MEDIA MONITORING DATABASE
Owner of Silvan Mücadele Newspaper Ferhat Parlak – “membership in a terrorist organization”
RELATED PERSON OR INSTITUTION
Ferhat Parlak
CITY
Diyarbakır
YEAR OF INTERFERENCE
2018
LAST UPDATED
18/01/2023
TYPE OF STATEMENT
Political
MEDIUM
Print Media
Newspaper
THE TITLE OF WHOSE RIGHT IS INTERFERED
The Owner (Person) of the Media Outlet
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Judicial Interference
Criminal Courts
Approval of the indictment and initiating the prosecution
THE LEGAL GROUNDS FOR INTERFERENCE
Turkish Penal Code
Art. 314/2

Parlak was arrested on April 14, 2018 with the charges of “membership in a terrorist organization” on the basis of the statements of anonymous witnesses.

First hearing was held on July 8, 2019. Diyarbakır 11th High Criminal Court decided to release Parlak on probation after 15 months of pretrial detention.

The prosecution seeks up to 15 years imprisonment for Parlak. At the second hearing of the trial held on 6 November 2019, the court decided to adjourn the hearing until February 17 in order to hear the secret witnesses.

At the fourth hearing held on February 17, the court decided to write a memo to hear the other secret witnesses and to give up waiting for the witnesses in case the request is not granted, the court adjourned the trial until May 6 (17 February).

The hearing scheduled to be held on May 6, was postponed to September 21 due to measures taken in relation to coronavirus pandemic.

At hearing held on September 21, prosecutor presented the final opinion as to the accusations, demanded journalist Ferhat Parlak to be punished per “membership in a terrorist organization” charges. The court decided not to take secret witness testimonies that have been awaited. The next trial will be held on December 7 (21 September).

At the hearing held on December 7, 2020, the court board had a brief recess for negotiation following the statements of defense and ruled that the lawsuit should be rejected. As for the reasons for the rejection, it was indicated that journalist Ferhat Parlak had been acquitted of “membership in a terrorist organization” in the trial heard by the Diyarbakır 4th High Criminal Court and the ongoing trial was based on the same evidence. The court also lifted the international travel ban and judicial control measures (December 7).

August 16, 2022

The 2nd Penal Chamber of the Diyarbakır Regional Court of Justice reversed the decision of dismissal of trial given for journalist Ferhat Parlak, who was imprisoned for 15 months on the grounds of the evidence in the lawsuit where he faced the charge of “being a member of a terrorist organization” and was acquitted and was put on retrial on the same charge. The reason for the reversal was that the decision of dismissal was “against the law.”

The court concluded that there was a repeating trial and requested an inquiry about the incidents cited in the anonymous witness statements. The first heating of the trial will be held on October 3 (August 16).

At the hearing held on October 3, 2022, the court ruled that a written correspondence should be written to the Diyarbakır Security Directorate so that the anonymous witness named Takvim would be heard and her/his statements would be enquired. The next hearing will be held on January 18, 2023 (October 3).

At the hearing held on January 18, 2023, the prosecutor’s office presented its final opinion as to the accusations and demanded penalization on the offense charged. The next hearing will be held on March 8, 2023 (January 18).