Objection to Arrest of 12 Journalists Overruled

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Istanbul 3rd Criminal Judgeship of Peace ruling on the objection to the 12 journalists on being arrested soon after their release in the lawsuit brought as a part of the investigation into the "Fethullahist Terrorist Organization" (FETÖ) has decided that the journalist remain further under arrest.

Commenting on the court's decision Prof. Dr. Yaman Akdeniz told bianet that overruling the objection was against the law like the arrest order itself.

Akdeniz said that domestic legal remedies had been exhausted regarding the arrest of 12 defendants as a part of a new investigation soon after their release and that they had applied to the European Court of Human Rights (ECtHR). Akdeniz noted that they would apply to the Constitutional Court and to the ECtHR later regarding the new investigation as well.

What Happened?

On August 30, 2016, İstanbul Chief Public Prosecutor's Office had issued a detention order for 35 people including several academics and journalists as part of the investigation launched into the FETÖ following the coup attempt on July 15. 27 of the 35 detainees were arrested later. The journalists and writers arrested on different days, had been waiting to stand trial for eight days.

The state-run Anadolu News Agency had reported on the detention order for the journalists and writers under "Operation against the media organization of FETÖ".

The suspects of the trial are employers, owners and writers of Millet daily, Cihan News Agency, Zaman daily, Meydan daily, Yeni Hayat daily, Bugün daily and Rota News, Samanyolu News websites.

There are 29 suspects standing trial 26 of whom are arrested. Warrant has been issued to take two suspects forcibly to testify.
Said Sefa faces 22,5 and the other 28 suspects face 15 years in prison each.

The names of those who stood trial are as follows:

Abdullah Kılıç, Ahmet Memiş, Ali Akkuş, Atilla Taş, Bayram Kaya, Bülent Ceyhan, Bünyemin Köseli, Cemal Azmi Kalyoncu, Cihan Acar, Cuma Ulus, Davut Aydın, Emre Soncan, Gökçe Fırat Çulhaoğlu, Habip Güler, Halil İbrahim Balta, Hanım Büşra Erdal, Hüseyin Aydın, Muhammet Sait Kuloğlu, Muhterem Tanık, Murat Aksoy, Mustafa Erkan Acar, Mutlu Çölgeçen, Oğuz Usluer, Said Sefa, Seyid Kılıç, Ufuk Şanlı, Ünal Tanık, Yakup Çetin, Yetkin Yıldız.

Istanbul 25th High Criminal Court in the hearing held on March 31 under the Presidency of İbrahim Loğasdağı ordered that Abdullah Kılıç, Ahmet Memiş, Ali Akkuş, Atilla Taş, Bayram Kaya, Bünyemin Köseli, Cemal Azmi Kalyoncu, Cihan Acar, Cuma Ulus, Gökçe Fırat Çulhaoğlu, Habip Güler, Halil İbrahim Balta, Hanım Büşra Erdal, Hüseyin Aydın, Muhammet Sait Kuloğlu, Murat Aksoy, Mustafa Erkan Acar, Oğuz Usluer, Seyid Kılıç, Yakup Çetin, Yetkin Yıldız be released.

On April 3, 2017 the board of judges of Istanbul 25th High Criminal Court ordering the release of the 21 defendants as well as the prosecutor of the case were suspended by the Supreme Board of Judges and Prosecutors (HSYK)

İstanbul Chief Public Prosecutor's Office launched a new investigation into Atilla Taş, Ali Akkuş, Hüseyin Aydın, Murat Aksoy, Mustafa Erkan Acar, Seyid Kılıç and Yetkin Yıldız suspecting a link to the coup attempt on July 15.

As a part of this new investigation, a detention order was issued for seven people on charge of "attempting to suspend the constitutional order" and "attempting to overthrow the Government of the Republic of Turkey". The reason for the detention order has been declared as "the evidence against the suspects, the nature of the crime and suspicion of an attempt to escape".

As a part of the same investigation, a detention order was also issued for Gökçe Fırat Çulhaoğlu, Yakup Çetin, Bünyamin Köseli, Cihan Acar, Abdullah Kılıç and Oğuz Usluer.

As a result, 12 of the 21 defendants, who had been released, were arrested again as a part of the new investigation. Ali Akkuş was released on probation. (TP/BK/DG)