‘I will not get used to this decaying’

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Standing trial as per the Article 329/1 of the Turkish Penal Code (TCK) and the Article 27 of the Law on State Intelligence Services and National Intelligence Organization due to the news regarding the funeral of a National Intelligence Organization (MİT) officer killed in Libya, arrested Oda TV Editor-in-Chief Barış Pehlivan had his second hearing at the İstanbul 34th Heavy Penal Court. We are publishing his full statement as to the accusations.

CLICK - Journalists on trial for revealing identity of intelligence officer

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Dear Chief Judge, Dear esteemed members of the panel.

Last night, there was Hababam Sinifi (An iconic Turkish comedy, 'Mischievous Class') on television.

How sad...

Rifast Ilgaz, the famous script writer of Hababam'ın, was in the cell next to me, as the marked writer of 'Sınıf' ( a poetry book of 1944 that landed the writer in jail in 1980).

It was morning...

As I left my cell, I heard a sound. "There is no possibility that I would betray this country of mine," it said. Sabahattin Ali must have been practicing his defence. I noticed Nâzım Hikmet and Orhan Kemal from afar. They were heading to the prison's weaving workshop.

I passed by the female ward. Sevgi Soysal was singing in the courtyard after the morning count.
I got into the prison vehicle. A publisher was getting beaten. His name was İlhan Erdost.

People were being killed along the road to the Palace of Justice.

I saw it, Abdi Ipekci was shot in his car.

The torch gets passed from hand to hand, right...

There used to be an 'Unfavourable Infantryman', who never stop chasing the perpetrators of that murder. "I am a follower of Ataturk, so shoot me for that," he used to say. He was Uğur Mumcu.

The vehicle drove through the town. I watched it from its tiny window; a journalist, in love with this country, was laying on the ground. His name was Hrant Dink.

We finally reached the former 7th floor of the Courthouse... Below was like a sports hall. There was a young man just there, with his camera hanging down his neck. He was Metin Göktepe.

We started to walk up the stairs. Trials continued in courtrooms. I heard voices of prosecutors, sounding more confident than themselves. Only that, I've already read what they were talking about years ago in the books by Necip Hablemitoğlu.

In the hall, I then came across Ilhan Selcuk, held by the soldiers. He has written his defence statement in an acrostic pattern to tell about torture.

And now ...

You might be overheating right now; Aziz Nesin is defending The Petition of Intellectuals against putschists in the next courtroom.

Dear Panel of Judges...

Is what I talk about all a dream?

Does the fact that all the names I've uttered here are dead also mean that the reality they were talking about has also been buried?

Surely not!

One day, we will all perish but the letters they've paid the price of will be alive.

Therefore...

As I've come to this court case watching them, should I quit searching for the truth just because it is not favoured?

I realise that there are people who demand that from me.

But, no!

I rather shoulder the truth than getting crushed under it.

That's why, here I start ...

First of all...

There is no breaking information about martyr

I have to summarise the cold truth under five terms:

1- It is said that I committed a crime by publishing a story on a martyr funeral.

We learned that Turkish Armed Forces and Intelligence officials have gone to Libya; we had martyrs in Libya; there were MIT officials among our martyrs; how they have fallen martyrs; identity details/ photographs/ hometowns/ whereabouts of their graves' how long they've served in which positions; identity details of their family members...

Respectively from...

President Erdoğan, Registrar Cemali Merter, dozens of social media accounts, deputy Ümit Özdağ and dozens of news sites and newspapers.

In brief; photos and information about the martyred MIT official have been shared, published and spread long before the Odatv publication. In other words, the story we published bears no breaking information about the martyred MIT official.

We didn't include those information

2- Despite all, we showed extra care and attention to the story in consideration of the martyr's family and the MIT law. Although it was previously reported, we did not include the martyr's surname, surnames and names of the family members or the name of the village where the funeral was held.

We are accused of something we didn't write

3- As the prosecutor's office was also aware of this undeniable fact, it accused us based on a single shot from the funeral. They claimed that MIT officials were visible in the photo, which was later proven not to be shot with a hidden camera, showing the martyr's coffin being lifted. And we, for the first time, learned about the alleged presence of the MIT member in this one photo in the indictment.

