Önderoğlu, Nesin and Korur-Fincancı Demanded to Be Penalized

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The ninth hearing of the case, where the Reporters Without Borders (RSF) Representative to Turkey and BİA Media Monitoring Reporter Erol Önderoğlu, writer Ahmet Nesin and Human Rights Foundation of Turkey (TİHV) Chair Prof. Dr. Şebnem Korur-Fincancı have been tried, was held at the İstanbul 13th Heavy Penal Court today (February 27).

After Önderoğlu, Nesin and Korur-Fincancı participated in the "Editors-in-Chief on Watch" campaign launched in solidarity with Özgür Gündem newspaper, which was closed by the Statutory Decree no. 675, a lawsuit was filed against them for "propagandizing for a terrorist organization."

Announcing its opinion as to the accusations, the Prosecutor's Office demanded that Korur-Fincancı, Önderoğlu and Nesin be penalized on charges of "propagandizing for a terrorist organization", "inciting to commit crime" and "praising the crime and the criminal."

The court board has granted time to the defendants and their attorneys so that they could prepare their statements of defense as to the accusations. The next hearing of the case will be held on April 15, 2019.

Attorneys objected to opinion as to accusations

Defendants Şebnem Korur-Fincancı and Erol Önderoğlu and their attorneys attended the ninth hearing of the case held today.

The prosecutor announced its opinion as to the accusations and demanded that all defendants be penalized as per the Articles 214/1 and 215/1 of the Turkish Penal Code and the Article 7/2 of the Anti-Terror Law.

In response, attorney Meriç Eyüboğlu argued that the opinion as to the accusations was not clear and stated the following:

"When we asked yesterday, they told us that the opinion as to the accusations had not yet been prepared. But, apparently, it was prepared in one day. Since it was hastily prepared, it contains a series of missing points.

"The titles of the articles are given in the opinion, but it is not clear for what reasons they are accused or demanded to be penalized. It has not been specified what sentence or sentences constitute a crime.

"Is the whole text an element of crime? It has not explained how the crime has been constituted. For that reason, I demand that the opinion as to the accusations be announced in this way."

The presiding judge answered that as the court board, they do not have the right to intervene in the opinion as to the accusations of the prosecutor.

Next hearing to be held on April 15

The court rejected the request of the attorneys Eyüboğlu and Özcan Kılıç for the return of the opinion as to the accusations to the Prosecutor's Office to be reviewed. Granting time to the defendants and their attorneys for their defenses as to the accusations, the court board ruled that the next hearing of the case would be held on April 15.

Among the ones who followed the hearing were Peoples' Democratic Party (HDP) MP Ahmet Şık and Consul of France as well as representatives from RSF Germany and Europe, Citizens' Assembly, Amnesty International, Human Rights Association and Human Rights Foundation of Turkey.

Trials of Özgür Gündem Editors-in-Chief on Watch

The Editors-in-Chief on Watch campaign of Özgür Gündem daily had begun on May 3, 2016 and ended on August 7, 2016. Daily was closed through the Statutory Decree No. 675 issued under the State of Emergency.

Investigations have been launched against 50 of the 56 Editors-in-Chief on Watch who have participated in the campaign. In 11 of these cases, the court has ordered not to prosecute and in 38 cases, a lawsuit has been brought. One case has been dismissed due to expiration of the Statute of Limitation in the investigation

Relying on the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713, the 38 Editors-in-Chief on Watch have stood trial on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations.

Cases in which court ruled no prosecution

İhsan Eliaçık, Sebahat Tuncel, Ahmet Abakay, Eşber Yağmurdereli, Hasip Kaplan, Işın Eliçin, Kemal Can, Mustafa Sönmez, Melda Onur, Uğur Karadaş, Nurcan Baysal.

