Upper court rejects journalist Can Dündar’s appeal

What happened?

After daily Cumhuriyet, whose the then Editor-in-Chief was Can Dündar, published a news report titled "Here are the weapons Erdoğan said do not exist" on May 29, 2015, an investigation was launched against the journalist on charges of "obtaining information about the security of the state", "political and military espionage", "disclosing information that should have remained confidential" and "propagandizing for a terrorist organization."

Following this news report on the MİT trucks stopped by gendarmerie officers, President Erdoğan threatened Dündar without naming him on a live program on state channel TRT, saying, "I think that this person who reported that special news will pay a heavy price for this. I will not just leave him like this..."

As part of the investigation conducted by the İstanbul Chief Public Prosecutor's Office, former Cumhuriyet Editor-in-Chief Can Dündar and former Ankara Representative Erdem Gül were arrested on November 26, 2015 on charges of "obtaining and disclosing the confidential information of the state for purposes of political or military espionage" and "knowingly and willingly aiding an armed terrorist organization as non-members."

Following the ruling of "right violation" of the Constitutional Court on February 25, 2016, Dündar and Gül were released the day after.

Commenting on this ruling, President Tayyip Erdoğan said, "I do not respect it, I do not abide by the ruling."

Accepting the indictment issued by the Chief Public Prosecutor's Office, the İstanbul 14th Heavy Penal Court ruled that Can Dündar should be sentenced to 5 years, 10 months in prison and Erdem Gül to 5 years in prison on charge of "disclosing the confidential information of the state."

Acquitting Dündar and Gül of "attempting to overthrow the government of the Republic of Turkey or attempting to prevent it from fulfilling its duty partly or fully," the court separated the file on charge of "knowingly and willingly aiding an armed terrorist organization as non-members.

On the day when he had his hearing in İstanbul, Can Dündar was targeted in an armed attack in front of the courthouse in Çağlayan. While Dündar survived the attack without any injuries, NTV reporter Yağız Şenkal was wounded in his leg. Murat Şahin, the assaulter, was sentenced to 10 months in prison and a judicial fine of 4 thousand 500 lira. While the court gave good conduct time to Şahin, it also ruled that "he could not be penalized over an attempted action."

The Court of Cassation reversed the prison sentences of Dündar and Gül on charge of "disclosing confidential information of the state" on March 9, 2018. In the light of this reversal, the trial started again at the İstanbul 14th Heavy Penal Court on April 2, 2019. The court requested a red notice against Dündar.

Upon the request of the İstanbul Chief Public Prosecutor's Office, the court ruled on September 17, 2020 that if Can Dündar, who was abroad at the time, did not appear in court within 15 days, he would be considered a "fugitive" and his entire property should be confiscated.

In a ruling dated October 7, the İstanbul 14th Heavy Penal Court confiscated the property of the journalist and declared him a "fugitive." His attorneys' appeal against this ruling was rejected by the upper court on October 21, 2020.