Three journalists released, three remain in jail in case over reporting intelligence officer's killing

      Journalists demonstrate at İstanbul Courthouse. (Photo: Hikmet Adal/bianet)

Click to read the article in Turkish / Kurdish

The trial of six journalists from three different outlets over a news report on the funeral of a National Intelligence Organization (MİT) officer who was killed in Libya started today (June 24) at İstanbul 34th Heavy Penal Court.

Odatv news site's editor-in-chief Barış Pehlivan, news manager Barış Terkoğlu and reporter Hülya Kılınç, Yeni Yaşam newspaper's editor-in-chief Ferhat Çelik and managing editor Aydın Keser and Yeniçağ newspaper columnist Murat Ağırel were at the courtroom after pre-trial detention for more than three months.

After President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan said in late February that "We have a few martyrs in Libya," photos allegedly showing funerals of the deceased personnel emerged on social media. The journalists have been arrested and charged with espionage after reporting on the photos.

CLICK - 'None of us is free when journalists are behind bars'

Journalist Erk Acarer, who is currently abroad, and E.E., a media official at the main opposition Republican People's Party's (CHP) Akhisar District Municipality in Manisa province, where the funeral took place, are also among the defendants.

Due to coronavirus measures, only six people among the relatives of the defendants were let in the courtroom while many others, including journalists, were left outside.

After the journalists' defense statements, their attorneys requested their release while the prosecutor demanded the continuation of arrests.

The court ordered the release of Terkoğlu, Çelik and Keser on the condition of judicial control while the others will continue to stay behind bars.

The next hearing will be held on September 9.

Before the start of the hearing, photos of Kılınç, Terkoğlu and Pehlivan were taken for the first time after they were sent to prison. (Photo: İsmail Saymaz / Twitter)

Defense statements

Ağırel: For me, the indictment is a document of intention

Murat Ağırel was the first to make a defense statement. He said that the original tweet about the funeral did not belong to him but he sent it after seeing it on elsewhere. Then his account was hacked and the post was deleted, he noted.

Ağırel went on to say that he was first released on the condition of judicial control by İstanbul 8th Penal Court of Peace but then remanded in custody one day later by 5th Penal Court of Peace.

"With these non-existent charges, I have been held alone in a cell in prison for 120 days," the journalist remarked.

"The charges against me are neither based on tangible evidence nor conscientious. The indictment that the prosecution presented to you is a document of intention for me. The MİT officer was reported about on social media before I wrote it.

"I stumbled upon the post of the head of the village [where the funeral was held] on February 19. Name of the fathers, addresses and burial place of our martyrs was stated [in the post]. In the comments section, there was information and photographs about our martyrs.

"But it is alleged in the indictment that I was the first one to share the photograph. But I wasn't."

"There are 11 days between Odatv's report and my post. I only learned about Odatv's report when Barış Terkoğlu was detained.

"There is not a single piece of evidence submitted by the prosecution in this regard. This is all about a false prediction, an intention.

"I hope it was a coincidence that the prosecution's claim was mentioned on social media before we even gave a statement at the prosecutor's office."

Keser: The report was obtained from open sources

Aydın Keser, the managing editor of Yeni Yaşam, rejected the allegations against him and requested his release.

Saying that the report on Yeni Yaşam was obtained from open sources, Keser noted that he has been illegally under confinement for four months.

"My punishment is requested because of the reports that were published on February 24. I don't accept these charges. This report was not made with a specific intention but with compiling numerous news reports. The content of this report was obtained from open sources. It wasn't written in the report that the person who lost his life was a MİT member.

"These charges don't have a legal and material basis. I have been in prison and in confinement for four months. During this time, I could only see my wife once. I had a problem with my heart before the arrest. I had such a problem in the prison as well."

Keser added that the prison director told him that he wouldn't be sent to the hospital due to the pandemic.

Çelik: If the President says, 'We have a few martyrs,' the journalist wonders about it

Speaking after Keser, Yeni Yaşam Editor-in-Chief Ferhat Çelik began his words, saying, "We have forgotten how to speak because we have been in confinement for four months. Sorry if my tongue slips."

"Ninety-five percent of the media is already at the AKP's disposal, five percent is independent and strives to report with their own efforts.

"If the president of a country says, 'There are a few martyrs in Libya,' the journalist wonders about it. One directly thinks of soldiers because it's a martyr abroad. Their relatives share posts on social media, photographs are shared. A journalist searches open sources. After reaching information, if it is sensible, you say, 'This is true.' I don't need to receive orders to do that.