In other words, the disclosure came from the prosecutors. The Odatv story identified those in the photo as the registrar, political party reps and citizens. Bottom line, we are accused of something we didn't write or even imply.

4- Besides... Prosecutors, in the indictment they drafted, confirmed the information in the shared posts that did not specify the presence of any MIT members. We can clearly state in light of the presumption of innocence and criteria set by the prosecution that the lack of criminal element in the Odatv's funeral photo is indisputable.

It stands as a proof

5- In the end, here's the simple equation:

Unless Hülya Kılınç or our martyr had been from Manisa, this story wouldn't have been reported. The absence of the other MIT member's funeral story on Odatv stands as a proof. This also stands as the proof of the fact that, unless claimed by the prosecution, we neither had a plan nor held an intention to disclose MIT members. We acted upon journalistic motivation.

What is this escape about?

Dear Chief Judge, esteemed members of the panel...

I explained all of this in detail, in other words the fact that there is no crime, in a way that left no room for suspicion, in the very first hearing.

However...

Despite "the suspicion of solid innocence", you ruled in the opposite direction and ordered continuation of my arrest.

And how...

You have completed the arrest evaluation before the first hearing on June 4. The hearing took place on June 24. There were 20 days in between.

There was an additional justification for arrest that did not exist in the June 4 decision on the continuation of the arrest but in the decision on June 24: the possibility that I would attempt to escape and hide!

Now...

Something should happen within those 20 days ...

I was in Silivri prison during those 20 days. I wonder whether there was a claim about me having attempted a prison break?

Have they spotted any suspicious moves of mine on courtyard cameras, hinting an escape?
You never know...

Or why else would you have set forth an accusation which is completely in contradiction to my character on June 24 while thinking on June 4 that I would not escape or hide?

There must be a 'me' beyond whom I'm aware of...

Dear Panel of Judges...

I have come to this courthouse upon my own will, with my suitcase, knowing I would be arrested.

What is this escape or hiding about!

Am I in jail on witness' behalf?

One of the reasons behind the continuation of my arrest is the witness statement. Let's name it; Cemali Merter's statement.

In other words...

The statement of the village registrar, who disclosed the time and location of the martyr's funeral with the full name of the martyr as well as his father's, with the photo of the martyr on the Internet for the very first time, while also inviting everyone to the funeral.

In other words...

The statement of the person who was the first to commit all the actions that the indictment charged us with and stressed were criminal actions but was listed as a witness...

You know; he got connected here for the first hearing and was heard.

And...

That day, in this courtroom, he once more repeated the name and surname of the martyr, name and surname of his father, name of the village, bit by bit, openly, right in front of the very eyes of the prosecutor.

Please do check, you'd find it on page 64 of SEGBIS transcriptions.

In other words, the witness here committed all that is attributed to us as a 'crime' all over again and left.

And the prosecution could not even say, 'What are you doing?'

And I, after he was heard speaking, looking right into my eye while disclosing once more the identity of the MIT member, identity of his father, current whereabouts of the family, all the information that I've hidden, was sent to my cell based on the "witness account".

Now I'm asking' what is this 'witness account' about?

If what he uttered is crime – as the prosecution claims it is – am I paying the dues of the witness' crime?

Am I serving in jail on his behalf?

If this is not the case, so, if what he uttered does not constitute a crime, I'm definitely in jail for some other reason.

The witness also knows this, therefore speaks in great confidence, but I'm not told about it.

What evidence would I destroy?

Dear Panel of Judges...

In the first hearing, I have presented examples of some stories on television stations, newspapers, news portals in the last couple of years when the MIT law has been in effect.

And I've asked why Turkey's judiciary that would not file an investigation against these news reports would launch an operation against Odatv that has shown incredible care and attention in its story to comply with the MIT law?

I've asked but for what?

"I was sent back to Silivri upon the suspicion that I would "destroy the evidence".

Now... I was assuming that:

I was under arrest because of a news item which was published on Odatv, yet not currently available but kept in the folders of the court case!

