Court accepts indictment against journalists Yıldız and Dükel

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The Ankara 26th Heavy Penal Court has accepted the indictment issued against Odatv Ankara News Director Müyesser Yıldız and TELE1 Ankara Representative İsmail Zeki Dükel.

Taken into custody together with İsmail Dükel on military espionage charges, Müyesser Yıldız was arrested in June. While she is still behind bars in Sincan Prison in Ankara, Dükel was released from detention.

The indictment prepared by Veysel Kaçmaz, the Deputy Public Prosecutor responsible for Terror Crimes Investigation Bureau of the Ankara Chief Public Prosecutor's Office, has demanded 6 years, 3 months to 17 years, 6 months in prison for the journalists on charge of "disclosing information that needs to remain confidential for the security or benefits of the state."

The indictment has also demanded prison sentence for Sergeant Erdal Baran. According to the indictment, an investigation of "political and military espionage" was launched against Baran after the tip-off of a person named D.Ö., who said, "Sergeant Erdal Baran on duty in the Hadımköy Post Command is committing a crime against the state. I think he takes out confidential information about operations with a phone."

The indictment has further indicated that following this tip-off, it was decided to wiretap the phone registered in the name of Erdal Baran's wife.

Referring to Erdal Baran, a Sergeant Major on duty in the 1st Tactical Electronic Warfare Brigade of the Land Forces Command, the indictment has said, "As stated in the tip-off, it has been detected that as a result of his contact with the personnel that he was acquainted with, Baran shared some information having the characteristics of a state secret 'that would jeopardize the state's military actions' with journalists."

The indictment has accused him of sharing confidential information about military operations in Syria and Libya with Yıldız and Dükel.

According to the indictment, the phones of Müyesser Yıldız and İsmail Dükel were wiretapped after this detection. The indictment has also noted that the Ministry of National Defense was asked whether the seized digital materials, communication investigation reports (TAPE) and other documents were "confidential information" or not.

The Ministry has answered that the content in question is confidential and coded as "CONFIDENTIAL (1) and CONFIDENTIAL (2)".

While it is indicated that Yıldız and Dükel overstepped the legal boundaries of press freedom by sharing this information with the public, the phone conversations of defendants are also included in the indictment.

What happened?

In operations conducted in Ankara on June 8, 2020, TELE 1 Ankara Representative İsmail Dükel, Odatv Ankara News Director Müyesser Yıldız and Sergeant Erdal Baran were taken into custody.

Sending a message via her attorney while she was still in detention, Müyesser Yıldız said, "The essence and center of this operation is, unfortunately, me. Some people are really afraid that behind the scenes of July 15 [coup attempt in 2016] will be questioned and they are trying to prevent this from happening. That is why they seized my computers without image acquisition again. So, there must be something they fear."

Held in custody for four days, Yıldız, Dükel and Baran were referred to the courthouse for their deposition at the prosecutor's office on June 12.

Interrogated by Deputy Public Prosecutor Veysel Kaçmaz from the Terror Crimes Investigation Bureau, the journalists and the sergeant were referred to the judgeship with a request for their arrest.

While Müyesser Yıldız and Erdal Baran have been arrested, İsmail Dükel has been released on probation.

The judgeship has ruled for the arrest of Yıldız and Baran on the grounds that there was strong suspicion suggesting the committal of the crime "disclosing the information and documents relating to the security of the state" as per the Article 329 of the Turkish Penal Code (TCK) and that there was a flight risk and risk of spoliation of evidence. (HA/SD)