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The reasoned decision for the prison sentence and the fine given to journalist Pelin Ünker has been announced. Ünker was sentenced for reporting on then-Prime Minister, Binali Yıldırım's and his sons' offshore companies in Malta, which were revealed in the Paradise Papers in 2017.
CLICK - Journalist Pelin Ünker Sentenced to Prison for Paradise Papers Stories
The İstanbul 2nd Penal Court of First Instance concluded that the former Cumhuriyet reporter committed the offenses of "insult" and "defamation," by telling in her stories, "Binali Yıldırım's sons Erkam and Bülent Yıldırım committed a crime by founding companies abroad just because not to pay tax; and getting tenders through these companies by taking advantage of the privilege of being the Prime Minister's sons."
RSF Turkey Representative: Sentences are clearly unproportional
Turkey Representative of the Reporters Without Borders (RSF) Erol Önderoğlu spoke to bianet on the reasoned decision:
"Journalist Pelin Ünker being sentenced to both prison and to pay a fine is apparently a first in the world in terms of the enforcement against reports on the Paradise Papers.
"Our opinion is that the sentences are clearly unproportional in the first place. While the reasoned decision absolutely supports the presumption of innocence of the Yıldırım Family, it neglects the legitimacy of discussing many topics such as a prime minister's family's relations with offshore companies or the relation between trade and politics for the public good. At the end, verdicts like this serve intimidation purposes.
"Moreover, the news article titled 'The Head of the Government Escapes From Tax' does not even belong to Ünker."
Court "evaluated the series of articles as a whole"
The reasoned decision said the following in brief:
"The stories titled 'There is a Lie But...' and 'Not Domestic and National' on copies of the Cumhuriyet newspaper dated November 6, 2017 and November 8, 2017, put forward the Paradise Paper documents related to Binali Yıldırım, Erkam Yıldırım and Bülent Yıldırım.
"In the trial on the allegations of insulting Binali Yıldırım and his sons, the series of articles has been evaluated by our court as a whole.
"In the stories, it was said that Binali Yıldırım's sons Erkam and Bülent Yıldırım committed a crime by founding multiple companies abroad to not pay tax, and getting tenders through these companies by taking advantage of the privilege of being the Prime Minister's sons."
"Stories tried to create a perception"
"With these stories, by giving an impression to the public that Binali Yıldırım and his sons are deceiving the people, a perception was tried to be created.
"Although the defendant and the defender reject the accusations and say that they reported on the Paradise Papers, which was on the news worldwide and that these are new documents which interest the public and that there is not an element of defamation in the stories, when the articles were evaluated as a whole, the following opinion has been reached:
"By reaching the conscientious and legal opinion that it was not just making a news report out of these documents, but it was trying to create a perception by stating that Binali Yıldırım and his sons acted on the purpose of tax evasion and made unearned gains by exploiting loopholes in the laws and that Binali Yıldırım made the unjust enrichment continue by not changing the legal regulation, the court ruled that Pelin Ünker shall be sentenced because of her act upon the related articles."
(HA/VK)
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