Journalist Nedim Şener, arrested for two months in the scope of the Ergenekon investigation, appeared at the Bakırköy (Istanbul) 2nd Criminal Court of First Instance on Friday (6 May) in a trial related to businessman Cem Uzan. Şener stands accused of "violation of private life" based on his article entitled "The million dollar wedding contract" published in Milliyet newspaper on 19 November 2009.
Furthermore, the journalist is alleged of "insult". Thus, he is facing imprisonment of between one year and three months and five years according to Articles 125 and 134 of the Turkish Criminal Code (TCK) respectively.
Şener was supported by his wife Vecide Şener and numerous colleagues who observed the hearing. In his speech of defence, Şener put forward that he thoroughly researched alleged corruption at the İmar Bank and that he made news about this in the past. He wrote a book about the economically powerful Uzan family entitled "The fall of an empire of fear". At that time, Şener got hold of several news about the Uzan family members and people connected to them but he respectfully refrained from publishing the according information since they were touching on those people's private life, the journalist stated.
Burcu Karakaş from the Milliyet daily claimed that the wedding contract between Cem Uzan and his former wife as reported by Nedim Şener was a topic that exceeded the limits of private life:
"It was said that the final decision of the Uzan family put a damage of an estimated 50 billion dollar load on the treasury. These decisions do not only comprise the one as subject to the article. We are talking about several decisions that caused this damage to the treasury", Karakaş explained.
"In the Libenanco trial opened against Turkey this contract was presented as evidence for the numbered damage. I did not commit the crime imputed on me. I did not obtain the contract via secret ways. This contract was made by a notary in the US in the presence of lawyers. Everybody was given a copy".
Nedim Şener indicated that newspapers frequently reported about wedding contracts of persons in the public eye. He claimed that the topic was newsworthy and that he was innocent. The journalist therefore requested his acquittal.
Şener's lawyer Yücel Döşemeci underlined that Cem Uzan had placed an economic burden on the Turkish people with his activities. Döşemeci expressed his doubts about Uzan's capability as a business man and reminded that he was the former chairman of the Youth Party. "The writing subject to the charges is based on a document. I request the acquittal of my client", he said.
Plaintiff lawyer Mehmet Ferhat Ünal conceded that a number of trials were opened against Uzan in deed on the initiative of İmar Bank. However, none of these trials have been finalized yet, he said. According to the lawyer, the wedding contract was an agreement between two people that remained within the borders of private life.
Judge Rüveyde Çakmak Kaner decided to send a writ to the Silivri No.2 L Type Prison where Şener is being detained in order to have him appear at the coming hearing. The case was postponed to complete the case file. On his way out of the court room, Şener seized the opportunity and hugged his wife Vecide Şener.
In a statement issued after the hearing, Hürriyet newspaper writer Ferai Tınç said on behalf of the Freedom for Journalists Platform, "There are thousands of trials pending against journalists in Turkey. They are based on the violation of confidentiality or, as in Nedim Şener's case now, on the violation of private life. We want Turkey to be a country with press freedom where very good journalism can be done. (...) In my opinion, it is an attack on the people's right to information to deprive a journalist like Nedim Şener from the right to make journalism. We want all journalists to be released". (EÖ/VK)
