Five journalists handed prison sentence over reports on intelligence officer's death in Libya

Click to read the article in Turkish / Kurdish

İstanbul 34th Heavy Penal Court today (September 9) announced its ruling in the second hearing of the case where eight people, including seven journalists, stood trial over news reports that allegedly disclosed the identity of an intelligence officer.

The court has sentenced Aydın Keser, Ferhat Çelik and Murat Ağırel to 4 years, 8 months and 7 days and Barış Pehlivan and Hülya Kılınç to 3 years and 9 months in prison for violating the Law on National Intelligence Organization (MİT).

The time they spent behind bars while they were remanded in custody will be deducted from their sentences.

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 case of Erk Acarer, who is currently abroad, has been separated from the main case.

The following people stoood trial as part of this lawsuit: Odatv Editor-in-Chief Barış Pehlivan, reporter Hülya Kılınç, daily Yeniçağ columnist Murat Ağırel, main opposition CHP's Akhisar Municipality Press Unit worker Eren Ekinci, Odatv News Director Barış Terkoğlu, daily Yeni Yaşam Editor-in-Chief Ferhat Çelik and Managing Editor Aydın Keser, and Erk Acarer.

Solidarity before the hearing

Gathering in front of the courthouse before the hearing, journalists, representatives of journalism organizations and lawmakers demanded justice for the journalists on trial.

After the demonstration, they went to the courtroom where the hearing would be held. Only a limited number of people arrived in the courtroom due to coronavirus measures.

Journalists, attorneys and lawmakers quarreled with security officers in front of the courtroom.

The hearing scheduled for 10.30 a.m. started at 11.45, when the judges arrived.

The prosecutor's office yesterday announced its opinion as to the accusations, demanding prison sentences of up to 19 years for journalists for disclosing information about intelligence officers (Article 27/3 of the Law no. 2937 on the State Intelligence Services and National Intelligence Organization) and revealing state information (Article 43/2 of the Turkish Penal Code).

The prosecutor also requested that the file of journalist Erk Acarer, who is currently in Germany, be separated.

Without the prosecutor reading out his opinion, the defendants began to present their defense statements:

Hülya Kılınç: It is evident that the story is about a funeral

I hereby repeat the defense statement I've earlier submitted to your court. No matter from which angle you analyze the story, it is evident that it is a story about a funeral.

"It was impossible for me to have known that the ones visible in the photograph were MiT personnel. I do not know it. If no charges are filed against those who were not aware of this fact, neither should there be charges set against me.

"Photos taken at the funeral were not filmed secretly. They were provided by Akhisar Municipality. Only villagers lifting the coffin are visible in this visual. If I had the intention to disclose MIT members attending the funeral, I would have added a caption saying, 'colleagues of the martyr attended the funeral.' I reported the story solely to inform the public. I demand my release and my acquittal."

Barış Pehlivan: I won't get used to this corruption

"We learned that Turkish Armed Forces and Intelligence officials have gone to Libya; we had martyrs in Libya; there were MIT officials among our martyrs; how they have fallen martyrs; identity details/ photographs/ hometowns/ whereabouts of their graves' how long they've served in which positions; identity details of their family members respectively from President Erdoğan, Registrar Cemali Merter, dozens of social media accounts, deputy Ümit Özdağ and dozens of news sites and newspapers.

"In brief; photos and information about the martyred MIT official have been shared, published and spread long before the Odatv publication. In other words, the story we published bears no breaking information about the martyred MIT official.

"Despite all, we showed extra care and attention to the story in consideration of the martyr's family and the MIT law. Although it was previously reported, we did not include the martyr's surname, surnames and names of the family members or the name of the village where the funeral was held.

"Should I expect justice from a judicial system in which a constitutional professor, who is claimed to have mediated for the release of a drug lord, stood free trial, a judge, who was caught red handed while being bribed, stood free trial, prosecutors, who have closed an investigation upon the demands of a criminal organisation, stood free trial, the plot-case judge who has kept me in jail for nothing then escaped for six months, stood free trial ...

"No! I will not get used to this decaying. I know that I would be dead for real if I ever did."

