Supreme Court: Penalty Increase for Dündar, Acquittal for Gül
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The 16th Penal Chamber of the Supreme Court of Appeal has reversed the decision which was made by the Istanbul 14th Heavy Penal Court about the journalists Can Dündar and Erdem Gül in relation with the National Intelligence Agency (MİT) trucks news report.
Istanbul 14th Heavy Penal Court board previously issued a decision ruling that the former Editor-In-Chief of Cumhuriyet daily newspaper, Can Dündar and its Ankara Representative, Erdem Gül shall respectively be sentenced to 7 and 5 years in prison on charge of disclosing documents concerning the security of the state (Turkish Penal Code 329/1).
15 to 20 years in prison for Can Dündar
The 16th Penal Chamber of the Supreme Court of Appeal has ruled that in Can Dündar's case, a judgement shall be made on the basis of the Turkish Penal Code Article No. 328, foreseeing a 15 to 20 years of prison sentence for Dündar on the charge of "obtaining confidential information for purposes of espionage."
"Erdem Gül shall be acquitted"
In the evaluation regarding Erdem Gül's relation with this offence, it has been stated, "Since no sufficient, conclusive and convincing evidence has been found to penalize Erdem Gül on charges of personal efforts to obtain confidential information classified as a state secret or his participation in Can Dündar's activities, it shall be ruled that Gül be acquitted of the unprovable offence."
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. |
(HK/SD)