Based on Which Legal Provisions Do Journalists Face Trials in Turkey?

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Established by a group of journalists to monitor, document and memorialize the trials of journalists in Turkey, the Press in Arrest initiative has released a detailed report regarding how many journalists in Turkey have faced trials as per which legal provisions in the last two years.

Having analyzed the lawsuits filed against journalists as per various articles of the Turkish Penal Code (TCK), Anti-Terror Law (TMK), the Law on National Intelligence Organization (MİT) and the Capital Market Law, the Press in Arrest report has shown that 344 journalists have been put on trial in at least 144 lawsuits for violating the Article 53 of the TCK.

The Article 53 of the TCK has been followed by the Article 314/2 of the TCK with 152 journalists put on trial in at least 47 lawsuits and the Article 5 of the TMK with 147 journalists put on trial in at least 49 lawsuit.

The database of the Press in Arrest has shown that in the last two years, at least 398 journalists stood or stand trial in 159 cases.

Journalist in Turkey (did) stand trial as per the following legal provisions:

Turkish Penal Code (TCK)

'Offenses Against the Constitutional Order and its Functioning'

TCK 309: "Any person who attempts to abolish, replace or prevent the implementation of, through force and violence, the constitutional order of the Republic of Turkey shall be sentenced to aggravated life imprisonment."

• According to the Press in Arrest database; in the last two years, at least 34 journalists stood / stand trial in 3 lawsuits filed as per TCK Article 309...

TCK 311: "Any person who attempts, by use of force and violence, to abolish the Turkish Grand National Assembly or to prevent, in part or in full, the fulfillment of the duties of the Turkish Grand National Assembly, shall be sentenced to aggravated life imprisonment."

• According to the Press in Arrest database; in the last two years, at least 20 journalists stood / stand trial in 2 lawsuits filed as per TCK Article 311...

TCK 312: "Any person attempting, by the use of force and violence, to abolish the government of the Republic of Turkey or to prevent it, in part or in full, from fulfilling its duties, shall be sentenced to aggravated life imprisonment."

• According to the Press in Arrest database; in the last two years, at least 37 journalists stood / stand trial in 4 lawsuits filed as per TCK Article 312...

TCK 314/1: "Any person who establishes or leads an armed organization shall be sentenced to imprisonment for ten to fifteen years."

• According to the Press in Arrest database; in the last two years, at least 18 journalists stood / stand trial in 9 lawsuits filed as per TCK Article 314/1...

TCK 314/2: "Any person who becomes a member of an armed organization shall be sentenced to imprisonment for five to ten years."

• According to the Press in Arrest database; in the last two years, at least 152 journalists stood / stand trial in 47 lawsuits filed as per TCK Article 314/2...

TCK 220/6: "Any person who commits an offence on behalf of a terror organization, although he is not a member of that organization, shall also be sentenced for the offence of being a member of that organization."

• According to the Press in Arrest database; in the last two years, at least 4 journalists stood / stand trial in 2 lawsuits filed as per TCK Article 220/6...

TCK 220/7: "Any person who aids and abets a terror organization knowingly and willingly, although he does not belong to the structure of that organization, shall also be sentenced for the offence of being a member of that organization."

• According to the Press in Arrest database; in the last two years, at least 26 journalists stood / stand trial in 7 lawsuits filed as per TCK Article 220/7...

'Offenses Against State Confidentiality, and Espionage'

TCK 326: "Any person who, partially or completely, destroys or damages documents relating to the security of the state, or who falsifies, steals or, by deception, removes them or makes use of them outside their assigned place, shall be sentenced to imprisonment of eight to twelve years."

• According to the Press in Arrest database; in the last two years, at least 4 journalists stood / stand trial in one lawsuit filed as per TCK Article 326...

TCK 327: "Any person who secures information to be kept confidential for reasons relating to the security of the state, shall be sentenced to imprisonment of three to eight years."

• According to the Press in Arrest database; in the last two years, at least 6 journalists stood / stand trial in 2 lawsuits filed as per TCK Article 327...

TCK 328: "A person who secures information that must be kept confidential for reasons relating to the security of the state, for the purpose of political or military espionage, shall be sentenced to imprisonment of fifteen to twenty years."

• According to the Press in Arrest database; in the last two years, at least 5 journalists stood / stand trial in 3 lawsuits filed as per TCK Article 328...

TCK 329: "Any person who discloses information that must be kept confidential for reasons relating to the security of the state shall be sentenced to imprisonment of five to ten years."

• According to the Press in Arrest database; in the last two years, at least 6 journalists stood / stand trial in 2 lawsuits filed as per TCK Article 329...

TCK 330: "Any person who, for the purpose of political or military espionage, discloses information that must be kept confidential for reasons relating to the security of the state shall be sentenced to life imprisonment."

• According to the Press in Arrest database; in the last two years, at least 3 journalists stood / stand trial in 2 lawsuits filed as per TCK Article 330...

'Offenses Against the Symbols of State Sovereignty and the Reputation of its Organs'

TCK 299: "(1) Any person who insults the President of the Republic shall be sentenced to imprisonment for one to four years. (2) Where the offence is committed in public, the sentence shall be increased by one sixth."

