MEDIA MONITORING DATABASE
Mustafa Kömüş – trial for “insult”
RELATED PERSON OR INSTITUTION
Mustafa Kömüş
CITY
İstanbul
YEAR OF INTERFERENCE
2019
LAST UPDATED
19/11/2022
TYPE OF STATEMENT
Political
MEDIUM
Print Media
Newspaper
THE TITLE OF WHOSE RIGHT IS INTERFERED
Journalist
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Judicial Interference
Criminal Courts
Decision of acquittal
THE LEGAL GROUNDS FOR INTERFERENCE
Turkish Penal Code
Art. 125/1

Birgün newspaper officials chief editor Uğur Koç, editor for education department Mustafa Kömüş, and the grant holder of newspaper İbrahim Aydın have been standing trial for “insulting” Minister of Treasury and Finance of Turkey due to the news piece entitled “Ekşi Sözlük’teki Berat Albayrak – Özge Ulusoy başlığı kaldırıldı” at Istanbul 2nd Criminal Court of First Instance. They are facing up to 2 years and 4 months of imprisonment.

The next hearing where journalists are expected to submit written defenses will be held on 27 February (5 December).

At the hearing held on September 8 at Istanbul 2nd Criminal Court of First Instance, issuing an interim decision at the end of the hearing, the court has declined to wait for the individual application filed with the Constitutional Court to be reviewed and finalized, decided to send the case-file over to the Prosecutor’s Office for the final opinion to be drafted. Trial adjourned until Nov 19, 2020 (8 September).

At the hearing held on November 19, 2020, the prosecutor announced the opinion as to the accusations and demanded the acquittal of the journalists on the grounds that “no sufficient evidence beyond suspicion had been obtained for their conviction.” The court board has ruled that the journalists shall be acquitted (November 19).

At the hearing held on November 18, 2022, the prosecutor’s office presented its final opinion as to the accusations and demanded that Kömüş be penalized. Following the final opinion, his lawyer requested additional time to submit a written statement. The court accepted the request and adjourned the hearing until March 8, 2023 (November 18).