Journalist Barış Terkoğlu to be paid damages for imprisonment over 'intelligence officer' report

Click to read the article in Turkish

Barış Terkoğlu, one of the three journalists who were put on trial because of their reports and social media posts about intelligence officer killed in Libya in 2020, has won a lawsuit for damages for "unfair imprisonment," daily Cumhuriyet reported.

Terkoğlu was remanded in custody on March 5, 2020, and remained behind bars for three months and 19 days. He then filed a lawsuit against his arrest.

The İstanbul 4th Heavy Penal Court ruled that Terkoğlu should be paid 25,000 lira (1,352 US dollars) for immaterial damages.

"At that time, a plot was set up against me and my colleagues by using the judiciary. We were taken hostage with a fabricated investigation. This verdict is the acceptance of this shame by the state. Those who set up this plot will one day appear before the court, and the accounts will be settled on that day," Terkoğlu said following the judgment.

What happened?

The-then Odatv news website News Director Barış Terkoğlu and reporter Hülya Kılınç were taken into custody from their homes in İstanbul and Manisa in early morning hours on March 4, 2020. They were arrested by the İstanbul 4th Penal Judgeship of Peace in the evening on the same day in an investigation about news reports and social media posts about the funeral of a National Intelligence Organization (MİT) member who was killed in Libya.

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. Ağırel 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.

At the first hearing of the case 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 ruled that Barış Terkoğlu, Ferhat Çelik and Aydın Keser should be released while Barış Pehlivan, Hülya Kılınç and Murat Ağırel should remain behind bars.

The court announced its ruling on September 9, 2020. It has sentenced Aydın Keser, Ferhat Çelik and Murat Ağırel to 4 years, 8 months, 7 days and Barış Pehlivan and Hülya Kılınç to 3 years, 9 months in prison for violating the Law on National Intelligence Organization (MİT).

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 3rd Penal Chamber of the İstanbul Regional Court of Justice has upheld the verdict handed down by the local court at the final hearing. (HA/VK)