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Facing charges for having disclosed the identity of a National Intelligence Organization (MİT) officer killed in Libya and laid to rest in Manisa, eight people, including seven journalists, three of whom are arrested pending trial, will have their second hearing in İstanbul today (September 9).
Ahead of today's hearing, the prosecutor has announced his opinion as to the accusations and demanded that eight defendants shall be sentenced to up to 19 years in prison on the offenses charged.
The following people are standing trial as part of this lawsuit: Odatv Editor-in-Chief Barış Pehlivan, reporter Hülya Kılınç, daily Yeniçağ columnist Murat Ağırel, main opposition CHP's Akhisar Municipality Press Unit worker Eren Ekinci are arrested pending trial; Odatv News Director Barış Terkoğlu, daily Yeni Yaşam Editor-in-Chief Ferhat Çelik and Managing Editor Aydın Keser were previously released; Erk Acarer is currently abroad.
As reported by the Odatv news website, the prosecutor has demanded their penalization on two separate charges.
According to the indictment, "...considering the allegations, proofs, minutes, the criminal complaint of the MİT Presidency dated March 3, 2020 and its addenda, HTS records, statements, the ongoing trial and the scope of the entire file, it has been been understood that the defendants committed the offenses defined in the Law no. 2937 on the State Intelligence Services and National Intelligence Organization by publishing, spreading and announcing the identity of martyrs, who were members of the MİT Presidency, and therefore the identities of their families, their positions and activities..."
Against this backdrop, the prosecutor has demanded that the defendants shall be penalized as per the Article 27/3 of the Law no. 2937 and the Article 43/2 of the Turkish Penal Code (TCK).
The prosecutor has also requested their penalization as per the Article 329/1 of the TCK "as they committed the offense of "disclosing information pertaining to the security of the state and its political benefits."
Prosecutor demands continuation of arrest
Further in his opinion, the prosecutor has also demanded that the arrested defendants shall remain behind bars "...for reasons such as the lower and upper limits of the sentences to be given as per the law and the proportionality of the possible sentences to be received by the arrested defendants and the measure of arrest, judicial control measures will fall short of ensuring sufficient and efficient legal supervision..."
The prosecutor has also requested that the file of journalist Erk Acarer, who is currently in Germany, be separated.
The indictment brought against eight people demanded their penalization as per the Article 329/1 of the Turkish Penal Code (TCK) and the Article 27 of the National Intelligence Law (MİT) Law no. 2937. The Article 329/1 of the TCK stipulates that "[a]ny person who discloses information that, due to its nature, must be kept confidential for reasons relating to the security, or domestic or foreign political interests of the State shall be sentenced to a penalty of imprisonment for five to ten years." The Article 27 of the MİT law foresees that "those who obtain, procure, steal, fabricate, falsify and destroy documents and information about MİT's duties and operations shall receive four to ten years of imprisonment." The Article 27 also stipulates that "those who disclose the identities, positions, duties and activities of MİT members and their families in any way and the ones who fabricate or falsify the identities of MİT members or use the fabricated documents shall be sentenced to three to seven years." According to the Article 27 of the MİT law, if the crime of disclosure has been committed through publication of any kind, the related persons shall receive three to nine years of imprisonment. |
What happened?
Odatv news website News Director Barış Terkoğlu and reporter Hülya Kılınç were detained from their homes in İstanbul and Manisa in early morning hours on March 4. Kılınç was taken to İstanbul for the investigation.
Terkoğlu and Kılınç were arrested by the İstanbul 4th Penal Judgeship of Peace in the evening on the same day.
On March 5, the Information and Communication Technologies Authority (BTK) imposed an access block on Odatv.
Summoned to depose as part of the same investigation on March 5, Odatv Editor-in-Chief Barış Pehlivan was also arrested on March 6.
On the same day, daily Yeni Yaşam Editor-in-Chief Ferhat Çelik and Managing Editor Aydın Keser were referred to court for arrest as part of the same investigation. They were released on probation by the court.
Next day, on March 7, daily Yeniçağ columnist Murat Ağırel was also referred to court for his arrest after deposing at the prosecutor's office. He was released on probation by the court.
Upon the objection of the prosecutor's office, Ferhat Çelik, Aydın Keser and Murat Ağırel were arrested on March 8.
On April 24, an indictment was issued against arrested journalists Barış Terkoğlu, Hülya Kılınç, Ferhat Çelik, Aydın Keser and Murat Ağırel as well as journalist Erk Acarer, who is abroad, and E.E., a Press Unit member from the Republican People's Party (CHP) Akhisar Municipality.
In the first hearing of the case four months later on June 24, Odatv Editor-in-Chief Barış Pehlivan, Odatv News Director Barış Terkoğlu, reporter Hülya Kılınç, Yeni Yaşam Editor-in-Chief Ferhat Çelik, Yeni Yaşam Managing Editor Aydın Keser, daily Yeniçağ columnist Murat Ağırel stood trial.
The İstanbul 34th Heavy Penal Court has ruled that Barış Terkoğlu, Ferhat Çelik and Aydın Keser shall be released while Barış Pehlivan, Hülya Kılınç and Murat Ağırel shall remain behind bars. (EKN/SD)
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