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The eighth hearing of the case, where the Reporters Without Borders (RSF) Representative to Turkey and BİA Media Monitoring Reporter Erol Önderoğlu, writer Ahmet Nesin and Human Rights Foundation of Turkey (TİHV) Chair Prof. Dr. Şebnem Korur-Fincancı have been tried, was held at the İstanbul 13th Heavy Penal Court today (January 28).
After Önderoğlu, Nesin and Korur-Fincancı participated in the "Editors-in-Chief on Watch" campaign launched in solidarity with Özgür Gündem newspaper, which was closed by the Statutory Decree no. 675, a lawsuit was filed against them for "propagandizing for a terrorist organization."
Ahmet Nesin, who is currently residing abroad, had presented his statement of defense through rogatory. It was seen at the hearing that his defense, which was translated from French into Turkish, was added to the case file.
Announcing its interlocutory judgement, the court board has revoked the arrest warrant previously issued for Ahmet Nesin considering that he made his defense in the country where he lives.
The court board has also ruled that the file of the case shall be sent to the Prosecutor's Office for the preparation of the opinion as to the accusations.
The next hearing of the case will be held on February 27, 2019.
Nesin: This case doesn't concern authorities in France
The eighth hearing of the case was attended by Şebnem Korur-Fincancı, Erol Önderoğlu and attorney Fikret İlkiz.
In his statement of defense presented through rogatory, Ahmet Nesin said,
"I do not accept the charges and I do not have anything to say to you because this case does not concern the legal authorities in France. I have already told the legal authorities in Turkey, especially during my trial in 2016, that though I was jailed for 11 days in İstanbul, I have not been penalized. I do not have anything else to declare."
Judge: It is our general way of addressing people
In asking him whether he has anything to add, the Presiding Judge of the court addressed Erol Önderoğlu with informal you (sen) rather than the formal one (siz). In response, Önderoğlu said,
"There have been no criminal charges against me. Within the framework of minimum respect for you and the mechanism of justice, I am addressing you with the formal you and I am waiting the same from you as well."
Presiding Judge Ali Günay answered, "It is our general way of addressing people" and continued addressing Önderoğlu with "sen", the informal you.
Audience of the hearing
Among the ones who followed the hearing today were also Peoples' Democratic Party (HDP) MP Oya Ersoy, Republican People's Party (CHP) MP Sezgin Tanrıkulu, the 78s Initiative Spokesperson Celalettin Can, Prof. Dr. Gençay Gürsoy, Peoples' Democratic Congress (HDK) Co-Spokesperson Onur Hamzaoğlu, RSF Secretary General Christophe Deloire, RSF Representative to Germany Christian Mihr and RSF Europe Director Johann Bihr.
Trials of Özgür Gündem Editors-in-Chief on WatchThe Editors-in-Chief on Watch campaign of Özgür Gündem daily had begun on May 3, 2016 and ended on August 7, 2016. Daily was closed through the Statutory Decree No. 675 issued under the State of Emergency. Investigations have been launched into 50 of the 56 Editors-in-Chief on Watch who have participated in the campaign. In 11 of these cases, the court has ordered not to prosecute and in 38 cases, a lawsuit has been brought. One case has been dismissed due to expiration of the Statute of Limitation in the investigation Relying on the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713, the 38 Editors-in-Chief on Watch have stood trial on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations. Cases in which court ruled no prosecution İhsan Eliaçık, Sebahat Tuncel, Ahmet Abakay, Eşber Yağmurdereli, Hasip Kaplan, Işın Eliçin, Kemal Can, Mustafa Sönmez, Melda Onur, Uğur Karadaş, Nurcan Baysal. Editors-in-Chief on Watch, against whom lawsuits were brought A. Kumru Başer, Ahmet Nesin, Ayşe Batumlu, Ayşe Düzkan, Beyza Üstün,Can Dündar, Celal Başlangıç, Celalettin Can, Cengiz Baysoy, Çilem Küçükkkeleş, Derya Okatan, Dicle Anter, Erol Önderoğlu, Ertuğrul Mavioğlu, Faruk