CLICK - Full text of Barış Pehlivan's statement

Murat Ağırel: Government destroyed the common sense in courtrooms

"The only responsible behind the erosion and decline of confidence in justice, the law is the institutions and people who represent justice. Those who place law and justice at the disposal of the government; who consider both as the serving stations of the powerful; who allow politics, injustice and fear into the courtrooms, have destroyed the trust in law and justice.

"The grudge and rage of the government have destroyed the common sense in courtrooms, hurt the conscience.
"Hence the sense of justice has disappeared, being replaced by managed law, aforehand judiciary and political grudge.

"Let's remember what our country has been through because of the members of the judiciary who acted upon political grudge, who were stripped of their sense of justice, and what happened to them. We already mentioned that the most important quality of human is his ability to use his intellect. Yet, one of the most incomprehensible qualities of the human is also its inability to learn a lesson and the ability to forget.

"Some people are incapable of profit from history; and because they do not feel the misery deep in their hearts, they keep repeating the same mistakes of the past. History is both vicious and also the facilitator of justice no matter how long it delays. I am sure justice will prevail sooner or later, but also sure that those who want to have me convicted without any crimes being committed will also face the punishment they deserve."

CLICK - Full test of Murat Ağırel's defense statement

Barış Terkoğlu: Someone had to raise a voice

"Three months ago, when this tribunal said its decision to release me, I left the hearing room sorrowfully. When bidding farewell to my colleague Barış Pehlivan, he ironically reminded me that we should stop seeing each other in prison and our next meeting should be outside upon his release and not in prison upon my incarceration again. I have not been incarcerated throughout these three months, but had to face certain aspects of the judiciary system.

"I guess all of you have read the news: A sheikh of a religious sect, whom we often saw in the state protocol and before whom many high-ranked officials bowed their heads with respect, had been sexually abusing a child. We followed the traces of the event for days and saw that the sheikh was so powerful that the people were afraid of telling what they had been going through. The father of the abused child was severely beaten in front of the gendarmerie and his bones were broken. The family was receiving threats.

"Someone had to raise a voice. We covered the case. It stirred a public outcry, all the country heard of it. Although, not surprisingly, an investigation has been opened on us, we have no regret whatsoever for doing the right thing.

"We broadcasted the telephone conversations in which the sheikh confessed his deed. And remarkably, he uttered more than once the word 'OdaTV'. He expressed his fear saying that 'If OdaTV writes this, I am doomed'."

CLICK - Full text of Barış Terkoğlu's statement

Ferhat Çelik: They demand up to 19 years in jail because of a two-line story

"Surely journalism doesn't grant anyone a shield of immunity. But the story on our website is clearly an act of journalism.

"We would commit such a grave crime yet the MİT and the security forces would wait for two weeks before they filed for charges. A cocktail like a folder is compiled, and we are portrayed as if we were involved in an organization to comMİT a grave crime.

"We live through a period when the democracy in the country is already pushed to the ground, the dissent is wished to be crushed and a bunch of opposition media is tried to be intimidated by trials, closures and fines. We have the highest number of journalists. We want the law to apply everyone equally not depending on the person.

"Media Outlets that call for massacres, legitimize rape, use discriminative language, support racism, sectarianism, openly curse and swear get to be tolerated but critical and opposition outlets, as in our case, would be crushed upon flimsy grounds.

"The damage such a system would inflict upon us will be minimum. However, adds further stains on an already tainted pessimistic future. A free press, critical press is a must in a country. Once these veins are cut, the breathing channels of society get also cut, leading the society through a cliff.

"Even though we speak for days, we would be repeating ourselves. They demand up to 19 years in jail because of a 2-line story."

CLICK - Full text of Ferhat Çelik's statement

Eren Çelik: As part of my job, reporters ask photos from me.

"I do not know anyone other than Hülya Kılınç. If I had had any ill-intentions, I would have sent photos via another tool rather than WhatsApp. That day, I attended the funeral with our mayor and our deputy. I took the photo in front of everyone, I did not use any hidden devices.

"As part of my job, reporters ask photos from me. I do send photos if they intend to use them. I don't have any relations with OdaTV. I am in the same position with Cemali Merter, the village registrar, except the fact that he is a witness and I am a defendant in this case. I demand my acquittal."

(HA/VK)