,646 defendants stood trial, 655 students (37 percent of defendants), 329 activists (20 percent of defendants), 314 journalists (19 percent of defendants), and 241 politicians (14.6 percent of defendants) were tried.

REPORTING THE NEWS DEEMED A CRIME

During the period covered by the report, 314 journalists stood trial as defendants in a total of 154 cases, which corresponds to 66 percent of the cases. Of these, 133 cases (57 percent) were opened solely due to journalistic activities such as reporting or publishing news. Journalists were detained while covering peaceful protests and were tried alongside activists on charges of “violating the Law on Meetings and Demonstrations No. 2911”; some of the cases against journalists were opened on these grounds. 

In cases where journalists were tried, “terrorism” charges were the most common, accounting for 43 percent. Journalists were tried in 29 cases for “propagandizing for a terrorist organization,” in 15 cases for “membership in a terrorist organization,” and in 10 cases for “targeting public officials involved in the fight against terrorism.”

In these cases, journalists were most frequently sentenced on charges of “membership in a terrorist organization” and “propagandizing for a terrorist organization”; they were sentenced to a total of 28 years and 9 days in prison for “membership in an organization” and a total of 15 years, 6 months, and 28 days for “propaganda.”

NEWS REPORTS AND SOCIAL MEDIA POSTS AS EVIDENCE

According to the report, while journalists were brought to court on serious and comprehensive charges such as “terrorism,” prosecutors presented the journalists' news reports, social media posts, and even phone conversations with colleagues and spouses as “evidence.” Another observation in the report was that the trend of using news reports and social media posts as “evidence” in indictments has become widespread.

Of the 90 different pieces of evidence presented in cases against journalists on charges of “membership in a terrorist organization,” 20 (22 percent) consisted of news reports and 11 (12 percent) consisted of social media posts.

DISINFORMATION LAW AS A NEW TOOL OF PRESSURE

During this reporting period, the “Disinformation Law,” which was passed in October 2022 with the votes of the AKP and MHP, began to be used as a new tool of pressure on freedom of expression and thought. It was determined that at least 26 journalists were investigated, 6 journalists were detained, and at least 4 journalists were arrested under this regulation.

The first journalist to be investigated, arrested, and sentenced under the law was Sinan Aygül, whose defense was undertaken by MLSA. Aygül was sentenced to 10 months in prison. The Constitutional Court rejected the application for the annulment of the law.