I was mistaken!

If it had been so, would they have talked about "evidence to be destroyed"?

They did.

Then...

As I was thinking about this in jail...

I came across with an opening ceremony, which was shown live on televisions for hours, themed in special programs and carried in newspaper headlines.

It was 1,5 months ago.

The new MIT building in Istanbul opened with a ceremony. President Erdoğan this time said the intelligence and operation support MIT provided in Libya was a game changer. The entire media were provided footage and dozens of photos.

Now...

If we are talking about a crime in regard to a single shot that allegedly included images of MIT members at a funeral, which was not held in secret, to which everyone has been invited and freely attended...

I wonder how many MIT members have there been in the images of the opening ceremony for the new MIT building?

If I stand trial with this claim, shouldn't all the managers of these TV stations, newspapers, new portals be tried?

If the possibility of carrying the image of a MIT member in a photo is not a crime, I am definitely in jail for some other reason.

I tend to think sometimes...

Am I one of those mentioned swinging in the phrase that goes like, "You'd swing a few off the rope, then watch whether they'd do it again"?

However, since nobody seems to have learned a lesson or got punished, I must be swinging for some other reason.

Yes, you're right.

And it is claimed that I would destroy the evidence in the mysterious crime, which is not repeated to me!

I will not get used to this decaying

Am I too naïve? Is my quest for truth in vain?

Should I expect justice from a judicial system in which...

A constitutional professor, who is claimed to have mediated for the release of a drug lord, stood free trial...

A judge, who was caught red handed while being bribed, stood free trial...

Prosecutors, who have closed an investigation upon the demands of a criminal organisation, stood free trial...

The plot-case judge who has kept me in jail for nothing then escaped for six months, stood free trial ...

No!

I will not get used to this decaying.

I know that I would be dead for real if I ever did.

Even though injustice reigns, I will never give up searching for justice in the tiniest pocket of this land.

I will ask out of spite, oppose out of spite.

This is not only a promise I made to myself as a human being but also my responsibility to the society as a journalist.

Of course, I'm aware; those who own seats never favour true journalists. They constantly seek applause, praises, flattery. They make those who resist and guard the honour of their pens pay the price.

It's not a problem!

The important thing is the value and impact of what we write in the eyes of society as well as history.

True journalists are in real the closest friends although they get portrayed as 'traitors' to keep a distance with.

In other words, if we talk bitter that's only for the good of the society.

What would a true journalist write?

What I am about to say is a duty for me but a choice for the society...

Please do think for a minute...

Everyone would write about this building being the biggest courthouse in Europe. But it is only the true journalist who would report about what kind of injustices happen in this courthouse.

Everyone would write about lights in this courtroom working with electricity, but it is only the true journalist who would report about a 72 percent increase in electricity prices in two years.

Right now, all of us have dozens of papers in front of us. Everyone would report about trees being the raw material for paper but only true journalists would report about billions of dollars that get flushed overseas in order to meet Turkey's paper demand as well as its background.

Here, all the judges on the panel, Mr. Prosecutor and lawyers have robes on them.

The symbol of independence...

Everyone would write about cotton being the material of the robes.

However, only true journalists would report that almost half of the cotton used in Turkey were imported and that we were becoming dependent each day.

I've made my choice about what to write.

And you, Dear Panel?

My demand is you to be the voice of the truth.

Be the voice of truth

Dear Chief Judge, esteemed Members,

I'm about to wrap up...

And present a summary of all that I've said:

As the reasons for my arrest also confess; the core of this trial is not about the funeral of the MIT martyr.

Unfortunately, the earth from the funeral was forced upon the actual truth. "The secret" is not about the funeral, but those that shed fake tears at the funeral home.

Yet, history also has morality, cannot weigh such grave lies, will vindicate me.

Yes, everyone in this courtroom knows that;

Here, in this trial, it was not a news story, but my entire journalism was to be punished.

Humans fear the unknown.

I do not fear as I know why I stand here as a defendant.

My request from you is that, in your ruling, you be the voice of whatever the truth is - not the fear. (HA/SD)

* Source: TRFreePress