Elif Akgül, a former bianet journalist from 2012 to 2018, has been acquitted of charges related to "continuous terror organization propaganda" due to two X (Twitter) posts from 2018 and 2022.
Akgül appeared at the second hearing in İstanbul's 13th Heavy Penal Court, accompanied by her lawyers Emine Özhasar and Muhammed Ünsal. Despite the prosecutor reiterating the call for a sentence, Akgül defended herself by stating that her posts did not constitute a crime and requested acquittal.
Akgül's lawyer, Emine Özhasar, argued that the posts were within Akgül's rights to freedom of expression. "In one post, my client criticized images showing ISIS members and Turkish soldiers greeting each other. In another, she used the term 'guerrilla,' which was also deemed incriminating. My client exercised her right to free speech. Neither post meets the criteria for a crime," Özhasar explained.
BIA Media Monitoring Reports
Lawyer Muhammed Ünsal referenced the European Court of Human Rights (ECtHR) and the Constitutional Court precedents, emphasizing that Akgül was exercising her freedom of expression and press freedom. He also called for her acquittal.
In her final statement, Akgül said, "Living in peace and opposing war is my constitutional right. I ask the court to uphold the constitutional rights of the citizens of the Republic of Turkey."
After a brief recess, the court ruled that Akgül was acquitted, stating that the legal elements of the crime were not present.
Background of the charges
The case against Akgül stemmed from a "virtual patrol report" prepared by the Samsun Provincial Police Department in November 2022. The Samsun Chief Public Prosecutor’s Office forwarded the investigation to the Istanbul Chief Public Prosecutor’s Office due to jurisdictional issues. The prosecutor's office then requested the Istanbul Gendarmerie Command's Cyber Crimes Department to urgently identify Akgül's incriminating posts and any other social media accounts she might have.
As a result, charges were filed against Akgül. Prosecutor Turgut Selvi's indictment cited two specific tweets: one from January 2018 criticizing the Turkish military's relationship with ISIS during the Afrin operation, and another from October 2022 resharing a post by ETHA about two guerrillas allegedly exposed to chemical weapons. Selvi sought a prison sentence of up to 13.5 years for Akgül for "continuous terror organization propaganda."
Akgül's acquittal underscores the ongoing debates in Turkey regarding freedom of expression and the boundaries of journalistic work.
