Turkiye: Police Fined for Violence Against Beyza Kural
Legal saga has been ongoing for nine years
Location: Turkey, IstanbulDate: March 12, 2024
Women Press Freedom welcomes the guilty verdict against the police officers for their violence against reporter Beyza Kural in Istanbul during her coverage of the YÖK protest in 2015. This verdict is a significant step towards acknowledging and addressing the barriers to press freedom in Turkiye. However, the leniency of the fines imposed on the officers — 9,000 Lira ($280) each — highlights the need for more stringent measures to hold law enforcement accountable for their actions against journalists. The punishment does not match the severity of the offense, especially considering the physical and psychological impact on Kural and the broader implications for press freedom. The long overdue legal recognition of the police officers' violation of Kural's rights to work freely and safely is a crucial milestone. Yet, it falls short of a comprehensive accountability measure. The Istanbul Chief Public Prosecutor's Office must now thoroughly investigate the injuries Kural sustained during the incident. It is imperative that any officers found guilty of physically attacking the journalist are adequately penalized, reflecting the seriousness of their actions.
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Former Bianet journalist Beyza Kural's harrowing experience of being violently apprehended by police officers during a protest in 2015 has sparked a prolonged quest for justice.
Kural was covering the demonstration of students at Istanbul University on November 5, 2015, when she was subjected to police violence. Despite showing her press card, the police threatened Beyza, detained her with reverse handcuffs, and dragged her out of the scene. She was later released due to the lack of space in the custody vehicle.
Despite the court’s initial dismissal of Kural’s complaint against police actions, the reporter persisted, leading to intervention by the Constitutional Court in 2021. The court ruled in her favor, citing violations of her fundamental rights to dignity, freedom of expression, and freedom of the press.
Following the Constitutional Court ruling, the case was heard at the Istanbul 35th Criminal Court of First Instance. In December 2022, the officers were found guilty and fined 6,000 lira (approximately $187).
This decision was overturned in an appeal in 2023. The appellate court found procedural errors in the trial court's judgment. Specifically, it said that the fines imposed on the officers should have been higher than what was initially decided, according to the law. The case was sent back to the Istanbul 35th Criminal Court of First Instance for a retrial.
Police Fined in Retrial
On March 12, 2024, the Istanbul 35th Criminal Court of First Instance found three police officers, identified as KA, ND, and Y.Ş., guilty of "violating the freedom of work and work" in connection with their actions against Kural. The court imposed a fine of 9,000 lira (approximately $280) on each officer, to be paid in 10 monthly installments. Additionally, the court postponed the implementation of this sentence.
In the hearing, both Kural and her lawyer emphasized the ongoing nature of Kural's complaint and urged for the punishment of the defendant officers. Kural’s lawyer also reiterated the necessity of taking additional defense statements from the defendants, citing a decision by the Constitutional Court.
In their defense, KA claimed innocence, stating a lack of evidence against them and disassociating themselves from the detention incident. Meanwhile, the lawyers representing ND and Y.Ş. requested the acquittal of their clients. In light of the prosecutor's insistence on punishment for the accused officers, the court handed down the fine.
The court did not rule on the charges of intentional injury and preventing the exercise of freedom of thought and opinion. The Istanbul Chief Public Prosecutor's Office has been referred to investigate these matters further.
Timeline of events and legal proceedings:
November 6, 2015: At the YÖK protest in Beyazıt, Istanbul, police attempt to detain journalist Beyza Kural by handcuffing her behind her back. Other reporters intervene, and Kural is released. Police make threatening remarks during the incident. Complaints made by Kural's lawyer against the police officers are not prosecuted. The courts reject objections, stating that the police did not exceed their authority to use force.
February 18, 2021: Kural's lawyer takes the case to the Constitutional Court. The court rules that the actions violated Kural's rights to dignity, freedom of expression, and freedom of the press. The Constitutional Court decides to conduct a re-investigation and orders payment of 15 thousand liras in non-pecuniary damages to Kural.
April 26, 2021: Following the Constitutional Court decision, Kural files a lawsuit against police officers KA, ND, and Y.Ş. for violation of freedom of work and labor under Turkish Penal Code Articles 117/1 and 119/1-e.
December 1, 2022: Istanbul's 35th Criminal Court of First Instance sentences police officer ND to a judicial fine of 6 thousand TL, postponing the sentence for 10 installments. Officers KA and Y.Ş. also receive the same sentence, but their sentence is not postponed due to a previous conviction.
July 19, 2023: The Istanbul Regional Court of Justice 23rd Criminal Chamber (Appeal) overturns the decision of the first instance court due to procedural grounds. The case is sent back to the Istanbul 35th Criminal Court of First Instance for a retrial.
February 15, 2024: The second hearing takes place with officers KA, ND, and Y.Ş. on trial again. The prosecutor demands prison sentences for the officers, citing their violation of Kural's freedom to work and labor.
March 12, 2024: The Istanbul 35th Criminal Court of First Instance finds three police officers, identified as KA, ND, and Y.Ş., guilty of "violating the freedom of work and work" in connection with their actions against Kural. The court imposed a fine of 9,000 lira (approximately $280) on each officer, to be paid in 10 monthly installments.
This legal battle carries profound implications for press freedom in Turkiye. Holding accountable those who sought to silence a journalist unlawfully sends a resounding message that acts of intimidation or interference with journalistic work will not be tolerated. This case has the potential to deter future instances of harassment or violence against journalists, safeguarding their ability to report freely and without fear of reprisal.
Women Press Freedom stands firmly in solidarity with Beyza Kural, affirming that violence against journalists simply doing their job and unlawfully detaining them is unequivocally unacceptable. We implore the prosecutor to complete its investigation into this nearly decade-long case swiftly and fairly by holding the involved officers accountable for their actions.
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