Put on trial for posting a Newroz photo, journalist Melis Alphan acquitted

* Photo: MLSA

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Standing trial for posting a photo that she took during the Newroz celebrations in Turkey's Kurdish-majority southeastern province of Diyarbakır in 2015, journalist Melis Alphan has been acquitted.

The journalist had her hearing at the İstanbul 32nd Heavy Penal Court today (May 21). While Alphan and her attorneys were present in the courtroom, the hearing scheduled for 1.14 p.m. began at 2.45 p.m.

Reiterating the opinion as to the accusations, the prosecutor of the hearing demanded that Melis Alphan be sentenced to up to 7 years, 6 months in prison on the grounds that "the flag representing the terrorist organization" was seen in the related photo and that the journalist thereby committed the crime of "propagandizing for a terrorist organization."

'Elements of the crime not constituted'

Making her defense as to the accusations, Alphan requested her acquittal. Her attorney Ali Deniz Ceylan also demanded his client's acquittal as the material elements of the crime were not constituted.

Referring to the amendments to the Anti-Terror Law (TMK) and to the relevant legal precedents, attorney Ceylan said, "The material elements of the crime were not constituted in the related incident. The client is a journalist, she shared the photo. There is no danger posed after this photo was shared. There is no element of violence or a call for violence."

Taking the floor afterwards, attorney Tolgay Güversin also stated, "The client cannot foresee that she will be put on trial for propagandizing for a terrorist organization because she shared a photo. In that period, the related Newroz hit the headlines of newspapers. The same photos were there. Was a lawsuit filed? No. It should not be filed. Because it is news. What is the crime of my client? We think that the elements of the crime were not constituted. This photo falls within freedom of expression."

Alphan acquitted

Announcing its ruling, the court board has ruled that journalist Melis Alphan shall be acquitted as it has concluded based on the trial and the collected evidence that she did not commit the offense charged and that the elements of the related offense were not constituted. (HA/SD)