Local court doesn’t defy reversal of acquittals in Özgür Gündem trial

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After the court of appeals overturned the acquittals of Erol Önderoğlu, Şebnem Korur-Fincancı and Ahmet Nesin and ruled for their retrial in the Özgür Gündem case, they had their first hearing at the İstanbul 13th Heavy Penal Court in Çağlayan today (February 3).

Reporters Without Borders (RSF) Representative to Turkey Erol Önderoğlu, Turkish Medical Association (TTB) Central Council Chair Prof. Şebnem Korur-Fincancı and writer Ahmet Nesin were previously acquitted by the local court in the lawsuit filed against them for joining the "Editors-in-Chief on Duty" campaign for the closed Özgür Gündem newspaper.

However, the appeals court has overturned the acquittals.

CLICK - Appeals court overturns verdict of acquittal

Before the hearing started, rights defenders came together in front of the İstanbul Courthouse and expressed their support and solidarity for Önderoğlu, Korur-Fincancı and Nesin. Representatives from civil society organizations and MPs also attended the press statement.

While Nesin was not present at court as he was abroad, Korur-Fincancı and Önderoğlu, their attorneys Meriç Eyüboğlu, Tora Pekin, Efkan Bolaç, Levent Pişkin, Ümit Dede and Esra Kılıç attended the hearing.

'I do not accept the ruling of reversal'

Following the identity checks, Presiding Judge Mesut Özdemir asked Erol Önderoğlu and Şebnem Korur-Fincancı about their opinions as to the verdict of reversal given by the court of appeals.

Taking the floor first, Önderoğlu said that "he did not accept the ruling of reversal of the appeals court." He noted that they, as the defendants, found it important that the local court gave a ruling of acquittal by expressing an opinion in favor of turning over a new leaf in Turkey. "I think that the reversal of the appeals court is a verdict against this intention," said Önderoğlu.

He also reminded the court board and the audience that 38 of 100 people who participated in the Özgür Gündem Solidarity Campaign were investigated. "It is the first time that the court of appeals has overturned a ruling given about this issue," Önderoğlu said, adding that he found both the timing of the reversal and the argument made in the reversal "meaningful".

Önderoğlu did not accept the suspension of the pronouncement of the verdict in the event that he was penalized at the end of the trial.

"I have been a journalist for 25 years. Since the very first day, I have been of the opinion that this procedure is objectionable for those working with opinions and leads to self-censorship. For this reason, I do not accept the deferment of the pronouncement of the verdict," he noted.

'Reversal was a political ruling'

Speaking after Önderoğlu, his attorney Tora Pekin indicated that it was now impossible to expect a lawful verdict from the court of appeals (3rd Penal Chamber of the İstanbul Regional Court of Justice).

He said that the verdict of reversal was a political verdict and reiterated that they did not accept the reversal of acquittals.

Timing of the reversal is 'meaningful'

Afterwards, TTB  Chair Şebnem Korur-Fincancı shared her opinion on the appeals court. "There are several court cases where the rule of law is completely eliminated and the right to a fair trial is violated. Özgür Gündem trials are among these cases," she said and added:

"Freedom of expression is a civil responsibility of us all and I fulfilled this responsibility. I am not surprised at the related ruling of reversal. The timing of this ruling is not surprising, either. The ruling has been overturned nearly a year after the ruling of acquittal was given.

"The related reversal was made to coincide with the aftermath of my election as the Chair of Turkish Medical Association Central Council. TTB was making efforts to inform the public about coronavirus. An impression was made as if I had been elected from a terrorist organization to the top of TTB. For this reason, the timing of the ruling of reversal is meaningful."

Indicating that freedom of expression is the most fundamental right, Şebnem Korur-Fincancı said, "We will keep struggling for this." Noting that the deferment of the announcement of the verdict is an act of admitting the crime, she said that she did not accept the deferment.

'Political terms used in the reversal'

Meriç Eyüboğlu, the attorney of Korur-Fincancı, also underlined that her client was targeted after she was elected the Chair of the TTB.

"We complain about the politicization of the judiciary. This verdict is one of those given with this motivation," said Eyüboğlu, raising concerns that "political terms were used in the ruling of reversal" given by the court of appeals. "The legal elements of the crime did not arise, we do not accept the reversal," added Eyüboğlu and requested that the court defy the reversal.

The local court did not defy

Announcing its ruling after the statements, the court board abided by the reversal of the appeals court and ruled that a letter shall be addressed to the related authority so that the files of Korur-Fincancı, Önderoğlu and Nesin will be merged with the file of the Özgür Gündem main case heard by the İstanbul 23rd Heavy Penal Court where Eren Keskin, Zana Kaya, İnan Kızılkaya and Kemal Sancılı are standing trial.

The next hearing is on May 6 at 2 p.m.

CLICK - Özgür Gündem's Editors in Chief on Watch; Önderoğlu, Nesin, Korur Fincancı Arrested

CLICK - Şebnem Korur Fincancı, Erol Önderoğlu Released

(HA/SD)