The case of journalist Ali Kishmir: the defense spoke, the hearing — December 4

On Northern Cyprus, at the Constitutional Court of the TRNC, a hearing was held on November 27 regarding the case of Ali Kişmir, chairman of the Press Workers’ Union (Basın-Sen). The defense presented its motions. The hearing has been postponed to Thursday, December 4, when the prosecution is expected to speak.

The hearing was chaired by Bertan Yozerdağ, head of the Constitutional Court and the Supreme Court. The prosecution was represented by prosecutor Hasan Boşnak. Kişmir’s interests were defended by the chairman of the Union of Turkish Cypriot Bar Associations, lawyer Hasan Esendağlı, and lawyer Cemre İpchiler.

Esendağlı stated that the case arose from a column published on social media. According to him, the text contains criticism of politicians in Northern Cyprus and does not mention the military, the army, or the Security Forces Command (GKK). He noted that the provisions of the Law on Military Crimes and Punishments are vaguely formulated and disproportionately severe (providing up to 10 years of imprisonment), affect freedom of thought and expression, and wrongly classify the act as a military crime. As justification, decisions of the Constitutional Court of the Republic of Turkey and the European Court of Human Rights (ECHR) were cited.

İpchiler referred to the provisions of the TRNC Constitution and the practice of the ECHR, highlighting contradictions, including Article 26 of the Law on Liability for “Insulting and Degrading Moral Personality,” and stated that freedom of expression and freedom of the press were being affected.

The next hearing is scheduled for December 4.