Constitutional Court Rules Journalists Can Dündar, Erdem Gül Exposed to Violation of Right

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Constitutional Court General Assembly has concluded the individual application of Cumhuriyet daily Chief Editor Can Dündar, and its Ankara Representative Erdem Gül imprisoned as of November 26 over Turkish National Intelligence Agency (MİT) truck report.

Constitutional Court has ruled that imprisonment of Gül and Dündar was violation of rights by 12 votes against three.

Journalist Kemal Göktaş wrote on his Twitter account that verdict of the court has been referred to 14th Heavy Penal Court.

Attorneys of Dündar and Gül upon the verdict of the court will apply to 14th Heavy Penal Court. Local court is expected to release the two journalists within the frame of this binding decision. 

Upon reporter of the Constitutional Court delivering the opinion that “freedom of press and expression, right to personal security have been violated, their imprisonment is unlawful” as to Gül and Dündar’s application, Gül and Dündar’s file had been referred to the Constitutional Court General Assembly.

What had happened?

Prosecution was started as to the article published with the headline “Here are the weapons Erdoğan claim to not exist” on May 29 over “Procuring information as to state security”, “Political and military espionage”, “Declaring confidential information”, “Propagandizing terror organization”.  

Chief Public Prosecutor Hadi Salihoğlu had declared the prosecution by press release.

President Recep Tayyip Erdoğan had personally filed a criminal complaint and requested Dündar to be sentenced to one aggravated life imprisonment, one life imprisonment and 42 years in prison for “targeting state interests by using images contrary to facts”. 

Erdoğan on a live broadcast on public channel TRT had said, "I guess the person who made this special news will heavily pay for it".

Dündar and Gül have been imprisoned as of November 26. (EKN/TK)