Turkey Indictment Project
With an international team of lawyers and judges, PEN Norway has in 2021 studied 10 indictments in the cases of journalists and civil society figures who had been tried in Turkey in the past five years, and written articles about the rule of law and freedom of expression in the country.
Download PEN Norway’s Turkey Indictment Project report 2021 here.
You can download the Turkey Indictment Project report 2020 here, and see all the indictments and articles from 2020 further down. Turkish version here.
How to Get Away with Enforcing the ECtHR Decisions: Nine Procedural Recommendations for Governments Intent on Authoritarianism
By Kasım Akbaş
Published: 21 December 2021
You can read the article here:
“A review of the indictment against journalists Can Dündar and Erdem Gül”
By Tony Fisher
Published: 16 December 2021
You can read the article here:
“Analysis of Turkey’s 4th Judicial Reform Package”
Av Kasım Akbaş
Published: 14 December 2021
You can read the article here:
“Social Media as criminalizing tool”
By Kemal Göktaş
Published: 9 December 2021
You can read the article here:
“Media Under Seige”
Gökçer Tahincioğlu
Published: 2 December 2021
You can read the article here:
“Jin News Agency: “On the path to truth with a woman’s pen””
Şerife Ceren Uysal
Published: 25 November 2021
You can read the article here:
“Women Journalists & the judiciary – the experience of a court reporter”
Canan Coşkun
Published: 18 November 2021
You can read the article here:
“Legal report on the indictment against Cumhuriyet newspaper reporter Canan Coşkun”
By Şerife Ceren Uysal
Published: 11. november 2021
You can read the full report here:
“A Test for Associations in Turkey”
By Seyhan Avşar
Published: 4. november 2021
You can read the full report here:
“Adana Bar Association”
Stella Pizzato and Jaantje Kramer
Published: 28 October 2021
“The flaws in the indictment of the suspects cause serious concern for the guarantees of fairness and transparency of judicial proceedings in Turkey, as protected by the European Convention on Human Rights. We therefore urge the Turkish Ministry of Justice to take our recommendations into consideration, by training public prosecutors about the conditions set out in Article 170 TCPC,” said Stella Pizatto and Jaantje Kramer, who reviewed the indictment.
You can read the full report here:
“Necla Demir”
Hannah Beck and Clarissa Fondi
Published: 21 October 2021
“Not only did the prosecutor fail to provide sufficient evidence to lawfully continue with the proceedings, but he subsequently neglected to link the supposed evidence to his accusations entirely. Failing to properly connect evidence to the criminal charges constitutes yet another infringement of Art 6/2 ECHR, the presumption of innocence,” said Hannah Beck and Clarissa Fondi, who reviewed the indictment.
You can read the full report here:
“Hikmet Kumli Tunç”
Şerife Ceren Uysal
Published: 14 October 2021
At PEN Norway, we are studying journalist and civil society-related cases from the last six years in Turkey by examining the foundation document of the case: the indictment.
Since January 2020, with an international team of judges, lawyers and scholars we have been examining indictments in prominent media and civil society cases, including Cumhuriyet, Büyükada and the Gezi Park trials.
You can read the full report here:
“Veysel Ok”
Jaantje Kramer
Stella Pizzato
Published: 7 Ocotober 2021
«We can see a pattern of oppression of dissent in Turkey»
Veysel Ok is a well-known lawyer from Turkey who focuses on freedom of speech and press freedom. On 11 August 2016, Veysel Ok was indicted and accused of insulting the judiciary of Turkey, as criminalized under Article 301 of the TPC. The indictment is based on a statement that Veysel Ok gave in an interview conducted by the journalist Cihan Acar who worked for the Özgür Düşünce Newspaper. ”Considering the broader context in which the indictment against Veysel Ok was issued, we can see a pattern of oppression of dissent in Turkey that provokes a chilling effect on the right to freedom of expression and causes the deterioration of the rule of law,” Jaantje Kramer and Stella Pizzato, who reviewed his indictment.
