Turkiye: Ayşe Kara’s Acquittal for Membership of Terror Organization Overturned
Journalist is facing retrial in case stemming from 2020
Location: Turkiye, Diyarbakır
Date: January 20, 2024
The Coalition For Women In Journalism and Women Press Freedom is deeply alarmed by the Diyarbakır Regional Court of Justice's decision to overturn the acquittal of journalist Ayşe Kara. The circumstances surrounding Ayşe Kara's retrial are particularly disconcerting. She was initially acquitted in 2021 by the Diyarbakır 5th Heavy Penal Court, with the court recognizing the lack of clear evidence against her. This acquittal was a beacon of hope for press freedom and the rights of journalists in the face of increasing government suppression. However, the recent overturning of this decision based on the grounds of an "incomplete investigation" is a step backward in the fight for journalistic integrity and freedom. The retrial of Ayşe Kara, who has already been cleared of charges related to her professional work, is a gross misuse of the judicial system. It not only wastes valuable judicial resources but also perpetuates an environment of fear and censorship among journalists in Turkiye. We urgently call on the courts to acquit Ayşe Kara, once again, and put an end to the harassment of the press.
On January 20, 2024, the Diyarbakır Regional Court of Justice (Court of Appeals) overturned the initial decision by the Diyarbakır 5th Heavy Penal Court to acquit Ayşe Kara in 2021. The higher court stated that the original acquittal lacked thorough examination, pointing to a new investigation initiated by the Diyarbakır Chief Public Prosecutor's Office in 2022. The appeals court ruled that the local court did not wait for the results of this investigation before reaching its acquittal decision.
The appeals court criticized omissions in the decision-making process, including insufficient consideration of charges, allegations of "terrorist organization membership" or "aiding the organization," and the assessment of Ayşe Kara's involvement in activities related to the organizations. The appeals court has ordered a retrial of the case, directing it back to the Diyarbakır 5th Heavy Penal Court.
Kara's case is emblematic of the broader challenges faced by journalists in Turkiye since the government's severe crackdown on independent media and journalists following an attempted coup in 2016. The widespread and ruthless suppression targeted organizations and outlets associated with the Gülen community and Kurdish media, leading to closures and numerous arrests.
Kara was first arrested on June 27, 2020, as part of a Diyarbakır Chief Public Prosecutor's Office investigation into the pro-Kurdish nonprofit Democratic Society Congress (DTK). She faced terrorism charges for her affiliation with the Free Journalists' Association (ÖGC), which was shut down by Statutory Decrees (KHK) during the State of Emergency in 2016. She was released with a travel ban.
During her second hearing, the prosecutor sought Kara's sentencing for "being affiliated with a terrorist organization" and "spreading propaganda for a terrorist organization." The prosecution presented her affiliations with the DTK, Free Journalists' Association (ÖGC), and Free Women's Congress (KJA) as evidence. Kara's lawyer argued against the prosecutor's biased opinion, defending her professional news coverage and highlighting the lack of evidence regarding DTK involvement. The court ruled in November 2021 that the allegations were unclear, leading to Ayşe Kara's acquittal.
The Diyarbakır Regional Court of Justice's decision to retry Ayşe Kara is deeply troubling and raises serious concerns about press freedom in Turkiye. Her rightful acquittal in 2021 was a victory for persecuted journalists, but the recent retrial order represents a concerning backtrack, utilizing resources to perpetuate harassment against Kara, who was previously cleared of all charges. This ruling poses a significant threat to press freedom and is a blow to all journalists on trial in the country, including those who have been acquitted. The Coalition For Women In Journalism and Women Press Freedom strongly condemns this decision as a setback for journalistic rights. We call on Diyarbakır 5th Heavy Penal Court to rule for Kara’s acquittal once again in this farcical retrial.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help women career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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