Journalist Can Dündar faces up to 35 years in prison

* Photo: Stian Overdahl / Zenith

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Standing trial over a news report published on daily Cumhuriyet regarding the trucks of the National Intelligence Organization (MİT) stopped by gendarmerie officers, journalist Can Dündar is now facing up to 35 years in prison, according to the prosecutor's opinion as to the accusations.

In the hearing held at the İstanbul 14th Heavy Penal Court today (October 14), the prosecutor of the hearing announced his opinion.

The prosecutor demands that journalist Can Dündar, who is currently abroad, be sentenced to 22 years, 6 months to 35 years on charges of "political or military espionage" and "aiding a terrorist organization."

In the closed-door hearing held in İstanbul today, Abbas Yalçın, the attorney of the journalist, was present in the courtroom. At the hearing, it was understood that the public prosecutor had added the opinion as to the accusations to the case file of the journalist.

The prosecutor alleges that Dündar, by obtaining information having the characteristics of a state secret and sharing it in the press, served the purposes of the Fethullahist Terrorist Organization (FETÖ) against the Republic of Turkey, government and the MİT Presidency.

Accusing Dündar of "aiding" the FETÖ, which is held accountable for the failed coup attempt on July 15, 2016, the prosecutor demands 15 years to 20 years in prison for Dündar on charge of "obtaining information that should have remained confidential for the security of the state or its domestic or foreign benefits for purposes of political or military espionage" and 7.5 years to 15 years on charge of "knowingly and willingly aiding the organization while not being a part of its hierarchical structure."

As the attorneys of the parties demanded time to make a statement as to the accusations, the court board has accepted this request and ruled that the next hearing of the case shall be held on December 4, 2020.

The court has also ruled that the petition appealing against the declaration of Can Dündar a "fugitive" and seizure of his assets shall be referred to the İstanbul 15th Heavy Penal Court, the upper court.

What happened?

After daily Cumhuriyet, whose the then Editor-in-Chief was Can Dündar, published a news report titled "Here are the weapons Erdoğan said do not exist" on May 29, 2015, an investigation was launched against the journalist on charges of "obtaining information about the security of the state", "political and military espionage", "disclosing information that should have remained confidential" and "propagandizing for a terrorist organization."

Following this news report on the MİT trucks stopped by gendarmerie officers, President Erdoğan threatened Dündar without naming him on a live program on state channel TRT, saying, "I think that this person who reported that special news will pay a heavy price for this. I will not just leave him like this..."

As part of the investigation conducted by the İstanbul Chief Public Prosecutor's Office, former Cumhuriyet Editor-in-Chief Can Dündar and former Ankara Representative Erdem Gül were arrested on November 26, 2015 on charges of "obtaining and disclosing the confidential information of the state for purposes of political or military espionage" and "knowingly and willingly aiding an armed terrorist organization as non-members."

Following the ruling of "right violation" of the Constitutional Court on February 25, 2016, Dündar and Gül were released the day after.

Commenting on this ruling, President Tayyip Erdoğan said, "I do not respect it, I do not abide by the ruling."

Accepting the indictment issued by the Chief Public Prosecutor's Office, the İstanbul 14th Heavy Penal Court ruled that Can Dündar should be sentenced to 5 years, 10 months in prison and Erdem Gül to 5 years in prison on charge of "disclosing the confidential information of the state."

Acquitting Dündar and Gül of "attempting to overthrow the government of the Republic of Turkey or attempting to prevent it from fulfilling its duty partly or fully," the court separated the file on charge of "knowingly and willingly aiding an armed terrorist organization as non-members.

On the day when he had his hearing in İstanbul, Can Dündar was targeted in an armed attack in front of the courthouse in Çağlayan. While Dündar survived the attack without any injuries, NTV reporter Yağız Şenkal was wounded in his leg. Murat Şahin, the assaulter, was sentenced to 10 months in prison and a judicial fine of 4 thousand 500 lira. While the court gave good conduct time to Şahin, it also ruled that "he could not be penalized over an attempted action."

The Court of Cassation reversed the prison sentences of Dündar and Gül on charge of "disclosing confidential information of the state" on March 9, 2018. In the light of this reversal, the trial started again at the İstanbul 14th Heavy Penal Court on April 2, 2019. The court requested a red notice against Dündar.

Upon the request of the İstanbul Chief Public Prosecutor's Office, the court ruled that on September 17, 2020, in the event that Can Dündar, who was abroad at the time, did not appear in court within 15 days, he would be considered a "fugitive" and his entire property should be confiscated.

The assets of the exiled journalist were seized on October 7, 2020.

(HA/SD)