MEDIA MONITORING DATABASE
Co-editor in chief on Özgür Gündem Hüseyin Aykol – “openly inciting to commit crimes”, “praising an offence and offender”, “propagandizing for a terrorist organization”
RELATED PERSON OR INSTITUTION
Hüseyin Aykol
CITY
İstanbul
YEAR OF INTERFERENCE
2017
LAST UPDATED
15/11/2022
TYPE OF STATEMENT
Political
MEDIUM
Print Media
Newspaper
THE TITLE OF WHOSE RIGHT IS INTERFERED
Editor / Editor-In-Chief
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Judicial Interference
Criminal Courts
Sentence to imprisonment
THE LEGAL GROUNDS FOR INTERFERENCE
Anti-Terror Law
Art. 7/2

The trial where Özgür Gündem co-editor in chief Hüseyin Aykol, journalist Hasan Başak and Reyhan Çapan are being tried is continuing in front of İstanbul 13 Heavy Criminal Court. The public prosecutor requested Aykol and Başak to be punished for openly inciting to commit crimes, praising an offence and offender, propagandizing for a terrorist organization while Reyhan Çapan for openly inciting to commit crimes, praising an offence and offender and successively propagandizing for a terrorist organization due to articles and news published. The court is adjourned until 21 November.

At the hearing held on November 21, the court decided to give additional time to some defendants to prepare their defence. Next trial will be held on 20 February 2020.

At the fourteenth hearing of the case held on February 20, Attorney Özcan Kılıç demanded acquittal for his clients, who emphasized that the articles published in the newspaper were signed and the responsibility belongs to owners of the articles according to the Press Law, and therefore that these three defendants were not responsible. Ruling its interim decision, the court decided to issue arrest warrants for defendants Kemal Yakup and Hasan Başak for their defense statements to be taken and adjourned the trial until 14 May (20 February).

Trial to be held on May 14 was adjourned until 16 June by the 13th High Criminal Court of Istanbul due to the measures taken against the Covid-19 pandemic (14 May).

At the hearing held on June 16, court decided to adjourn the trial until October 1, for the execution of arrest warrants issued against defendants Kemal Yakut and Hasan Başak.

At the hearing held on October 1, 2020, the court board ruled that the execution of the warrants issued against other defendants should be awaited and the next hearing should be held on December 3 (October 1).

Attorneys presented an excuse for the hearing expected to be held on December 3, 2020. The court accepted the excuses and adjourned the hearing until February 24, 2021 (December 3).

At the hearing held on February 24, 2021, the court board ruled that the execution of the warrants issued against defendants Kemal Yakut and Hasan Başak to take their statements and the rectification of the deficiencies in the case file should be awaited. The next hearing will be held on June 22 (February 24).

At the hearing held on June 22, 2021, Özcan Kılıç, the lawyer of Çapan and Aykol, was present. Kılıç stated that the ruling previously given by the court for his clients on the same charge was still being examined by the Court of Cassation and requested that the Court of Cassation ruling be awaited. Pronouncing its interim judgement, the court board ruled that the execution of the warrants against Kemal Yakut and Hasan Başak should be awaited. The next hearing will be held on November 3 (June 22). 

The defendants and their lawyers did not attend the hearing on November 3, 2021. The court board ruled that the execution of the warrants against the journalists should be awaited. The next hearing will be held on February 23, 2022 (November 3).

While the hearing was scheduled for February 23, 2022, the lawyers of Aykol and Çapan did not attend it by offering an excuse. The hearing was held on the file and adjourned until May 10 (February 23).

November 15

At the hearing held on November 15, 2022, the court ruled that the execution of the warrant against the defendants should be awaited. The next hearing will be held on February 16, 2023 (November 15).

The defendants’ (Hüseyin Aykol, Eren Keskin, Reyhan Çapan and Ayşe Batumlu ) retrial began after their sentencing for articles which appeared in the now-defunct Özgür Gündem newspaper was overturned by the 3rd Criminal Chamber of the Court of Cassation on June 6. Hüseyin Aykol, Eren Keskin, Reyhan Çapan and Ayşe Batumlu did not attend the hearing.The court stated that as per the decision to overturn by the Court of Cassation, all cases had been merged at the İstanbul 14th High Criminal Court. The trial was adjourned until 8 October 2024 (June 6).