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The final hearing of the case, where the Reporters Without Borders (RSF) Representative to Turkey and BİA Media Monitoring Reporter Erol Önderoğlu, writer Ahmet Nesin and Human Rights Foundation of Turkey (TİHV) Chair Prof. Dr. Şebnem Korur-Fincancı have been tried, was held at the İstanbul 13th Heavy Penal Court today (July 17).
After Önderoğlu, Nesin and Korur-Fincancı participated in the "Editors-in-Chief on Watch" campaign launched in solidarity with Özgür Gündem newspaper, which was closed by the Statutory Decree no. 675, a lawsuit was filed against them for "propagandizing for a terrorist organization."
Announcing its verdict in the final hearing today, the court has ruled for the acquittal of Korur-Fincancı, Önderoğlu and Nesin.
Request for time rejected
Şebnem Korur-Fincancı as well as several lawyers attended the final hearing today. After the prosecutor of the court repeated his previous opinion as to the accusations, the last defense of Korur-Fincancı was asked.
Korur-Fincancı answered that the Judicial Reform package, which will be negotiated in Parliament in September, and the Constitutional Court ruling on verdicts of conviction previously given in other Özgür Gündem trials should be awaited before a judgement is given on them.
After her request for time was rejected by the court, Şebnem Korur-Fincancı presented her last statement of defense.
"It would not suffice to solely use our minds. We also need to use our minds with courage and defend our rights. We have the responsibility to criticize and supervise the state. If we do not do that, it means we have failed to fulfil our responsibility of being a citizen", Fincancı stated in her defense.
After the defense of Korur-Fincancı, lawyers Tora Pekin, Fikret İlkiz, Özcan Kılıç, Meriç Eyüboğlu and Ömer Kavili also requested additional time for the same reasons. However, the court rejected their requests as well.
Acquittal of all charges
Making her last remarks afterwards, Korur-Fincancı said,
"We have been subjected to such processes due to a crime that we did not commit and I see this situation as an interference in my struggle for human rights and my professional life. I view them as unnecessary.
"I do not find the expression of 'acquittal', because I am not guilty. If a definition of crime will be made here, I would like to indicate that violating freedom of expression is a crime."
Announcing its final verdict, the court has ruled that defendants Şebnem Korur-Fincancı, Ahmet Nesin and Erol Önderoğlu shall be acquitted of the charges "propagandizing for a terrorist organization", "openly inciting to commit crimes" and "praising the crime and the criminal."
Among the ones who watched today's hearing were several journalists, rights defenders and lawyers as well as representatives from the IPI, EU Delegation, Amnesty International, Article 19, Journalists Union of Turkey (TGS), Reporters Without Borders (RSF), British Embassy, Peoples' Democratic Party (HDP) İstanbul MP Ahmet Şık and PEN Norway.
Önderoğlu, Nesin and Fincancı imprisoned for 10 days
RSF Representative to Turkey Erol Önderoğlu, Human Rights Foundation of Turkey (TİHV-HRFT) Chair Şebnem Korur Fincancı and writer Ahmet Nesin, who were the Editors-in-Chief on Watch of daily Özgür Güdndem, were arrested on June 20, 2016. While Önderoğlu and Fincancı were released 10 days later on June 30, Nesin was released on July 1, 2016.