Editors-in-Chief on Watch, against whom lawsuits were brought

A. Kumru Başer, Ahmet Nesin, Ayşe Batumlu, Ayşe Düzkan, Beyza Üstün,Can Dündar, Celal Başlangıç, Celalettin Can, Cengiz Baysoy, Çilem Küçükkkeleş, Derya Okatan, Dicle Anter, Erol Önderoğlu, Ertuğrul Mavioğlu, Faruk Balıkçı, Faruk Eren, Fehim Işık, Hüseyin Tahmaz, Hakkı Boltan, Hasan Cemal, Hasan Hayri Şanlı, İbrahim Bodur, İhsan Çaralan,Julide Kural, Murat Çelikkan, Murat Uyurkulak, Nadire Mater, Necmiye Alpay, Nevin Erdemir, Öncü Akgül, Ragıp Duran, Said Sefa, Şanar Yurdatapan, Şebnem Korur Fincancı, Tuğrul Eryılmaz, Veysi Altay, Yıldırım Türker.

* Deniz Türkali's case was dismissed due to expiration of the Statute of Limitation in the investigation.

* The cases of Özgür Gündem daily's former editor-in-Chief Hüseyin Aykol, columnists Mehmet Ali Çelebi and Hüseyin Bektaş, who were on duty during the campaign, have been combined with the cases of Düzkan, Duran and Çelebi.

The 38 Editors-in-Chief on Watch have stood trial / are standing on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations under the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713.

Cases brought against 4 writers

Lawsuits were filed against Ömer Ağın and Dilşah Kocakaya due to their articles published on Özgür Gündem daily, while Celal Başlangıç was the Editor-in-Chief on Watch; against İmam Canpolat due to an article published while Cengiz Baysoy was the Editor-in-Chief on Watch, and against İlham Bakır due to an article published while Jülide Kural was the Editor-in-Chief on Watch.

Önderoğlu, Nesin, Korur-Fincancı in 10-days pre-trial detention

* Editors-in-Chief on Watch, Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı were arrested in June 2016 and released after 10 days.

The next hearing of the three writers whose trials continue, will be held on December, 27, 2017.

68,000 TL (15,619 Euros) fine, 188 months and 15 days of prison sentence

Verdict has been rendered in the trials of Şanar Yurdatapan, İbrahim Bodur, Cengiz Baysoy, İmam Canpolat, Çilem Küçükkeleş, Nadire Mater, Yıldırım Türker, Hasan Cemal, Faruk Balıkçı, Dicle Anter, Derya Okatan, Kumru Başer, Ayşe Batumlu, Jülide Kural, İlham Bakır, Murat Uyurkulak, Murat Çelikkan, Beyza Üstün, Nevin Erdemir, Hakkı Boltan, Hasan Hayri Şanlı and Tuğrul Eryılmaz.

4 acquittals

Şanlı, Erdemir, Tahmaz and Boltan have been acquitted.

Prison sentences of Çelikkan (18 months), Canpolat (15 months) not deferred

The court has ruled in 22 cases in total, that the editors-in-chief on watch be sentenced to 68,000 TL (15,619 Euros) fine and 235 months and 15 days in prison. All prison sentences except those of Canpolat and Çelikkan, have been deferred.

Çelikkan entered Kırklareli Prison on August 14, 2017 and was transferred to open prison on October 14, 2017. He was released on October 21, 2017.

Kızılkaya's cases

Özgür Gündem Managing Editor İnan Kızılkaya is defendant in all 38 cases. His case was separated from the others in the trials together with the other Editors-in-Chief on Watch. İstanbul 23rd Heavy Criminal Court is combining Kızılkaya's case with the main trial.

Özgür Gündem main trial

In the main trial, Özgür Gündem Consultant Board members Necmiye Alpay, Aslı Erdoğan, Ragıp Zarakolu, Filiz Koçali, Eren Keskin, Editors-in-Chief Zana Kaya, İnan Kızılkaya, Kemal Sancılı and Bilge Oykut are standing trial.

Sancılı has still been arrested as part of the lawsuit.

(TP/SD)

ÖZGÜR GÜNDEM TRIALS