MEDIA MONITORING DATABASE
Ömer Oğuz – trial for “propagandizing for a terrorist organization”
RELATED PERSON OR INSTITUTION
Ömer Oğuz
CITY
Hakkari
YEAR OF INTERFERENCE
2022
LAST UPDATED
10/05/2022
TYPE OF STATEMENT
Political
MEDIUM
Internet
Internet News Portal
THE TITLE OF WHOSE RIGHT IS INTERFERED
Chief Editor
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
Anti-Terror Law
Art. 7/2

Erkan Çapraz, the Editor-in-Chief of Yüksekova Haber news portal, and Ömer Oğuz, the Editorial Coordinator of the news portal, were put on trial on charge of “propagandizing for a terrorist organization” on the grounds that they had reported on the panel speeches of Peoples’ Democratic Party (HDP) MPs Sait Dede and Leyle Güven from 2 years before on YouTube.

At the first hearing held on March 29, 2022, Çapraz and Oğuz attended the hearing from the courthouse in Hakkari’s Yüksekova district via the Audio and Visual Information System (SEGBİS). Following the identity check, Oğuz said that the had reported the related news not with the aim of propagandizing for a terrorist organization and rejected the offense charged. “I am a journalist, I made news in line with principles of journalism,” he said and requested his acquittal.

Jindar Uçar, the lawyer of Çapraz and Oğuz, requested that the speech made by Leyla Güven in Kurdish and translated into Turkish by law enforcement officers be translated again by an expert specialized in the field. Lawyer Uçar also indicated that in the trial where Leyla Güven was facing charges over the related speech before the Hakkari 3rd High Criminal Court, the verdict was overturned and the file was merged with that of the trial heard by the Diyarbakır 9th High Criminal Court. Accordingly, the lawyer requested that the result of this trial be awaited. Indicating that the related post should be considered within freedom of expression and press, Uçar requested his clients’ acquittal.

The court ruled that a writ should be written to the Diyarbakır 9th High Criminal Court, requesting the expert’s transcript minutes, indictments, hearing minutes and justified ruling, if any. It also ruled that consent should be requested to merge the file with that of the trial at the Diyarbakır 9th High Criminal Court due to legal and factual connection if it was deemed necessary following the examination to be conducted between the hearings. The next hearing will be held on May 10 (March 29).

At the hearing held on May 10, the court decided to seek consent, for the combining of the case file against journalists Çapraz and Oğuz with the case file at Diyarbakır 9th High Criminal Court, where Leyla Güven is being tried. The next hearing will be held on September 13 (May 10).