Hasan Cemal Sentenced to Jail for His Article, Sentence Postponed

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Journalist Hasan Cemal appeared before a judge at Istanbul Heavy Penal Court No. 22 due to an article published on T24 and for being the 'Editor in Chief on Watch' of closed Özgür Gündem daily newspaper.

In the first of a series of hearings, he faced charges of "propagandizing for a terrorist organization" with his article entitled "Fehman Hussein" dated July 11, 2016 published in T24. Speaking at the hearing Cemal said; "I have been a journalist for 47 years, I am facing this kind of accusation for the first time because of the articles and books I have written so far. I've never defended terrorism; and I have never been an instrument of terrorist propaganda. I always defended peace and democracy. I demand my acquittal".

İlkiz: They would have understood the purpose had they read the article

Cemal's lawyer Fikret İlkiz made his defence as follows:

"My client is being prosecuted on the basis of an indictment prepared by a prosecutor who is a suspect in FETÖ/PDY (Fethullahist Terror Organization/Parallel State Structure) [case]. Just as I do not accept this indictment, I also do not accept this argument. They could have understood the purpose of the article had they read it all from the beginning till the end.

“Given the duty of journalists to inform the public opinion, the interviews held with these persons are important."

Reminding European Court of the Human Rights (ECtHR) judgement on Sürek/Turkey, İlkiz said; “In this judgement an interview was penalised based on ATL 6/2. It was noted in this judgement that freedom of expression regulated in ECHR Article 10 was violated. You will be listening to long sessions on these judgements in other cases as well."

Court statement “We imposed the penalty but why"

Announcing its verdict the court has sentenced Cemal to 1 year and 3 months in prison. The president of the court which has postponed the sentence said; "We have imposed the penalty not because of the person who made that interview but because the person named in the interview was defined as chief of general staff, legitimised, because the days spent there were depicted in a positive context using affirmative concepts."   

In the second hearing Cemal's trial continued on allegations for "making the propaganda of the terror organisation" in the daily when Cemal acted as the Editor in Chief on Watch.    

In his legal opinion on the case the prosecutor demanded a prison sentence of up to 10,5 years on grounds for making the propaganda of the terror organisation based on ATL Article 6/2 and 7. The trial will be continued on March 7. (EA/TK)