Second indictment against journalists Yıldız and Dükel

* Photo: Odatv

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Facing charges of military espionage over their phone calls with their news source non-commissioned officer Erdal Baran, Odatv Ankara News Director Müyesser Yıldız and TELE1 Ankara Representative İsmail Dükel had their second hearing at the Ankara 26th Heavy Penal Court.

Arrested pending trial for seven months, Bara was in the courtroom in yesterday's hearing (January 6). Previously released on probation, Müyesser Yıldız and İsmail Dükel also attended the hearing.

CLICK - Court releases journalist Müyesser Yıldız

As reported by Canan Coşkun from Diken news website, after the first hearing, The Ministry of National Defense was asked whether Erdal Baran had access to the documents that were in the matter in dispute in this case. In its answer to court, the Ministry has indicated that Baran had access only to the documents in his troop and field of duty.

Afterwards, Presiding Judge Halit Kılıç announced that after the first hearing on November 9, 2020, the Ankara Public Prosecutor's Office issued a new indictment against all defendants on charge of "successively obtaining the documents about the security of the state."

This indictment was merged with the file of the main case on December 14, according to the statement of the presiding judge. The indictment prepared by Deputy Public Prosecutor Veysel Kaçmaz demands 14 years in prison for journalists, in addition to the previous 17.5 years.

'They want to find something to penalize us'

After the statement of the Presiding Judge Kılıç, the defendants were asked their statements of defense as to the new indictment.

Müyesser Yıldız reminded the court board and the audience that they had been detained on charge of "espionage," but "as these allegations were not sound, then, they were accused of 'revealing' information."

Referring to the new indictment, Yıldız said, "They want to penalize us by definitely finding something. I wish that the prosecutor's office, in addition to this effort, issued an indictment by finding the informant and making an inquiry about who wiretapped my phones, considering that the main target was me and my phones were wiretapped."

Yıldız also talked about the charge of "obtaining documents" and underlined that "what was called obtaining was the basis of journalism."

"Journalist first obtain information, then declare it. Let's assume that I obtained the information; I should access this information so that I can write about it and analyze it. Information cannot be considered confidential only because the General Staff calls it as such. It is not hard to know the identity of the commander in Libya," said journalist Yıldız and added:

"They want to penalize me because I laid claim to the Turkish Armed Forces and the law. There are talks of judicial reform. Let's light the signal flare of this reform and hand down a ruling of acquittal."

Journalist İsmail Dükel also made his defense as to the new indictment. Referring to their case file as a "fertile ground," Dükel underlined that the allegations in the two indictments overlapped with each other.

He also reminded the audience that their case was heard amid talks of judicial reform and said, "If judicial reform is numbered in a country and every period starts with hopes for judicial reform, then there is a fault in this system. We are here as a result of this fault. We should fix it. You, as the ones practicing this profession, should do this."

Requests rejected

After the statements of defense, Presiding Judge Kılıç asked the prosecutor of the case about his requests.

The prosecutor demanded that the international travel ban on Yıldız and Dükel remain in force and that the answer from the Ankara Counterterrorism Department be awaited as to the identity of the informant. He also requested that the imprisonment of Erdal Baran continue.

The court has pronounced its interim judgement and ruled that the imprisonment of Baran shall continue and a report shall be taken about his sanity while it has rejected the requests that Hanefi Avcı and journalists be heard as witnesses and an examination be conducted to find out whether Yıldız's phone was wiretapped or not. The next hearing is on February 5.

What happened?

In operations conducted in Ankara on June 8, 2020, TELE 1 Ankara Representative İsmail Dükel, Odatv Ankara News Director Müyesser Yıldız and Sergeant Erdal Baran were taken into custody. While Yıldız and Baran were arrested, İsmail Dükel was released on probation.

Shortly before she was detained, Yıldız had filed a criminal complaint against Interior Minister Süleyman Soylu on charge of "insult and slander."

The indictment filed against journalists Yıldız and Dükel demanded that the journalists be sentenced to 17.5 years in prison on charge of "disclosing information that should have remained confidential for the security or domestic or foreign political benefits of the state."

At the first hearing held on November 9, 2020, Müyesser Yıldız was released with an international travel ban.

CLICK - Court accepts indictment against journalists Yıldız and Dükel

CLICK - Journalists İsmail Dükel and Müyesser Yıldız Taken into Custody

(HA/SD)