“Seyhan Avşar Oğuz”
Heidi Heggdal
Published: 30 September 2021
«Pays no attention to circumstances that were favourable to Avşar.»
Author og journalist Seyhan Avşar Oğuz was indicted with insulting public officers after she published two articles in March 2019. “The prosecution of Avşar is a violation of the public interest in being informed about possible misconduct of public officers. The indictment is not objective, as it pays no attention to circumstances that were favourable to Avşar,” said Heidi Heggdal, who reviewed the indictment.
You can read the full report here:
“Bülent Şık”
Vidar Strømme
Published: 23 September 2021
«An obvious and prima facie interference in freedom of expression and academic freedom.»
In this case, the issuing of the indictment seems to be based on a lack of adherence to fundamental principles.The basis for this assertion, is the fact that the indictment is an obvious and prima facie interference in freedom of expression and academic freedom.
Vidar Strømme has reviewed the indictment. You can read the full report here:
“Demirel and Mavioğlu”
Ezio Menzione
Published: 16 September 2021
«A mere political declaration is not enough to represent a technical accusation.»
The fact that the indictment is generic is a symptom of how it derives from and limits itself to a political declaration. Just as it cannot support a technical defence, a mere political declaration is not enough to represent a technical accusation.
Ezio Menzione has reviewed the indictment. You can read the full report here:
“Özgür Gündem Raid”
Hannah Beck & Clarissa Fondi
Published: 9 September 2021
«It lacks a comprehensible and transparent line of argumentation to link each incident to the applicable articles and subparagraphs.»
What we see in this indictment, is a general recount of events during the raid. It lacks a comprehensible and transparent line of argumentation to link each incident to the applicable articles and subparagraphs, which ultimately deprives the charges of their plausibility.
Hannah Beck and Clarissa Fondi have reviewed the indictment. You can read the full report here:
Trial Report: Özgür Gündem Newspaper Raid
Hearing of beaten journalists resumes. PEN Norway observes the 10th hearing in the case of the police raid upon shuttered Kurdish newspaper
1 July, 2021. Author: Çiçek Tahaoğlu
PEN Norway’s was the only International observer present at the 10th hearing in the case of 22 defendants, 17 of them journalists, arrested in a police raid on the offices of shuttered newspaper Özgür Gündem in 2016. The trial took place at Istanbul’s 5th Court of First Instance. The defendants are charged with ‘insulting a public official’ and ‘obstructing the duties of a public official’.
PEN Norway Turkey Indictment Project Report 2020
PEN Norway launch their final report in the Turkey Indictment Project 2020. With an international team of lawyers and judges, PEN Norway has studied 12 indictments in the cases of journalists and civil society figures who had been tried in Turkey in the past five years.
The indictments were compared by experts to both Turkish procedural code standards and to international standards, as the European Convention on Human Rights and the UN Guidelines for Prosecutors. Not one of the indictments studied was found to meet either domestic or international standards.
You can read the report here:
Reyhan Çapan, Hüseyin Aykol, Emire Eren Keskin
Hannah Beck & Clarissa Fondi
Published: 9 September 2021
«This case and its indictment causes particular concern in regards the Right to Freedom of Expression and Freedom of the Press.»
This analysis is centered around an indictment against Reyhan Çapan, at the time Özgür Gündem’s editor-in-chief, Hüseyin Aykol and Emire Eren Keskin, co-editors-in-chief. All of them were and still are subject to numerous other criminal cases and have been sentenced to multiple years in prison in the past.
Hannah Beck and Clarissa Fondi have reviewed the indictment. You can read the full report here:
Ahmet Altan & others
Şerife Ceren Uysal
Published: 21 January 2021
Şerife Ceren Uysal has examined the 247-page indictment against Ahmet Altan.
For PEN Norway’s Turkey Indictment Project, Şerife Ceren Uysal has examined the indictment against Ahmet Altan & others. Focussing on the case against Ahmet Altan.
Uysal writes:
«In the case under investigation, it is observed that Ahmet Altan has been subjected to a process that has resulted in his conviction for a crime impossible to commit through the acts described in the indictment, with regard to the principle of legality.»