Balıkçı, Faruk Eren, Fehim Işık, Hüseyin Tahmaz, Hakkı Boltan, Hasan Cemal, Hasan Hayri Şanlı, İbrahim Bodur, İhsan Çaralan,Julide Kural, Murat Çelikkan, Murat Uyurkulak, Nadire Mater, Necmiye Alpay, Nevin Erdemir, Öncü Akgül, Ragıp Duran, Said Sefa, Şanar Yurdatapan, Şebnem Korur Fincancı, Tuğrul Eryılmaz, Veysi Altay, Yıldırım Türker. * Deniz Türkali's case was dismissed due to expiration of the Statute of Limitation in the investigation. * The cases of Özgür Gündem daily's former editor-in-Chief Hüseyin Aykol, columnists Mehmet Ali Çelebi and Hüseyin Bektaş, who were on duty during the campaign, have been combined with the cases of Düzkan, Duran and Çelebi. The 38 Editors-in-Chief on Watch have stood trial / are standing on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations under the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713. Cases brought against 4 writers Lawsuits were filed against Ömer Ağın and Dilşah Kocakaya due to their articles published on Özgür Gündem daily, while Celal Başlangıç was the Editor-in-Chief on Watch; against İmam Canpolat due to an article published while Cengiz Baysoy was the Editor-in-Chief on Watch, and against İlham Bakır due to an article published while Jülide Kural was the Editor-in-Chief on Watch. Önderoğlu, Nesin, Korur-Fincancı in 10-days pre-trial detention * Editors-in-Chief on Watch, Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı were arrested in June 2016 and released after 10 days. The next hearing of the three writers whose trials continue, will be held on December, 27, 2017. 68,000 TL (15,619 Euros) fine, 352 months and 15 days of prison sentenceVerdict has been rendered in the trials of Şanar Yurdatapan, İbrahim Bodur, Cengiz Baysoy, İmam Canpolat, Çilem Küçükkeleş, Nadire Mater, Yıldırım Türker, Hasan Cemal, Faruk Balıkçı, Dicle Anter, Derya Okatan, Kumru Başer, Ayşe Batumlu, Jülide Kural, İlham Bakır, Murat Uyurkulak, Murat Çelikkan, Beyza Üstün, Nevin Erdemir, Hakkı Boltan, Hasan Hayri Şanlı and Tuğrul Eryılmaz. 3 acquittalsŞanlı, Erdemir and Boltan have been acquitted. Prison sentences of Çelikkan (18 months), Canpolat (15 months) not deferredThe court has ruled in 22 cases in total, that the editors-in-chief on watch be sentenced to 68,000 TL (15,619 Euros) fine and 235 months and 15 days in prison. All prison sentences except those of Canpolat and Çelikkan, have been deferred. Çelikkan entered Kırklareli Prison on August 14, 2017 and was transferred to open prison on October 14, 2017. He was released on October 21, 2017. Kızılkaya's casesÖzgür Gündem Managing Editor İnan Kızılkaya is defendant in all 38 cases. His case was separated from the others in the trials together with the other Editors-in-Chief on Watch. İstanbul 23rd Heavy Criminal Court is combining Kızılkaya's case with the main trial. Özgür Gündem main trialIn the main trial, Özgür Gündem Consultant Board members Necmiye Alpay, Aslı Erdoğan, Ragıp Zarakolu, Filiz Koçali, Eren Keskin, Editors-in-Chief Zana Kaya, İnan Kızılkaya, Kemal Sancılı and Bilge Oykut are standing trial. Kızılkaya and Sancılı are in detention on remand. Dates of the hearings* November 2, 2017, Said Sefa – İstanbul 22nd Heavy Criminal Court * December 26, 2017, Erol Önderoğlu, Ahmet Nesin, Şebnem Korur Fincancı - İstanbul 13th Heavy Criminal Court * December 28, 2017, Veysi Altay – İstanbul 22nd Heavy Criminal Court * December 28, 2017, Can Dündar – İstanbul 22nd Heavy Criminal Court * January 18, 2018, Ayşe Düzkan, Ragıp Duran - İstanbul 13th Heavy Criminal Court * March 15, 2018, Faruk Eren, Ertuğrul Mavioğlu, Celal Başlangıç, Ömer Ağın, İhsan Çaralan, Celalettin Can, Fehim Işık, Öncü Akgül, Dilşah Kocakaya - İstanbul 14th Heavy Criminal Court. * May 7, 2018, Faruk Eren, Ertuğrul Mavioğlu, Celal Başlangıç, Ömer Ağın, İhsan Çaralan, Celalettin Can, Fehim Işık, Öncü Akgül and Dilşah Kocakaya - İstanbul 14th Heavy Criminal Court * September 4, 2018, Can Dündar and Veysi Altay - İstanbul 22nd Heavy Criminal Court * October 9, 2018, Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı - İstanbul 13th Heavy Criminal Court |
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