The short answer is no. This is one of the clearest prohibitions in Turkish criminal procedure and admits no exception. Article 187/2 CPC: “The content of a closed hearing may not be published by any means of communication.”
When a hearing is closed
The rule is publicity. Article 182/1 CPC: “Hearings shall be open to everyone.” Closure arises in two ways.
| Route | Provision | Content |
|---|---|---|
| By decision | CPC Art. 182/2 | Where public morals or public security absolutely require it, the court may decide that part or all of a hearing be held in closed session |
| By operation of law | CPC Art. 185/1 | Where the defendant has not completed eighteen years of age the hearing is held in closed session; the judgment is also pronounced in closed session |
Article 182/3 leaves a measure of openness: “The reasoned decision on holding the hearing in closed session, and the judgment, shall be pronounced in the public hearing.” The closure decision itself and the final judgment are thus public; the prohibition attaches to the content of the hearing.
The scope of the prohibition
The words “by any means of communication” make the scope as wide as possible:
- Newspapers, magazines and online news sites
- Radio and television
- Social media posts
- Podcasts and video platforms
- Newsletters and mailing lists
The criminal sanction
Article 285/3 of the Criminal Code: “A person who publicly breaches the confidentiality of statements or images made at a hearing that must be held in closed session under the Law, or that has been ordered to be held in closed session, shall be punished in accordance with the first paragraph.” The penalty in the first paragraph is one to three years’ imprisonment or a judicial fine.
The second sentence of that paragraph contains an exception: “However, for this offence to be constituted, publicity need not be established as regards a breach of a confidentiality order taken in relation to the protection of a witness.”
Under Article 285/4, where the offence is committed by a public official abusing the convenience afforded by their office, the sentence is increased by up to one half.
Publication may also be prohibited in a public hearing
Article 187/3 CPC confers a separate power for hearings not held in closed session: “Where the content of a public hearing is such as to affect national security or public morals, or to touch the reputation, honour and rights of persons, or to incite the commission of an offence, the court shall, in order to prevent this and to the extent necessary, prohibit the publication of part or all of the content of the hearing and shall pronounce its decision in the public hearing.”
| Situation | Publication | Basis |
|---|---|---|
| Closed hearing | Prohibited — no decision needed; it arises from the Law | CPC Art. 187/2 |
| Public hearing with a publication ban | Prohibited within the scope of the order | CPC Art. 187/3 |
| Public hearing, no ban | Permitted — the general limits (identity, presumption of innocence) continue | CPC Art. 182/1 |
Who may attend a closed hearing
Article 187/1 CPC: “In a closed hearing the court may permit certain persons to be present. In that event those persons shall be warned not to disclose the matters requiring the hearing to be closed, and this shall be recorded in the minutes.”
Being in the courtroom by permission of the court therefore confers no right to publish the content; on the contrary, the person is expressly warned and the warning is minuted.
The in-court recording ban is covered in the recording guide and child proceedings in the child offender guide.