‘If there is an independent judiciary in Turkey, why are we behind bars?’

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Republican People's Party (CHP) Eskişehir MP Utku Çakırözer, also a former journalist himself, met Odatv Ankara Representative Müyesser Yıldız, who has been arrested in Sincan Prison in Ankara since June 12, a few days after she was detained for "political and military espionage."

Behind bars without being indicted for three months, journalist Müyesser Yıldız reportedly told Çakırözer that she wanted her indictment to be prepared as soon as possible and to stand before the court.

Referring to the speeches made in the 2020-2021 Legal Year Opening Ceremony, Yıldız sent the following message from prison:

"While opening the legal year, President [and AKP Chair Recep Tayyip Erdoğan] said, 'The state lives with justice. We have to constantly seek after justice for both ourselves and the entire humanity.

"Then, President of the Court of Cassation [Mehmet Akarca] said, 'The main aim of the Turkish judiciary is to offer perfect justice services, raise trust in justice and satisfy public conscience.' The Court of Cassation President even mentioned 'exporting law from Turkey to abroad and setting an example to the world in terms of the law.'

"Those who utter these words have completely broken their bond with reality. There is an abyss between what they say and what we live in real life.

"I ask the ones who talk about justice and conscience: Why am I behind bars? Why are Barış Pehlivan, Murat Ağırel and Hülya Kılınç in Silivri? Those who talk about bringing justice to tworld should first establish justice and conscience in homeland. Those who say 'We teach a lesson on conscience' should first act with conscience and justice towards our own people."

'These decisions cannot be taken in nation's name'

Underlining that Turkey's loss of judicial independence and impartiality is the most important issue of the country, Yıldız also said:

"This issue is not only Müyesser Yıldız's issue. No matter who that is, be that journalists, politicians or lawyers, they need to be sure that everyone is tried fairly in Turkey. But there is no such thing.

"If the dependence of the judiciary will go on like this, then, the courts should hand their judgments not in the name of Turkish nation, but in the name of the government, the palace or whoever has appointed them to those special positions. But not in the name of Turkish nation... Because the Turkish nation is never so unconscientious or unjust. It does not inflict cruelty."

'He apparently thinks I am Trump'

Yıldız also referred to the justification cited in the rejection of her request for release. Describing it as "scandalous", she said:

"I have the right to object to my arrest every month. In the August objection, the judge added a new justification to explain why my objection was rejected: 'In the event of suspects' release, there is a risk that they will engage in activities that will impair the functioning of justice...'

"I am now arrested over three news stories. If I am released pending trial, what can I do? What do I have in my hand other than my pen?

"They must have mistaken me for Trump or Merkel. Because they are the ones who engage in activities that really impair the functioning of justice in this country, it is done by Turkey's addressees. And they say this out loud, they already say that whoever they want to be released, they have them released by courts by telling it to Erdoğan."

'Can ECtHR President ask this?'

Müyesser Yıldız also talked about the visit of European Court of Human Rights (ECtHR) President Robert Spano to Turkey. "When we were forced to stay in prison in the plotted Ergenekon cases, I think another ECtHR President visited Turkey," Yıldız said, briefly adding the following:

"In those days, individual applications were enabled so as to decrease the load of cases going to the ECtHR. But it was also a process that prolonged the injustice and unlawfulness suffered by people imprisoned with a plot.

"Moreover, what happened after individual applications were made possible? we are still on the top of the list of countries failing to implement ECtHR rulings. I am curious whether the ECtHR President could ask this: 'You enacted Article 90 and the ECtHR judgments became primary. Then why don't you do what these judgements stipulate? Why are journalists still arrested? Why is the right to a fair trial not given'."

Çakırözer called for freedom for journalists

Speaking about the case of Müyesser Yıldız, CHP MP Çakırözer also wanted her indictment to be prepared as soon as possible and her to stand trial.

Çakırözer said, "Müyesser Yıldız has been unlawfully and unjustly arrested for months. Three months ago, she was arrested in a morning raid. She has been arrested due to what she wrote. Those writings can still be accessed on the Internet today, but the prosecutor has not even written the indictment yet. Her individual application to the Constitutional Court is still pending. Her indictment must be prepared immediately, Müyesser Yıldız must stand before the judge and she must be freed."

Referring to the second hearing of arrested journalists Barış Pehlivan, Hülya Kılınç and Murat Ağırel on September 9, Çakırözer said, "Müyesser has been unjustly and unlawfully arrested for three months and they for seven months. We want immediate release and justice for all of them. Turkey must immediately get rid of the shame for being a country which make its journalists, politicians and rights defenders rot in prisons."

What happened?

In operations conducted in the capital city of Ankara on June 8, 2020, TELE 1 Ankara Representative İsmail Dükel and Odatv Ankara News Director Müyesser Yıldız were taken into custody.

While Dükel was released on probation by the Penal Judgeship of Peace on June 12, Yıldız, who was detained for "military espionage," has been arrested on charge of "disclosing the information of the state that needs to remain confidential." (HA/SD)