• According to the Press in Arrest database; in the last two years, at least 17 journalists stood / stand trial in 12 lawsuits filed as per TCK Article 299...

TCK 301: "Denigrating the Turkish Nation, State of the Turkish Republic, the state's institutions and organs."

• According to the Press in Arrest database; in the last two years, at least 12 journalists stood / stand trial in 4 lawsuits filed as per TCK Article 301...

'Offenses Against Dignity'

TCK 125: "(1) Any person who attributes an act, or fact, to a person in a manner that may impugn that person's honor, dignity or prestige, or attacks someone's honor, dignity or prestige by swearing shall be sentenced to imprisonment of three months to two years or a judicial fine. To be culpable for an insult made in the absence of the victim, the act should be committed in the presence of at least three other people.

"(2) Where the act is committed by means of an oral, written or visual medium message, addressing the victim, the penalty stated in the above paragraph shall be imposed.

"(3,a) Where the insult is committed against a public officer due to the performance of his public duty, the penalty to be imposed shall not be less than one year.

"(4) Where the insult is committed in public, the penalty to be imposed shall be increased by one sixth."

• According to the Press in Arrest database; in the last two years, at least 31 journalists stood / stand trial in 14 lawsuits filed as per TCK Article 125 (125/1, 125/2, 125/3a, 125/4)...

'Offenses Against State Security'

TCK 302: "Any person who commits an act to place all, or part, of the territory of the state under the sovereignty of a foreign state or to disrupt the unity of the state or to weaken the independence of the state or to separate part of the territory under the sovereignty of the state from the state administration shall be sentenced to aggravated life imprisonment."

• According to the Press in Arrest database; in the last two years, at least 10 journalists stood / stand trial in 3 lawsuits filed as per TCK Article 302...

'Calumny'

TCK 267/1: "(1) Any person who accuses another person of committing an act contrary to law in order to secure the implementation of an administrative sanction or the commencement of an investigation and prosecution by submitting a complaint or notification to the authorities or through the media, knowing that the other person did not commit such act, shall be sentenced to imprisonment for one to four years."

• According to the Press in Arrest database; in the last two years, at least 5 journalists stood / stand trial in 4 lawsuits filed as per TCK Article 267/1...

'Security Measures'

TCK 53: "An individual convicted of a crime may be deprived of certain rights such as voting and being elected, becoming an administrator in foundations, associations and trade unions, and adopting children."

• According to the Press in Arrest database; in the last two years, at least 344 journalists stood / stand trial in 144 lawsuits filed as per TCK Article 53...

'Aggregation of Offenses'

TCK 43: Successive offenses

• According to the Press in Arrest database; in the last two years, at least 58 journalists stood / stand trial in 42 lawsuits filed as per TCK Article 43...

Actions for Damages

• According to the Press in Arrest database; in the last two years, at least 11 journalists stand trial in 9 actions for damages...

Violation of the Capital Market Law

• According to the Press in Arrest database; in the last two years, 6 journalists stand trial in one lawsuit filed for allegedly violating the Capital Market Law...

Violation of the National Intelligence Law

• According to the Press in Arrest database; in the last two years, 2 journalists stand trial in one lawsuit filed for allegedly violating the National Intelligence Law...

Furthermore, the prosecutor's office has drafted and sent to the court an indictment against 7 journalists -6 of whom are detained- concerning a news story on the funeral of a National Intelligence Organization (MİT) officer killed in Libya. It is expected that the court will accept the indictment and launch the trial. According to news stories about the indictment, the journalists will stand trial for allegedly "violating the National Intelligence Law".

Anti-Terror-Law (TMK)

TMK 5: "Penalties are aggravated by half in crimes committed with terrorist aims."

• According to the Press in Arrest database; in the last two years, at least 147 journalists stood / stand trial in 49 lawsuits filed as per TMK Article 5...

TMK 6/1: "Persons who announce or publish that a crime will be committed by terrorist organizations against persons, in a way that makes possible that these persons can be identified, whether or not by specifying their names and identities, or those who disclose or publish the identities of state officials that were assigned in fight against terrorism, or those who mark persons as targets in the same manner shall be punished with imprisonment from one to three years."

• According to the Press in Arrest database; in the last two years, at least 16 journalists stood / stand trial in 8 lawsuits filed as per TMK Article 6/1...

TMK 6/2: "Persons who publish or broadcast statements or declarations that attempt to legitimize or praise terror organizations' methods employing coercion, violence or threat, or that promote the use of such methods shall be sentenced to one to three years of imprisonment."

• According to the Press in Arrest database; in the last two years, at least 10 journalists stood / stand trial in 4 lawsuits filed as per TMK Article 6/2...

TMK 7/2: "Persons who spread propaganda that attempts to legitimize or praise terror organizations' methods employing coercion, violence or threat, or that promote the use of such methods shall be sentenced to one to five years of imprisonment. In case this crime is committed via the media, the sentence is aggravated by half. Expressions of thought which do not violate the limits of reporting or criticism cannot be considered as crime."

• According to the Press in Arrest database; in the last two years, at least 89 journalists stood / stand trial in 57 lawsuits filed as per TMK Article 7/2...

(HA/SD)