«In other words, the prosecutor carried out an investigation process that had to be carried out in line with a manner that would conversely lead to a successive and continuous violation of all fundamental rights and freedoms.»
Read the full report here:
Point Zero of a Trial
Dr. Kasim Akbaş
Published: 14 January 2021
The matter of indictments, described and analyzed by Dr. Kasim Akbaş.
Dr. Kasim Akbaş summarizes PEN Norway’s Turkey Indictment Project and its findings in this article. Dr. Akbaş also goes through goals of indictments and what role they make in the judiciary process.
Based on the results of the PEN Norway indictment project, we have to reach the conclusion from this study, which defines indictment as the point zero of the proceeding, that the proceedings in Turkey “end before starting.”
Read the full article in English or Turkish here:
This article is a part of PEN Norway’s Turkey Indictment Project. You can see more reports and read about the project here.
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
Osman Kavala and Henri Jak Barkey.
‘The Espionage Case’
Kevin Dent QC
Published: 22 December 2020
«Given the lack of coherent evidence, it is hard to resist the conclusion that the indictment is a piece of political theatre rather than a legal instrument and one designed to perpetuate the detention of Osman Kavala.»
On Friday 18th of December, Osman Kavala appeared on video to the court in Istanbul. The court decided to keep Kavala imprisoned. Read our full report from the hearing.
For PEN Norway’s Turkey Indictment Project, Kevin Dent QC has examined the indictment against Osman Kavala and Henry Jak Barkey. A case also known as ‘The Espionage Case’.
Read the full report here:
Fincancı, Nesin and Önderoğlu
Heidi Heggdal
Published: 17 December 2020
Judge Heidi Heggdal has examined indictments against Şebnem Korur Fincancı, Erol Önderoğlu and Ahmet Nesin.
For PEN Norway’s Turkey Indictment Project, Judge Heidi Heggdal has had a thorough look at indictments against journalists Şebnem Korur Fincancı, Erol Önderoğlu and Ahmet Nesin.
Read the full report here:
Büyükada trial
Clarissa Fondi & Hannah Beck
Published: 27 November 2020
Clarissa Fondi and Hannah Beck have done an examination of the indictment in the Büyükada trial.
The Büyükada trial was set against 11 human rights activists. All defendants, including the two foreign workshop trainers, have been charged with crimes related to being suspected of affiliations with terrorist organisations.
Clarissa Fondi and Hannah Beck from the Vienna-based Ludwig Boltzmann Institute of Human Rights have examined the indictment.
Read the full report here:
‘Need to know’ on the Turkish Justice System
Curious about the specifics of how the Turkish Justice system works? Have a look at these infographics.
For PEN Norway’s Turkey Indictment Project, we present three information sheets on different parts of the Turkish justice system.
On the Council of Judges and Prosecutors:
On the Criminal Justice in Turkish Judiciary System
On the Turkish Bar Associations
Read all the reports and articles from the project here.
Examination of the MIT News Trial
Şerife Ceren Uysal takes a thorough look at the MIT News Case for PEN Norway’s Turkey Indictment Project.
Read the report in English or Turkish here:
This report is a part of PEN Norway’s Turkey Indictment Project. You can see more reports and read about the project here.
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
Is this your world of justice?
«This period is one of the darkest periods in the history of freedom of expression in Turkey and we are actually still living through it», Berna Akkızal writes.
For PEN Norway’s Turkey Indictment Project, Berna Akkızal has written an article describing the situation for freedom of expression in the Turkish legal system.
Read the article in English and Turkish here:
Read all of the published reports from the Turkey Indictment Project here.
Turkey Indictment Project: Cumhuriyet trial
Aska Fujita of BHRC has examined the indictment against the Turkish newspaper Cumhuriyet.
The indictment under examination, indictment no. 2017/1480, charges 19 defendants connected to the Cumhuriyet newspaper in various roles, including the chief editor, journalists, members of the Cumhuriyet Foundation Board of Directors / Executive Board members and accountants, with terrorism offences,
The indictment outlines that each of these defendants have expressed political views in disagreement with or criticising the State. However, it fails to properly set out why this constitutes a crime as opposed to a lawful exercise of the defendants’ right to freedom of expression, writes Aska Fujita of the Bar Human Rights Committee.
