Cases for reporting on Ergenekon

There have been a number of trials arising from reporting on Ergenekon, with journalists accused of "violating the confidentiality of the investigation" into Ergenekon, or violating the judicial process of the Ergenekon trials (attempting to influence a trial). The European Commission said in 2010 that the number of cases was "a cause for concern."

Convictions for reporting include Şamil Tayyar, for his book Operasyon Ergenekon (20 months' imprisonment, suspended for five years); and Ahmet Can Karahasanoğlu, editor-in-chief of Vakit, sentenced to 30 months' imprisonment. Acquittals include the news coordinator of the daily Radikal, Ertuğrul Mavioğlu, and journalist Ahmet Şık, for a book entitled Kırk Katır, Kırk Satır.

The Ministry of Justice announced that by November 2009 court cases had been opened against 15 journalists on the grounds of "violating the confidentiality of the investigation". The Ministry furthermore declared that since 31 July 2009 3,845 investigations had been launched against journalists. 358 trials were pending and 15 cases resulted in convictions. In its 2010 report on progress for the accession of Turkey to the European Union the European Commission stated inter alia: "The high number of cases initiated against journalists who have reported on the Ergenekon case is a cause for concern. They face prosecutions and trials for violating the principle of confidentiality of an ongoing judicial process. This could result in self-censorship." The footnote 17 stated: "4,091 investigations have been initiated against journalists for breaches of the confidentiality of investigations or attempts to influence a fair trial (Articles 285 and 288 of the Turkish Criminal Code), following their reporting on the Ergenekon case."

In December 2009 Şamil Tayyar, author and journalist with the daily Star was sentenced to 20 months' imprisonment for his book Operasyon Ergenekon ("Operation Ergenekon") on the grounds that he had violated the duty to observe secrecy of an investigation and tried to influence a fair trial. Istanbul Penal Court 2 ruled that the defendant might not commit another crime and the announcement of the sentence could be suspended under the condition that the defendant is put under five years of supervision.

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