Click to read the article in Turkish
Detained in Edirne province on February 29 while reporting on the refugees heading for Greece and arrested for "propagandizing for a terrorist organization" shortly afterwards, Rûdaw reporter Rawin Sterk had his first hearing at İstanbul 34th Heavy Penal Court today (September 2).
Sterk has been released with an international travel ban.
Arrested in Sincan Prison in Ankara, Sterk attended today's hearing via the Audio and Visual Information System (SEGBİS). His attorneys Özcan Kılıç and Gürsoy Demir were present at court. The hearing was also attended by Reporters Without Borders (RSF) Representative to Turkey Erol Önderoğlu and Journalists' Union of Turkey (TGS) attorneys.
'Indictment is misleading and manipulative'
Presenting his statement of defense, Sterk first briefly talked about how he was detained in Edirne, noting that he was sent there by Rûdaw channel.
Indicating that he had been waiting for the first hearing and preparing his defense for the last six months when he was arrested, Sterk said that all his preparation came to nothing when he saw the indictment.
Sterks said that the indictment brought against him was misleading, manipulative and aiming to create a certain impression. Adding that there were also errors of fact in the indictment, Sterk said, "After I saw the indictment, I decided that it would not be right to make a legal defense. But I still want to make a defense to correct the errors of fact in the indictment.
The defense of the journalist briefly read as follows:
"The indictment says that there was a warrant against me before I was detained. However, on the day when refugees rushed to the border, I had already passed four different police checkpoints before arriving in Pazarkule.
"The indictment portrays me as if I had gone to Edirne to flee the country, but I have never had such an aim. There is already nothing that prevents me from going abroad. I do not have an international travel ban.
'Roj TV was closed 10 years ago'
"The indictment says that when the digital materials were examined, it was clearly seen that the flags of the organization were opened. When you look at the photo, all you see is the flags. It is not certain who opens it and where.
"Moreover, it is also not certain who took the picture. The other photos were taken in the name of journalism. As the photos sent from WhatsApp groups are also in my phone, they are portrayed as it was me who took them.
"The indictment alleges that I am working for Roj TV. Roj TV channel was closed 10 years ago. I am the reporter of Rûdaw, which is based in Erbil and supported by the regional government.
"The indictment also mentions a file in Adana province. The file where I am put on trial in İstanbul does not have any difference than the one in Adana where I was tried and acquitted.
"It is alleged that I propagandize for an organization with my social media messages. But the messages in question do not have any element about the organization. If you look at my posts, there is criticism, not propaganda.
"Besides, I would not make an organization member. Why? Because I do not have any respect or patience in the face of any idea concerning hierarchy or leadership. I do not obey anyone. On the other side, the news channel that I work for does not employ anyone from the organization that I am allegedly a member of. Let alone, I would not be in such an entity in the first place.
'I want to live and die in İstanbul'
"I am not fleeing or anything. I have been already standing trial in other cases for 10 years. When I was released from prison in 2013, a Canadian professional organization offered me to move to Canada. I did not accept it, I did not move there. I have been in Europe several times, but I have never thought of living there. I will keep on living in İstanbul.
"I have a job that I enjoy a lot. My two children also live here. I want to live and die in İstanbul. I request my release pending trial."
Prosecutor wanted the continuation of his arrest
Announcing his opinion as to the accusations after Sterk's defense, the prosecutor of the hearing demanded that the file of this case be combined with the KCK Press Case where he was put on trial at the İstanbul 3rd Heavy Penal Court. He also demanded that Sterk remain behind bars considering the nature and quality of the offense charged.
Özcan Kılıç, the attorney of Sterk, also said that the indictment was "legally frivolous" and briefly added the following:
"A two-page indictment has been prepared for the case where he has been arrested pending trial for six months. The name of the organization is emphasized in the indictment, it is said that he shall be penalized on charge of membership. But no justification has been put forward."
Ruling of release
Announcing its ruling after the recess, the court board has ruled that the file of this case shall be combined with the one at the İstanbul 3rd Heavy Penal Court and Sterk shall be released with an international travel ban.
What happened?
After Turkey announced that it would no longer stop refugees from trying to reach Europe, several refugees started heading for borders.
Rûdaw reporter Rawin Sterk and cameraperson Mehmet Şirin Akgün were among the journalists who went to the district of Pazarkule in Edirne province bordering Greece to report on the situation of refugees. Sterk and Akgün were detained during news follow-up on February 29, 2020.
While Akgün was released following his deposition, Rawin Sterk was referred to the capital city of Ankara. He was arrested by the 7th Penal Judgeship of Peace on March 6. While the judgeship rejected the request for arresting him on charge of "membership of a terrorist organization," it ruled that he should be arrested for "terror propaganda."
The Ankara Chief Public Prosecutor's Office sent his file to İstanbul with a decision of rejection of venue later on. On July 30, when Sterk had been behind bars for 5 months, his indictment was issued by the İstanbul Chief Public Prosecutor's Office Terror Crimes Investigation Bureau.
In this indictment, Sterk faced the charges of "propagandizing for a terrorist organization" and membership of an armed terrorist organization."
The two pages of three-page indictment prepared by Prosecutor Edip Şahiner are allocated to the establishment of the Kurdistan Workers Party (PKK) and the Kurdish Communities Union (KCK), their history and how their structure and organization have changed over the years.
The news photos, archive photos and images in their cameras and digital materials that they had with when they were detained were also considered criminal evidence for "propagandizing for the organization." (HA/SD)
