* Photo: Anadolu Agency (AA)
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Sentenced to prison in the trial over their news and articles regarding the funeral of a National Intelligence Organization (MİT) officer who died in Libya, journalist Barış Pehlivan and columnist Murat Ağırel have been sent to prison again as their prison sentences have been upheld.
With their prison sentences upheld by the appeals court in the previous weeks, journalist Barış Pehlivan and columnist Murat Ağırel have turned themselves in to the İstanbul Courthouse in Çağlayan.
Posting a picture from the courthouse, Pehlivan has said, "For the third time... Now we are here, now we are not... Goodbye, for now..."
Murat Ağırel has also shared the following message:
"I am to be sent to prison again today because I expressed my condolences to the children of this country who fell martyrs. The ones who caused them to fall martyrs are welcomed with red carpets in my country. Those who have been unable to refute anything I write think that they may silence me with injustice. Don't hush, don't fear, don't get used to it."
'Just because we did journalism'
Standing before the prosecutor's office of execution with their lawyers, Barış Pehlivan and Murat Ağırel gave their ID cards to the officials and waited for the related procedures to be completed.
Speaking to the press in the meanwhile, Pehlivan said:
"It was a case where the perpetrators, rather than the perpetrated act was put on trial. We are going to prison again just because we did journalism. No one should doubt that these dark days will pass. Everyone will see that history will prove us right. We should not serve even a single minute. We should be released immediately, we should not even be sent to jail, as it is stipulated by the Law on Penal Execution".
Ağırel said, "We know the aim of what is done and what is tried to be done. The court case where we are put on trial is just the result, the reasons are different. We will not bow down for this reason."
After the procedures were completed, Pehlivan and Ağırel have been sent to the Silivri Prison at the outskirts of İstanbul.
Hülya Kılınç arrested in Manisa
Journalist Hülya Kılınç, whose prison sentence has also been upheld, has been arrested after being detained from her home in Manisa province and undergoing a medical check at the Manisa City Hospital.
Put on trial at the same court case, Aydın Keser and Ferhat Çelik's sentences have also been upheld by the appeals court.
What happened?
The-then Odatv news website News Director Barış Terkoğlu and reporter Hülya Kılınç were taken into custody from their homes in İstanbul and Manisa in early morning hours on March 4, 2020 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. Ağırel 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.
At the first hearing of the case on June 24, Odatv Editor-in-Chief Barış Pehlivan, Odatv News Director Barış Terkoğlu, reporter Hülya Kılınç, Yeni Yaşam Editor-in-Chief Ferhat Çelik, Yeni Yaşam Managing Editor Aydın Keser, daily Yeniçağ columnist Murat Ağırel stood trial.
The İstanbul 34th Heavy Penal Court ruled that Barış Terkoğlu, Ferhat Çelik and Aydın Keser should be released while Barış Pehlivan, Hülya Kılınç and Murat Ağırel should remain behind bars.
The court announced its ruling on September 9, 2020. It has sentenced Aydın Keser, Ferhat Çelik and Murat Ağırel to 4 years, 8 months, 7 days and Barış Pehlivan and Hülya Kılınç to 3 years, 9 months in prison for violating the Law on National Intelligence Organization (MİT).
Aydın Keser, Barış Pehlivan, Barış Terkoğlu, Eren Ekinci, Hülya Kılınç, Ferhat Çelik ve Murat Ağırel have been acquitted of "disclosing state information" as per Article 329 of the Turkish Penal Code.
Terkoğlu and Ekinci have been acquitted of disclosing information and documents related to intelligence operations as per Article 27/3 of the MİT law. Judicial control measures on Barış Terkoğlu have been lifted.
Considering the time Barış Pehlivan, Hülya Kılınç and Murat Ağırel spent in prison when they were remanded in custody, the court has ruled for their release with an international travel ban. Also, the judicial control measures imposed on Aydın Keser and Ferhat Çelik have been lifted.
The 3rd Penal Chamber of the İstanbul Regional Court of Justice has upheld the verdict handed down by the local court at the final hearing. (HA/SD)