Cevheri Güven and Murat Çapan, chief editor and news editor of the weekly news magazine Nokta, were detained by the police in Istanbul on November 2 and arrested by court the day after for “provoking the people to armed resistance against the government” (Turkish Penal Code TCK 313/1). The offense is punishable by 15 to 20 years jail time if the case makes it to trial with this charge standing and the journalists found guilty.
The court also practiced the Article 100 of the Law of Criminal Procedure for the cause of arrest as it is common with such cases. It is a lengthy article listing the justifications of arrest before trial and allowing arrest for charges such as those against the “national security” and “constitutional order.”
The cover for the November 2 issue of Nokta was first shared on the social media accounts of the magazine on the election night November 1; after it became clear that the Justice and Development Party scored a surprise win and received almost half the vote against expectations. The cover features a daily calendar sheet for November 2, transparent over President Recep Tayyip Erdoğan’s face, and the red line below reads “The beginning of the Turkey civil war.”
According to the documents shared by Nokta, Istanbul Prosecutor Umut Tepe sent an order to the police to detain Çapan and Güven to be questioned about the cover according to Turkish Penal Code 214/1-2 for provoking the people to commit crimes. According to the documents shared by Nokta, the Chief Prosecutor’s Office of Istanbul also applied to the 5th Istanbul Court of Penal Peace and got a confiscation order for the printed copies of the last issue on November 2. Nokta’s website is also blocked from access in Turkey according a November 3 tweet from their account. Reports say the 5th Ankara Court of Penal Peace ordered the block for noktadergisi.net.
The journalists were detained at their offices on Monday and transferred to the 8th Istanbul Court of Penal Peace on Tuesday with a demand of arrest from Tepe. According to court documents shared by Nokta, Güven and Çapan both denied wrongdoing. They said the cover is about the expected chaos atmosphere in post-election Turkey according to the violent statements from both the government and the opposition; adding that it is not possible to provoke the people to start a civil war with a magazine cover. However the court said both suspects are responsible according to the 11th Article of the Press Law and there is strong suspicion of guilt according to the presented content; arresting the journalists as the details are explained above.
This latest incarnation of the 1980’s legendary weekly news magazine Nokta is a publication known to be close to the Fethullah Gülen.Therefore, Nokta is fiercely against the government and received harsh reactions from the government and the judicial system whether it be raided offices, blocked news, confiscated issues and detained journalists in the past months.