The first hearing of the case against Ahmet Şık and Ertuğrul Mavioğlu, co-authors of the two volumes "Understanding the counter guerrilla and Ergenekon" and "Who is who in Ergenekon" was held before the Kadıköy (Istanbul) 2nd Criminal Court of First Instance on Friday (8 October). Both journalists are facing prison sentences of up to 4.5 years under charges of "violation the secrecy of an investigation".
The trial was observed by a huge audience, among them human rights advocator Judith Chomsky, sister-in-law of intellectual Noam Chomsky, and director Çayan Demirel in attendance. Human rights activist and linguist Noam Chomsky missed the hearing because his flight was delayed. He scheduled a visit to Istanbul for the Meeting for Freedom of Thought.
The volumes deal with the clandestine ultra-national Ergenekon organisation nested within the state and the military. The organization is said to have planned to overthrow the government and to create chaos in the country with murders and attacks.
Mavioğlu gave a statement to the journalists before the court session. "The outcome of this trial is not important; the issue is that this trial has been opened at all. We are spending our time with this. They are trying to intimidate the people", he argued.
Investigation launched on day of publication
Both un-detained defendants attended the hearing. They are indicted under Article 285 of the Turkish Criminal Law (TCK) on "violation of communications". They were defended by communication lawyer Fikret İlkiz, Can Atalay and Ömer Kavili.
The Public Prosecutor requested a decision of lack of jurisdiction right in the beginning of the hearing. The defence lawyers objected and the court decreed after a short intermission that the Kadıköy Court was the competent court since the books were also published in Kadıköy.
Mavioğlu: No official let any documents fall into our lap
In his defence, Mavioğlu claimed, "We expected the indictment to clarify where a violation actually occurred, but the probe into the books was launched just by looking at the cover. The book is based on court documents that could be reviewed by everybody. No state official of the 'deep' or 'not deep' state let any documents fall into our lap. I do not know how to respond to the accusations without being informed about any violation".
Şık: Book to support a fair trial
When it was Şık's turn, the journalist said, "We think that evidence has been concealed in the Ergenekon investigation. We wrote the book as a guide for a fair trial. Different names were involved at different times into the dirty and bloody organization that is owned by the state. We want the real perpetrators to be prosecuted for the crimes they actually committed".
Lawyer İlkiz pointed out that the decision of confidentiality referred to in the indictment was lifted. Thus he concluded that his clients could not be charged on that base and requested their acquittal.
The court decided to inquire the Bakırköy Public Prosecution in order to determine the date of printing. The case was postponed to 21 January 2011.
The Kadıköy Public Prosecution had launched a probe into the two volumes published by İthaki Publications on 14 April, the day the book was introduced to the market. The indictment was prepared on 1 June, putting forward that the journalists had breached a publication ban decreed by the Istanbul 13th High Criminal Court on 30 July 2008. (EÇ/EÖ/VK)
