Journalist Nedim Şener was acquitted of charges of "violation of communications" by the Bakırköy (Istanbul) 2nd Criminal Court of First Instance on 31 May. The charges had been pressed against the journalist on the grounds of the article "Identities were part of the duty" published on 30 September 2010 in the nation-wide Milliyet daily. The article contained statements made by Hanefi Avcı, former Chief of Police, and his wife Şenay Avcı.
Journalist Şener has been detained at the Silivri Prison west of Istanbul since 6 March this year in the context of the Ergenekon Investigation.
He was facing up to nine years in jail under allegations of "violation of confidentiality" and the "attempt to influence a fair trial".
Judge Rüveyde Kaner decided for Şener's acquittal because "features and elements of crime did not occur". Consequently, the number of trials pending against Şener went down to nine.
The second and final hearing of the case was observed by the journalist's wife Vecide Şener, his mother Hüsniye Şener, his uncle Fahri İncedere and Hosrof Dink, brother of slain journalist Hrant Dink.
Journalist Önal: Acquittal might be a mere distraction...
Journalist Ayşe Önal made a statement after the hearing. She pointed out that this acquittal might merely be a "distraction" for Şener who has been in prison for past three months in the scope of the Ergenekon investigation. She reiterated that no concrete allegations have been announced against Şener and said that he was still not going to be released.
Breach of international law
Önal's daughter Şafak Pavey indicated that a person must not be deprived of his freedom as long as he did not encounter concrete allegations. She drew attention to Article 9 of the Convention on Civil and Political Rights and to Article 5 of the European Convention of Human Rights. Şener's mother expressed her hope that "justice is going to find its place".
Also on 31 May, the Istanbul 3rd Civil Court of First Instance dropped charges against journalist Şener on the grounds of his book "Code name: Atilla". Journalist Adil Öngen had filed a TL 15,000 (€7,500) compensation claim based on an alleged attack on his personal rights.
Due in court again on 2 June
Nedim Şener will be due in court again this Wednesday (2 June) related to two further freedom of expression cases. Together with Hasan Çakkalkurt, editorial manager of Milliyet, the journalist stands accused of "insult" and "violation of the secrecy of an investigation" by reason of the article "He carries the bribe in his pocket". The article was published in Milliyet on 23 October 2010.
A little bit later the same morning, Şener has a hearing of another trial. In this file, he is tried over allegations of "violation of the confidentiality of an investigation" based on the article "The black bag was not in the room" published on 3 November 2010.
Şener was taken into police custody on 3 March this year in the scope of the Ergenekon investigation. He was arrested three days later together with journalist Ahmet Şık. Both journalists are being detained in the same cell at the Silivri Prison. They are still waiting for learning the concrete allegations made against them, for the preparation of the indictment and for their release. (EÖ/VK)
