Court Accepts Indictment Against Journalists over News on Intelligence Officer

The indictment issued against journalists for reporting on the funeral of an intelligence officer killed in Libya demands penalization as per the Article 329/1 of the Turkish Penal Code (TCK) and Article 27 of the National Intelligence Organization (MİT) law.

İstanbul

Court Accepts Indictment Against Journalists over News on Intelligence Officer

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The İstanbul 34th Heavy Penal Court has accepted the indictment filed against eight people, including seven journalists, over the news about the funeral of a National Intelligence Organization (MİT) officer who lost his life in Libya and was laid to rest in Manisa province.

As part of the investigation, Odatv news website Editor-in-Chief Barış Pehlivan, Odatv News Director Barış Terkoğlu, reporter Hülya Kılınç, daily Yeni Yaşam Editor-in-Chief Ferhat Çelik, Yeni Yaşam Managing Editor Aydın Keser and daily Yeniçağ columnist Murat Ağırel are arrested pending trial.

While a warrant has also been issued against daily BirGün columnist Erk Acarer, who is currently abroad, E.E., a Press Unit member from the Republican People's Party (CHP) Akhisar District Municipality in Manisa, is also put on trial as part of the investigation, but s/he is not arrested.

The indictment brought against eight people demands their penalization as per the Article 329/1 of the Turkish Penal Code (TCK) and the Article 27 of the National Intelligence Law (MİT) Law no. 2937.

The Article 329/1 of the TCK stipulates that "[a]ny person who discloses information that, due to its nature, must be kept confidential for reasons relating to the security, or domestic or foreign political interests of the State shall be sentenced to a penalty of imprisonment for five to ten years."

The Article 27 of the MİT law foresees that "those who obtain, procure, steal, fabricate, falsify and destroy documents and information about MİT's duties and operations shall receive four to ten years of imprisonment."

The Article 27 also stipulates that "those who disclose the identities, positions, duties and activities of MİT members and their families in any way and the ones who fabricate or falsify the identities of MİT members or use the fabricated documents shall be sentenced to three to seven years."

According to the Article 27 of the MİT law, if the crime of disclosure has been committed through publication of any kind, the related persons shall receive three to nine years of imprisonment.

What happened?

Odatv news website News Director Barış Terkoğlu and reporter Hülya Kılınç were detained from their homes in İstanbul and Manisa in early morning hours on March 4. Kılınç was taken to İstanbul for the investigation.

Terkoğlu and Kılınç were arrested by the İstanbul 4th Penal Judgeship of Peace in the evening on the same day.

On March 5, the Information and Communication Technologies Authority (BTK) imposed an access block on Odatv.

Summoned to depose as part of the same investigation on March 5, Odatv Editor-in-Chief Barış Pehlivan was also arrested on March 6.

On the same day, daily Yeni Yaşam Editor-in-Chief Ferhat Çelik and Managing Editor Aydın Keser were referred to court for arrest as part of the same investigation. They were released on probation by the court.

Next day, on March 7, daily Yeniçağ columnist Murat Ağırel was also referred to court for his arrest after deposing at the prosecutor's office. He was released on probation by the court.

Upon the objection of the prosecutor's office, Ferhat Çelik, Aydın Keser and Murat Ağırel were arrested on March 8.

On April 24, an indictment was issued against arrested journalists Barış Terkoğlu, Hülya Kılınç, Ferhat Çelik, Aydın Keser and Murat Ağırel as well as journalist Erk Acarer, who is abroad, and E.E., a Press Unit member from the Republican People's Party (CHP) Akhisar Municipality.

As announced by lawyer Celal Ülgen, it was later understood that the court ruled for the continuation of the pre-trial detention of the journalists in the absence of their attorneys. (EKN/SD)