MEDIA MONITORING DATABASE
Nazan Özcan – Trial over bianet report about ‘lawsuit against journalists’
RELATED PERSON OR INSTITUTION
Nazan Özcan
CITY
İstanbul
YEAR OF INTERFERENCE
2022
LAST UPDATED
25/04/2023
TYPE OF STATEMENT
Political
MEDIUM
Internet
Internet News Portal
THE TITLE OF WHOSE RIGHT IS INTERFERED
Media Outlet
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

An investigation has been launched into bianet’s article titled “Lawsuit against journalists covering allegations of bribery about Erdoğan’s lawyer.” Nazan Özcan, who was the editor-in-chief of bianet at the time, was summoned to the İstanbul Security Directorate for the article in question. She testified on May 25 with bianet’s attorney Meriç Eyüboğlu, at the Security Branch of the Directorate.

“All the issues in the news article are reported as ‘claims’. Therefore, it does not have the nature of ‘insult-libel’ as the complainant claims, it is a journalistic activity,” stated Özcan, adding she does not accept the accusation against her (May 25).

An indictment was issued against bianet’s former Editor-in-Chief Nazan Özcan, who gave her statement as part of the investigation launched against her upon the criminal complaint of President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal. Indicating that the news report constituted the crime of “public insult and libel via the press”, the prosecutor’s office noted that the evidence was concrete and demanded that Nazan Özcan be penalized. Accepting the indictment, the İstanbul 34th Criminal Court of First Instance set the date of the first hearing as December 8, 2022 (August 10). 

Charged with “insult” (as per the Article 125 of the Turkish Penal Code / TCK) and “libel” (as per the Article 267 of the TCK) upon the criminal complaint of President Recep Tayyip Erdoğan’s former lawyer Mustafa Doğan İnal, journalist Nazan Özcan had her first hearing at the İstanbul 34th Criminal Court of First Instance on December 8, 2022. 

Followed by P24, the hearing was attended by Özcan, her lawyer and İnal’s lawyer.

Following the identification, Özcan made her defense and rejected the offenses charged. Özcan’s lawyer Meriç Eyüboğlu indicated that the elements of the offenses of “insult” and “libel” were not constituted and that she would also present the expert opinion prepared by lawyer Levent Pişkin upon the invitation of P24 to the court. İnal’s lawyer requested participation in the trial. Accepting the lawyer’s request, the court board adjourned the trial until March 22, 2023 (December 8).

At the hearing to be held on March 22, Nazan Özcan and her attorney Meriç Eyüboğlu did not attend the hearing, citing excuses. Still, the court requested the prosecutor to examine the file and give his/her opinion. The prosecutor stated that the news report in question did not belong to Özcan and that there were no crime elements found; added that the content of the report did not contain any “insult” or “libel” and requested Özcan’s acquittal (March 22).

İnal’s lawyer Melike Nur Bak spoke in the second hearing and told the court that their complaint was valid and requested that Özcan should be punished for insult and libel. Özcan’s lawyer Meriç Eyüboğlu responded to the opinion as to the accusations and said that she agreed with the request of the prosecutor for acquittal. The court decided on the case file and acquitted Özcan for both accusations of insult and libel. (April 25, 2023)