AMED - The Supreme Court of Appeals Chief Public Prosecutor's Office requested that the sentence given to journalist İsmail Çoban for allegedly "propagandizing for a terrorist organization" in the news in the newspaper be reversed, in accordance with the provision in Article 7/2 of the TMK, "thoughts made for news and criticism do not constitute a crime".

 

Two separate indictments have been prepared by the Diyarbakır Chief Public Prosecutor's Office against İsmail Çoban, the Editor-in-Chief of the Azadiya Welat newspaper, alleging that "terrorist propaganda" was made in the news and articles in the issues of February 21, 2014 and May 28, 2014. In line with the indictment accepted by the Diyarbakır 4th High Criminal Court, Çoban was sentenced to 2 years, 4 months and 3 days in prison for allegedly "propagandizing for a terrorist organization" in the issue of the newspaper dated February 21, 2014. Çoban's lawyer, Resul Temur, applied to the Gaziantep Regional Court of Justice due to the evaluation of the evidence, the lack of a justification for the sentence given by which statements, and the stated crime being a prepaid crime. The Court of Appeal, seeing the objection on the spot, overturned the decision.

 

40 THOUSAND TL FINED

 

Diyarbakır 4th High Criminal Court unanimously decided to impose a fine of 20 thousand TL on Çoban, this time for 2 thousand full days, in the case opened due to the issue of the newspaper dated May 28, 2014.

 

It could not be moved to the Court of Cassation, as the road to the Supreme Court was closed at the time of the sentence. The file was moved to the Court of Cassation with the opening of the way to the Supreme Court with the legal regulation. Attorney Temur, after the judgment date, was added to the 7/2 clause of the Law no. 3713 with the 13th article of the Law No. 7188, which entered into force on October 17,  2019. He demanded that the decision be reversed pursuant to the provision "Explaining opinions that do not exceed the limits of reporting or that are made for the purpose of criticism do not constitute a crime".

 

THE FINE DECISION WAS DEMANDED TO BE OVERTURNED

 

The Court of Cassation Public Prosecutor's Office, which submitted its opinion to the 3rd Penal Chamber of the Court of Cassation, which examined the file, requested that the decision of the local court be reversed, pursuant to the provision "Explaining opinions that do not exceed the limits of reporting or that are made for the purpose of criticism do not constitute a crime" added to paragraph 7/2 of Law No. 3713.

 

The review of the file by the 3rd Penal Chamber of the Supreme Court continues.