The Media and Law Studies Association (MLSA) has released its 2024 Justice Monitoring Program Report, detailing its observations of freedom of expression and press freedom cases during the 2023-2024 judicial year. As part of Turkey's most comprehensive court monitoring program, the report, titled "Thought is a Crime, Detention is Punishment", sheds light on the scale of freedom of expression violations and persistent issues with fair trial rights in the judicial system.

Anatomy of freedom of expression cases

Between Sept. 1, 2023, and July 20, 2024, MLSA monitored 281 trials involving 1,856 defendants. The majority of those on trial were activists (46.3%), students (20.25%), and journalists (19.7%), with 860 activists, 376 students, and 366 journalists prosecuted during this period. Politicians, lawyers, academics, and artists were also frequently taken to court for expressing their views.

The report highlights that most freedom of expression cases were initiated over criticism of government officials or participation in social protests. Activists and students were often charged with violating the Law on Meetings and Demonstrations (Law No. 2911) due to their involvement in protests.

Journalists face “terrorism” charges

Journalists were particularly targeted for their news stories and commentary. Among 187 defendants charged with "membership in an armed (terrorist) organization," 64.2% were journalists.

Other common accusations against journalists included “insulting the president” (38.1%) and “insulting a public official” (37.6%). Additionally, Article 217/A of the Turkish Penal Code—known as the “censorship law”—was increasingly used to prosecute journalists for allegedly spreading “misleading information to the public,” often in response to government-critical reporting.

State officials as complainants in numerous cases

The report also underscores the involvement of state officials as complainants. In 107 trials where Turkish President Recep Tayyip Erdoğan, state officials, or police officers were plaintiffs, 230 individuals were tried. Journalists constituted 64% of the defendants in these cases.

Ongoing fair trial issues

Violations of the right to a fair trial were documented in 68.4% of the hearings MLSA observed. Problems included delayed hearings, interruptions during defense statements, denial of the right to speak for defendants, and inadequate courtroom conditions. The presence of police officers in courtrooms was also noted as a concern.

Arrests used as punishment

The report highlights how pretrial detention is used as a punitive measure against journalists. While 30 journalists were in detention as of Sept. 1, 2023, this number decreased to 21 by the end of the period. However, the findings reveal a troubling pattern: many journalists were held in custody for extended periods only to be acquitted later, or they were detained briefly—sometimes for five to ten days—before being released.

The full report can be found here.