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İstanbul 14th Heavy Penal Court sentencing Republican People’s Party (CHP) MP Enis Berberoğlu to 25 years in prison over “espionage” has found the reversing decision of İstanbul Regional Court of Justice 2nd Chamber of Penalty, which is a court of appeal, contrary to law and returned the file.
The court of appeal reversed the decision on October 9, 2017.
In its decision of reverse, the court said, “Since the secret was already revealed, the crime of revealing confidential information for espionage wasn’t constituted. The verdict was rendered without provisions mentioned by the regional court weren’t included”.
İstanbul 14th Heavy Penal Court insisted on its verdict despite the decision of the court of appeal.
Berberoğlu, journalists Can Dündar and Erdem Gül were first sentenced to lifetime imprisonment on June 14, 2017 on charge of “espionage” and then the penalty was reduced to 25 years in prison.
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". (HK/TK)
