Hatice Duman, former owner and news editor of the socialist weekly Atılım (Leap), has been in custody since 2003. She is the longest-serving prisoner jailed for their journalism in Turkey, according to CPJ research. Duman is serving a life sentence on charges including propaganda and being a member of a banned group. In late 2019, Turkey’s Constitutional Court decided her right to a fair trial had been violated and ordered a retrial.
Duman was convicted of being a member of the banned Marxist Leninist Communist Party, or MLKP, producing propaganda, and "attempting to change the constitutional order by force." Other charges against her included seizing weapons and forging an official document in relation to her alleged association with MLKP, according to a list of imprisoned journalists provided by the Turkish Justice Ministry in November 2013 at CPJ’s request.
Duman denied all the charges. CPJ found the charges to be unsubstantiated after viewing the available court documents, including the indictment.
As evidence of the membership and propaganda charges, authorities cited Duman’s attendance at MLKP demonstrations and the testimony of confidential witnesses. Duman’s lawyer, Keleş Öztürk, told CPJ that his client was targeted because Atılım had opposed administration policies.
The weapons and forgery charges were mainly pegged to the testimony of Duman’s husband, who later said police had threatened sexual violence against his family if he didn’t testify against his wife, according to the independent news portal Bianet.
Duman was sentenced to life in prison on all charges on May 4, 2011, according to local press reports. Under Turkish law, a life sentence without parole is about 30 years. On October 15, 2012, the Supreme Court of Appeals approved the life sentence. Duman’s lawyers appealed to Turkey’s Constitutional Court, claiming that the evidence used to convict her was gathered illegally and was not properly investigated, that the statement of a fellow defendant used against her was inadmissible, that a request for legal aid to hire her own lawyer had been refused, that the court that convicted her was not impartial, and that the process had lasted longer than was reasonable, according CPJ’s review of the court documents.
The Constitutional Court in October 2015 ruled in her favor and sent the case back to Istanbul’s 12th Court for Serious Crimes for a retrial, but the lower court on March 11, 2016, denied its order. Under Turkish law, local courts can resist an appeal court’s order for the retrial, according to the People’s Law Office, a free law clinic in Istanbul that represented Duman.
In April 2016, the lawyers reapplied to the Constitutional Court.
Duman’s lawyer, Keleş Öztürk, told CPJ in late 2019 that Duman’s health was fine and she was allowed visits from friends in prison.
Öztürk told CPJ via messaging app in September 2020 that the Constitutional Court of Turkey reviewed their 2016 application on December 6, 2019, and decided that Duman’s right to a fair trial had been violated. The court decided that Duman should be retried, but Istanbul’s 12th Court for Serious Crimes had yet to comply, Öztürk said.
Duman is being held at Bakırköy Prison in Istanbul, according to Öztürk. The lawyer told CPJ via phone in early November 2020 that he had not visited Duman for a while and that he did not have any updates about her health.
CPJ emailed a request for comment on Duman’s case to the Turkish Ministry of Justice in October 2020, but did not receive a reply.