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The İstanbul 34th Heavy Penal Court has rejected the request for release of journalists Barış Pehlivan, Murat Ağırel and Hülya Kılınç, who have been arrested pending trial on the ground that they disclosed the identity of a National Intelligence Organization (MİT) officer who lost his life in Libya.
The request of the journalists has been rejected "as they might destroy evidence and have flight risk. The court has unanimously ruled for the continuation of their arrest, brief saying the following:
"...considering the quality and nature of the offenses charged, the Open Source Investigation reports suggesting strong criminal suspicion, the criminal complaints of the MİT, the existence of concrete evidence such as witness statements, the possibility of defendants to destroy evidence or to run away and hide, it has been concluded that the sufficient and efficient legal control cannot be maintained with judicial control measures..."
Attorney: Constitutional Court should take action
Sharing a picture of the ruling, Hüseyin Ersöz, one of the attorneys of the case, has called on the Constitutional Court to examine the applications of the journalists as soon as possible. In his statement, Ersöz has noted that the ruling's mentioning of "flight risk" has nothing to take seriously.
"All witnesses were heard. None of the witnesses made a statement against them. The expression of 'possibility of spoiling evidence' is nothing more than an abstract presumption," the attorney has protested.
Saying that the arrest of journalists was examined yesterday (August 23), Ersöz has noted that "what is written in the ruling as a justification is nothing but general and stock evaluations that cannot be concretized." Indicating that the 1.5-page complaint of the MİT "does not even mention Barış Pehlivan," Ersöz has also protested that Barış Pehlivan and Murat Ağırel, who went to depose themselves, have not been released "due to flight risk."
The attorney has also noted that "there is no evidence left to collect against the journalists who are facing charges over a three-line news report and tweets," reiterating that all witnesses have been heard and none of them has made any statement against the defendants.
Concluding his remarks, attorney Hüseyin Ersöz has said:
"The unjust ruling of continued arrest for the journalists is not only against the right of freedom, but it is also a grave violation of freedom of expression and press! In the face of this, our applications awaiting the examination of the Constitutional Court must be heard with priority."
RSF: Enemy law has to be ended
Sharing a brief message on social media, Reporters Without Borders (RSF) Representative to Turkey Erol Önderoğly has also denounced the ruling, underlining that "the imprisonment of journalists with stock 'justifications' is a scandal, which should concern the Ministry of Justice."
"The enemy law has to be ended," he has added.
What happened?
Odatv news website News Director Barış Terkoğlu and reporter Hülya Kılınç were detained from their homes in İstanbul and Manisa in early morning hours on March 4. 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. He 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.
In the first hearing of the case four months later 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 has ruled that Barış Terkoğlu, Ferhat Çelik and Aydın Keser shall be released while Barış Pehlivan, Hülya Kılınç and Murat Ağırel shall remain behind bars. (HA/SD)