Read the evaluation of the indictment in English and Turkish here:
See all indictments and articles from the Turkey Indictment Project here.
Evaluation of ‘Turkey v Deniz Yücel’
For the Turkey Indictment Project, human rights lawyer Şerife Ceren Uysal has examined the indictment against journalist Deniz Yücel.
The report is available in English and Turkish:
This report is a part of PEN Norway’s Turkey Indictment Project. You can see more reports and read about the project here.
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
Legal Practice and Bar Associations – Where to now? By Dr. Kasım Akbaş
The Rule of Law in Turkey: Legal Practice and Bar Associations – Where to now?
For PEN Norway’s Turkey Indictment Project, Dr. Kasım Akbaş has written an article on the Legal Practice and Bar Associations. He asks where to now?
Read the article in English and Turkish here:
Read all of the published reports from the Turkey Indictment Project here.
Evaluation of ‘Turkey v Pelin Ünker’ by Heidi Heggdal
For PEN Norway’s Turkey Indictment Project, Judge Heidi Heggdal has evaluated one of the indictments against journalist Pelin Ünker.
The report is available in English and Turkish:
This report is a part of PEN Norway’s Turkey Indictment Project. You can see more reports and read about the project here.
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
Legal report on Indictment: Turkey v Osman Kavala and others
Written by Kevin Dent QC
Member, Bar Human Rights Committee of England and Wales
For PEN Norway’s Turkey Indictment Project.
Published: 9 October 2020.
Kevin Dent QC from the BHRC has had a thorough look at the indictment against Osman Kavala and others in the Gezi Park trial.
This legal report is drafted by Kevin Dent QC as part of the Turkey Indictment Project, established by PEN Norway, and represents an analysis of the indictment in the case of Turkey v Osman Kavala and others, popularly known as the Gezi Park trial.
Download the reports here:
On 29 September 2020, a new indictment was filed against Osman Kavala. On 8 October 2020, this indictment was accepted by the 36th Heavy Criminal Court in Istanbul. The new indictment is similar to the previous one. We will be paying close attention to the new indictment.
This report is a part of PEN Norway’s Turkey Indictment Project. You can see more reports and read about the project here.
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
Legal Report on Indictment: Turkey v Berzan Güneş
Clarissa Fondi, Hannah Beck
Published: 10 August 2020
Hannah Beck and Clarissa Fondi have looked into the indictment against journalist Berzan Güneş.
This report is a part of PEN Norway’s Turkey Indictment Project. You can see more reports and read about the project here.
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
Rule of Law in Turkey: Judicial Administration
Dr. Orhan Gazi Ertekin
Turkey Indictment Project: Dr. Orhan Gazi Ertekin has analyzed the Turkish Judicial Administration.
This article is part of PEN Norway’s Turkey Indictment Project. Read more about the project and the other reports here.
Download the article in English or Turkish below:
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
Turkey Indictment Project: Turkey v Nedim Türfent examined
Şerife Ceren Uysal
Published: 5 August 2020
Turkey v Nedim Türfent. For the Turkey Indictment Project, human rights lawyer Şerife Ceren Uysal has examined the indictment against journalist Nedim Türfent.
See more about the project here. Download the report in English or Turkish below:
The project is funded by the Norwegian Ministry of Foreign Affairs, Swedish Consulate in Istanbul and the Heinrich Böll Foundation.
30 September: Global launch of Turkey Indictment Project
What is happening to the Turkish Bars Associations? What of the government’s legal reform package? Do recent indictments in leading cases meet international and domestic legal standards?
For text in Turkish, see below.
PEN Norway has been working all year with legal experts to examine the indictment reports in high profile cases against the media and civil society in Turkey.
In two panel events experts will discuss the current crisis in the rule of law with updates from specialists on the ground in Turkey as well as from European institutions.
