MIT TRUCKS CASE
Case File of Dündar Separated; Gül and Berberoğlu to Make Defense in Next Hearing
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The lawsuit filed against former Editor-in-Chief of Cumhuriyet newspaper Can Dündar, its Ankara representative Erdem Gül and Republican People's Party (CHP) MP Enis Berberoğlu in relation with the news articles on National Intelligence Agency (MIT) trucks allegedly carrying weapons to Syria continued in İstanbul Courthouse today (February 6).
Journalists Dündar, Gül and Berberoğlu, who have been charged with "aiding a terrorist organization as non-members", had their hearings at the İstanbul 14th Heavy Penal Court. The same court also heard the case brought against Can Dündar on charge of "obtaining and spreading confidential information for purposes of espionage" and the case brought against him upon a criminal complaint due to a video that he posted on Youtube.
While the audience and journalists were not permitted to watch the hearing, Can Dündar, who is currently abroad, and Enis Berberoğlu, who presented an excuse due to his illness, did not attend the hearing.
The file of the case where Can Dündar has been charged with "aiding a terrorist organization as a non-member" has been separated from the case files of Erdem Gül and Enis Berberoğlu.
The file of Dündar in this case has been combined with the file of the case brought against him on charge of "obtaining and spreading confidential information for purposes of espionage." The file of the case related to the Youtube video has also been combined with the same file.
They will make defense in the next hearing
In the case of Erdem Gül and Enis Berberoğlu, the attorneys of Berberoğlu stated that their client has been elected as an MP in the meanwhile and demanded that Berberoğlu be acquitted of the charged offense due to his legislative immunity. The attorneys also requested that the ensuing judicial process be conducted by the Grand National Assembly of Turkey (TBMM).
The court board rejected the requests regarding Enis Berberoğlu. In response, his attorneys requested time to make their defense.
The attorneys of Dündar and Gül also stated that they would make their defense after the requests of Berberoğlu's attorneys are concluded and requested time for their last defense.
The court has given time to Berberoğlu and Gül so that they could present their last statements of defense. The next hearing of the case will be held on May 15, 2019. It is expected that the case filed for "aiding a terrorist organization as non-members" will be concluded on this date.
What happened?Prosecution 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 had been imprisoned as of November 26. Upon their objection against arrest being rejected, they had made an appeal to the Constitutional Court over "violation of freedom of press and speech and the right to security". 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. CLICK - AYM REPORT: ARREST OF GÜL, DÜNDAR UNLAWFUL Constitutional Court General Assembly has ruled journalists Can Dündar and Erdem Gül imprisoned as of November 26 over MİT truck report subjected to violation of right. CLICK - CONSTITUTIONAL COURT RULES JOURNALIST CAN DÜNDAR, ERDEM GÜL EXPOSED TO VIOLATION OF RIGHT On February 26, 2016, 14th Heavy Penal Court has ruled release of Can Dündar and Erdem Gül following the "violation of rights" verdict by the Constitutional Court. CLICK - COURT RULES RELEASE OF CAN DÜNDAR, ERDEM GÜL President Recep Tayyip Erdoğan has commentated on the Constitutional Court's ruling to release the journalists Gül and Dündar as "I don't obey the court decision. I don't respect it either". CLICK - ERDOGAN ON RELEASE OF GÜL AND DÜNDAR: I DON'T OBEY OR RESPECT THE COURT RULING On March 25, the Court has decided to hold the hearings without audience further on. On May 3, a prison sentence of 25 years was demanded for Can Dündar and up to 10 years in prison for Erdem Gül. The case was over on May 16. The journalists were sentenced to 10 years and 10 days in prison for "disclosing confidential information of the state". Acquitted of coup accusations, Gül and Dündar are still on trial on charges of "knowingly and willingly helping an armed organization as a non-member". İstanbul Regional Court of Justice 2nd Penal Chamber reversed the local court’s decision and sent the file to İstanbul 14th Heavy Penal Court. Reviewing the reversed decision, İstanbul Regional Court of Justice Chief Public Prosecutor’s Office annotated the decision. İstnabul 14th Heavy Penal Court reversed the decision of 25 years of imprisonment and returned the file. The 16th Penal Chamber of the Supreme Court of Appeals reversed the ruling of the 14th Heavy Penal Court, stating that Erdem Gül "shall be acquitted of the charged offense that cannot be proven" and Can Dündar "shall be given a higher sentence." |
(HA/SD)