"Two of our reports are subject to allegations. One of them was published in the print newspaper, the other was published on the website. But the prosecutor says Yeni Yaşam newspaper first published it in the print newspaper. The entire report of Odatv is in the indictment. But the content of our reports are not written, there are only the titles. So, what was in the content of the report?

"Yeni Yaşam newspaper compiled what was written on P24 and Yeniçağ newspaper. I'm not targeting them. They have done journalism. Our reports are not included in the indictment, my life story has been included, the accusation was made in vague terms. Our defense against the accusations was also not included.

"We were first released by İstanbul 8th Penal Judgeship of Peace. There were reasons such as the report was published before. Then we learned that an arrest order was given for us. I knew I would be arrested. I stand by my report.

"The MİT law ties the hands of journalism. I can't know in advance who is a member of the MİT and who is not. How can I do espionage with reports I copied and pasted from open sources? If it was information that needed to be classified, why did the prosecutor's office wait for 12 days after the report? Anyone can be a member of the MİT. Should I ask 'Are you a MİT member?' while writing a news report?

"We don't know about the identity information of these people when we are publishing this report. The indictment doesn't tell what is the information that needs to be classified. If it's the presence of the Turkish Armed Forces in Libya, it's not classified information. It is a known thing. Erdoğan himself says MİT is there. We are doing journalism. We are doing a public duty. We don't receive orders.

"We serve four years if it's necessary. But the country is losing. We are in the last places in the press freedom index. It's nor right to make up such a big crime from such a small incident. We have already been acquitted in conscience, we are free. It's up to the court to legally confirm this."

Kılınç: I only did journalism

Odatv reporter Hülya Kılınç said that she faced such an accusation for the first time in her 20-year career of journalism.

"In the report I prepared, I didn't expose the identity, family, and duty of the martyr and other MİT personnel. I used a very attentive and careful style in the report. If I had revelation purposes, I would no doubt prepare a very different report and use very different sentences.

"I repeat; the purpose of the report is that our martyr was buried in Manisa and the official ceremony that our martyr deserved was not held. I didn't do any criminal activity. I had no intent and purpose to commit a crime."

Pehlivan: We learned from Erdoğan that MİT was in Libya

Odatv editor-in-chief Barış Pehlivan recalled his arrest nine years ago, saying that "Fortunately, they didn't upload documents to my computer like the Fethullahists, they directly made crime evidence out of a news report."

He said that they learned the MİT's presence in Libya from Erdoğan and continued:

"Because the martyr was an intelligence official, I wanted to confirm this on public outlets. I searched the internet to see where else his name was mentioned other than in the posts of the mukhtar.

"I want to underline right there; the story Odatv published wasn't about 'We have martyrs in Libya' or 'Those killed in Libya were intelligence officials', it was simply a story on a martyr's funeral. We were not interested whether the person was an intelligence officer or a soldier."

"The primary charge against us is exposing MİT officials. Prosecutors claim that we committed this crime with our report on the martyr's funeral. In response, since the beginning of this investigation, we've been saying that there is absolutely no disclosure in our news reports. There is information that was disclosed long before our reports. Therefore, an offense is out of the question."

Terkoğlu: Some people mobilized prosecutors

Odatv news manager Barış Terkoğlu also recalled the case against the news outlet nine years ago, saying that those who persecuted them at the time turned out to be an illegal organization, referring to the Fethullah Gülen group, a religious cult that was convicted for the 2016 coup attempt.

"The picture is very clear. Some people mobilized the prosecutors in İstanbul, in Ankara and even in the MİT. Whoever that 'some people' are, they plotted against everyone, starting with Odatv.

"I've been reporting for years; criticizing the President, ministers, chiefs of general staff. Is MİT a sacred entity? Is MİT untouchable? Is MİT unquestionable? Can mistakes, faults of MİT not be exposed? God forgive, are MIT members companions of Prophet Mohammed?

"Do you realize what they're trying to accomplish with the help of this trial? If you rule in a way to please those who masterminded this trial, you'd be answering 'yes' to all the questions above.

"In the history of Turkey, there are soldiers who were involved in shady businesses like the September 12 [coup], police officers who were involved in torture. Also, there are MİT members who have exploited but very badly exploited their positions."

(HA/VK)