Turkiye: Nazlı Ilıcak Retried on Terrorism Charges and Sentenced to Over 5 years in Prison
79-year-old journalist convicted for charges related to 2016 coup attempt
Location: Turkiye
Date: February 14, 2024
Women Press Freedom strongly condemns the sentencing of Nazlı Ilıcak, a journalist who has endured relentless legal harassment since the 2016 failed coup attempt. Since her arrest in 2016, Ilıcak has faced numerous criminal trials and spent over three years in pre-trial detention. The evolving accusations, ranging from attempting to undermine constitutional order to "knowingly and willingly aiding the organization without being part of the hierarchical structure of the organization,” indicate a manipulative legal strategy. This systematic persecution through prolonged detention, charge alterations, and repeated trials reveals a troubling pattern of targeting dissenting voices. Despite occasional legal victories, the cycle of persecution persists, emphasizing the government's determination to suppress critical voices. We vehemently denounce Ilıcak's harsh sentencing and demand her request for an appeal is accepted, and she is immediately released from the cycle of legal harassment, allowing her to pursue her work without fear of reprisal.
On February 14, 2024, several journalists and media workers, including Nazlı Ilıcak, were retried on terrorism charges related to their alleged links to the Gülen movement, which the Turkish government accuses of orchestrating the failed coup attempt in 2016. The convictions initially called for severe penalties, including aggravated life sentences, but were overturned twice by the Supreme Court of Appeals, necessitating a retrial.
The defendants, who were arrested immediately after the coup attempt, argued that their journalistic activities were within legal bounds and denied any involvement in the coup. They were convicted of aiding an armed organization without being members of it.
The Istanbul 26th High Criminal Court handed down prison sentences of five years and three months to Nazlı Ilıcak, six years and 18 days to Ahmet Altan, and two years and one month to Fevzi Yazıcı, the former art director of the now-closed Zaman daily. Yakup Şimşek, the brand marketing manager, was acquitted of the charges against him.
Altan's lawyer argued that the charge of aiding an armed organization without membership contradicts the Constitution and requested the trial be paused until the Constitutional Court makes a ruling. The court rejected this request.
Ilıcak spent 1,197 days behind bars after being arrested following the 2016 failed coup. She was released after her conviction was overturned in July 2019. In December 2021, the European Court of Human Rights (ECtHR) found that Nazlı Ilıcak's arrest lacked sufficient justification, infringed upon her freedom of expression, and therefore violated her rights. The Turkish government was required to compensate her € 16,000 for the harm incurred.
During the aftermath of the 2016 coup attempt, the Turkish government purportedly aimed to hold those responsible accountable. This led to a widespread crackdown on dissenting voices. Hundreds of journalists across various media platforms were arrested, detained, and prosecuted, often under anti-terror laws. Many released pending trials faced additional restrictions, such as passport confiscation and internal travel limitations, with their media outlets shuttered by executive order, leaving them without jobs. Over 160 journalists were held in pre-trial detention, and 170 media organizations were immediately closed under state of emergency decrees, with only a fraction reopening later. This resulted in over 3,000 journalists losing their livelihoods due to closures.
Nazlı Ilıcak's history of legal battles speaks volumes about the challenges facing journalists in Turkiye. A prominent figure in Turkish journalism, she has faced repeated prosecution and imprisonment for her critical views. Most recently in December 2023, Ilıcak was sent to prison after her appeal against a contentious conviction was dismissed. The Istanbul 15th Criminal Court of First Instance had originally sentenced the 79-year-old to two years and six months in prison for an article she penned in 2016 on the now-shuttered website Özgür Gündem. On December 4, 2023, Ilıcak turned herself in at Sakarya Prison alongside her lawyer Kemal Ertuğ Derin, intending to be transferred to Hendek Women's Open Penal Institution. However, complications arose due to her probation status related to a previous "espionage" conviction. As a result, she had to remain in a closed prison initially, deviating from the usual procedure for her current conviction. Ilıcak was moved to an open prison on January 5, 2024, and was released on supervised release on January 28, 2024.
Violations against journalists in Turkiye are rampant and deeply concerning. Arbitrary detentions, harassment through lawsuits, and imprisonment for criticizing the state have become distressingly common. The Erdogan government's disdain for press freedom and its control over state media outlets exacerbate this crisis.