CLICK - Özgür Gündem's Editors in Chief on Watch; Önderoğlu, Nesin, Korur Fincancı Arrested
CLICK - Şebnem Korur Fincancı, Erol Önderoğlu Released
Trials of Özgür Gündem Editors-in-Chief on WatchThe Editors-in-Chief on Watch campaign of Özgür Gündem daily had begun on May 3, 2016 and ended on August 7, 2016. Daily was closed through the Statutory Decree No. 675 issued under the State of Emergency. Investigations have been launched against 50 of the 56 Editors-in-Chief on Watch who have participated in the campaign. In 11 of these cases, the court has ordered not to prosecute and in 38 cases, a lawsuit has been brought. One case has been dismissed due to expiration of the Statute of Limitation in the investigation Relying on the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713, the 38 Editors-in-Chief on Watch have stood trial on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations. Cases in which court ruled no prosecution İhsan Eliaçık, Sebahat Tuncel, Ahmet Abakay, Eşber Yağmurdereli, Hasip Kaplan, Işın Eliçin, Kemal Can, Mustafa Sönmez, Melda Onur, Uğur Karadaş, Nurcan Baysal. Editors-in-Chief on Watch, against whom lawsuits were brought A. Kumru Başer, Ahmet Nesin, Ayşe Batumlu, Ayşe Düzkan, Beyza Üstün,Can Dündar, Celal Başlangıç, Celalettin Can, Cengiz Baysoy, Çilem Küçükkkeleş, Derya Okatan, Dicle Anter, Erol Önderoğlu, Ertuğrul Mavioğlu, Faruk Balıkçı, Faruk Eren, Fehim Işık, Hüseyin Tahmaz, Hakkı Boltan, Hasan Cemal, Hasan Hayri Şanlı, İbrahim Bodur, İhsan Çaralan,Julide Kural, Murat Çelikkan, Murat Uyurkulak, Nadire Mater, Necmiye Alpay, Nevin Erdemir, Öncü Akgül, Ragıp Duran, Said Sefa, Şanar Yurdatapan, Şebnem Korur Fincancı, Tuğrul Eryılmaz, Veysi Altay, Yıldırım Türker. * Deniz Türkali's case was dismissed due to expiration of the Statute of Limitation in the investigation. * The cases of Özgür Gündem daily's former editor-in-Chief Hüseyin Aykol, columnists Mehmet Ali Çelebi and Hüseyin Bektaş, who were on duty during the campaign, have been combined with the cases of Düzkan, Duran and Çelebi. The 38 Editors-in-Chief on Watch have stood trial / are standing on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations under the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713. Cases brought against 4 writers Lawsuits were filed against Ömer Ağın and Dilşah Kocakaya due to their articles published on Özgür Gündem daily, while Celal Başlangıç was the Editor-in-Chief on Watch; against İmam Canpolat due to an article published while Cengiz Baysoy was the Editor-in-Chief on Watch, and against İlham Bakır due to an article published while Jülide Kural was the Editor-in-Chief on Watch. Önderoğlu, Nesin, Korur-Fincancı in 10-days pre-trial detention * Editors-in-Chief on Watch, Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı were arrested in June 2016 and released after 10 days. The next hearing of the three writers whose trials continue, will be held on December, 27, 2017. 68,000 TL (15,619 Euros) fine, 188 months and 15 days of prison sentenceVerdict has been rendered in the trials of Şanar Yurdatapan, İbrahim Bodur, Cengiz Baysoy, İmam Canpolat, Çilem Küçükkeleş, Nadire Mater, Yıldırım Türker, Hasan Cemal, Faruk Balıkçı, Dicle Anter, Derya Okatan, Kumru Başer, Ayşe Batumlu, Jülide Kural, İlham Bakır, Murat Uyurkulak, Murat Çelikkan, Beyza Üstün, Nevin Erdemir, Hakkı Boltan, Hasan Hayri Şanlı and Tuğrul Eryılmaz. 7 acquittalsErol Önderoğlu, Şebnem Korur Fincancı, Ahmet Nesin, Hasan Hayri Şanlı, Nevin Erdemir, Hüseyin Tahmaz and Hakkı Boltan have been acquitted. Prison sentences of Çelikkan (18 months), Canpolat (15 months) not deferredThe court has ruled in 22 cases in total, that the editors-in-chief on watch be sentenced to 68,000 TL (15,619 Euros) fine and 235 months and 15 days in prison. All prison sentences except those of Canpolat and Çelikkan, have been deferred. Çelikkan entered Kırklareli Prison on August 14, 2017 and was transferred to open prison on October 14, 2017. He was released on October 21, 2017. Kızılkaya's casesÖzgür Gündem Managing Editor İnan Kızılkaya is defendant in all 38 cases. His case was separated from the others in the trials together with the other Editors-in-Chief on Watch. İstanbul 23rd Heavy Criminal Court is combining Kızılkaya's case with the main trial. Özgür Gündem main trialIn the main trial, Özgür Gündem Consultant Board members Necmiye Alpay, Aslı Erdoğan, Ragıp Zarakolu, Filiz Koçali, Eren Keskin, Editors-in-Chief Zana Kaya, İnan Kızılkaya, Kemal Sancılı and Bilge Oykut are standing trial. Sancılı has still been arrested as part of the lawsuit. |
(TP/SD)
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