Women Press Freedom is appalled by the treatment and sentencing of Nazlı Ilıcak. The veteran columnist has been repeatedly harassed and imprisoned by Turkish authorities for her critical views. Once again, she is unjustly sentenced. We urge the court to accept her appeal and request a review of the proceedings against Ilıcak, to ensure her rights have been respected. In the meantime, her sentencing must be, once again, overturned.
Timeline of Nazlı Ilıcak’s trials related to the 2016 coup attempt
July 30, 2016: Nazlı Ilıcak and 16 other journalists are arrested on charges of "membership in a terrorist organization."
April 14, 2017: The indictment against Ilıcak and others is accepted by Istanbul 26th Heavy Penal Court.
June 19-23, 2017: First trial of Ilıcak and others is held; defendants remain in custody.
September 19, 2017: Second trial is held; Ilıcak denies charges.
November 13, 2017: Third trial; Ilıcak requests release due to advanced age, but no release decision is made.
December 11, 2017: Fourth trial; prosecutor demands aggravated life imprisonment for Ilıcak and others.
February 12-16, 2018: Verdict hearing; Ilıcak and others sentenced to aggravated life imprisonment.
June 27, 2018: Istanbul Regional Court of Justice rules to release Mehmet Altan but others remain in detention.
September 21, 2018: First hearing of appeal process; prosecutor requests aggravated life imprisonment.
October 2, 2018: Second hearing of appeal; defendants make final defenses, but appeals are rejected.
January 8, 2019: Court of Cassation Chief Public Prosecutor's Office requests annulment of sentences. In the notification, it was stated that Ilıcak and the Altan brothers should be tried not for "attempting to abolish the constitutional order" but for "knowingly and willingly aiding the organization without being part of the hierarchical structure of the organization."
July 5, 2019: Yargıtay 16th Criminal Chamber annuls aggravated life imprisonment sentences for Ilıcak and others. The Chamber decided that Nazlı Ilıcak and Ahmet Altan should be tried not for "violating the Constitution" but for "knowingly and willingly aiding the organization without being part of the hierarchical structure of the organization." The Court of Cassation rejected the release requests of Nazlı Ilıcak and the other imprisoned defendants.
April 26-27, 2019: Constitutional Court rejects Ilıcak's application.
October 8, 2019: Retrial begins; detention of Ilıcak and others continues.
November 4, 2019: Second session of retrial, Istanbul 26th Heavy Penal Court sentences Ilıcak to 8 years and 9 months in prison, ruling for her release considering the time she spent in detention. Ilıcak is convicted of "knowingly and willingly aiding the organization without being a member of it." The court also decided to impose a travel ban on Nazlı Ilıcak. Ilıcak, who had been in custody for more than three years, was released from Bakırköy Women's Prison late at night.
January 6, 2020: Istanbul Regional Court of Justice sends the file to the Court of Cassation for review.
April 14, 2021: 16th Criminal Chamber of the Court of Cassation upholds sentences for Altan and Ilıcak.
April 29, 2021: The Prosecutor's Office of the Court of Cassation requests the annulment of the decision dated April 14, 2021, stating that the examination of the main opinion submitted during the retrial was not notified to the defendants and their lawyers within the period specified in the Code of Criminal Procedure (CMK), and thus, the right to defense was restricted.
December 14, 2021: The European Court of Human Rights rules that Nazlı Ilıcak's arrest violated her rights. Turkey ordered to pay 16,000 Euro (approx. 260,000 lira) in damages over her imprisonment.
February 23, 2022: 3rd Criminal Chamber of the Court of Cassation partially accepts the Prosecutor's Office's requests.
December 8, 2022: Court of Cassation General Assembly annuls the decision and sends the file back for retrial.
June 13, 2023: First hearing of retrial held; court decides to continue travel ban for defendants.
October 26, 2023: Second hearing of retrial; court rejects defense's request for an expert report.
February 14, 2024: Nazlı Ilıcak is sentenced to five years and three months in prison on the charge of "knowingly and willingly aiding the organization without being included in the hierarchical structure within the organization.
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