Önderoğlu: ‘Case Should Result in a Positive Way Not Only For Us But For All Friends in Solidarity’

Click to read the article in Turkish / Kurdish

The latest hearing in the trial of the President of Human Rights Foundation of Turkey (TİHV) Prof. Dr. Şebnem Korur Fincancı, Reporters without Borders (RSF) Turkey Representative and BİA Media Monitoring Reports rapporteur Erol Önderoğlu and writer Ahmet Nesin was held today (June 8).

Korur Fincancı, Önderoğlu and Nesin are standing trial due to their participation in the Özgür Gündem daily Editors-in-Chief on Watch campaign in solidarity with Özgür Gündem daily which was closed with the Statutory Decree No 675.

They are being charged with "propagandizing for a terrorist organization".

Önderoğlu and Prof. Korur-Fincancı attended the hearing held before İstanbul 13th High Criminal Court while Nesin was absent.

International representatives observing the trial

Human rights defenders Nimet Tanrıkulu, Cealettin Can, Şanar Yurdatapan from Initiative Against Thought Crime(!?), RSF Germany Director Christian Mihr, RSF Eastern Europe & Central Asia desk Director Johann Bihr, RSF Public Relations Director Daniel Schmidthaussler, RSF Brussels Representative Julie Majerczak as well as Nesmil Ghassemlou from International Physicians for the Prevention of Nuclear War (IPPNW), Mechthild Wenk-Ansohn from Berlin Treatment and Rehabilitation Center for Torture Victims, Bianca Schmolze and Christian Cleusters from Bochum Medical Care Center for Torture Victims have observed the hearing.

Request to Repeal Article 214 of Turkish Criminal Code

Önderoğlu presented the court the Turkey Report prepared by RSF and Attorney Doğanoğlu taking the floor afterwards stated that Article 214 of the Turkish Criminal Code (inciting to crime) was a matter of freedom of expression and was problematic in terms of lawfulness. Doğanoğlu demanded an application to the Constitutional Court regarding the non-compliance of the article with the Constitution.

Önderoğlu: Not optimistic about the case

Speaking to bianet after the hearing, Önderoğu said that he did not expect a positive result and added:

"It is difficult to have positive expectations in this case especially under the current circumstances in the judiciary under the State of Emergency. It is not enough that the case results in a positive way only for us [...] but the the process which would develop in a positive way for us, should also have a positive impact on our friends retrospectively, we would then have an achievement.

The next hearing of the trial will be held on December 26, 2017.

Özgür Gündem trials

Closed Özgür Gündem newspaper's Editor-in-Chief on Watch campaign was launched on May 3, 2016 and ended on August 7, 2016.
56 people joined the campaign.

50 of the attendees faced prosecution. Of the prosecuted, files of the 38 have been turned into cases.
50 investigations launched

Investigations were launched into:

Faruk Eren, Ertuğrul Mavioğlu, Ayşe Düzkan, Erol Önderoğlu, Celalettin Can, Mustafa Sönmez, Melda Onur, Fehim Işık, Celal Başlangıç, Eşber Yağmurdereli, Ragıp Duran, Nurcan Baysal, Ömer Ağın, Ahmet Abakay, İhsan Çaralan, Işın Eliçin, Murat Çelikkan, Uğur Karataş, Öncü Akgül, Ayşe Batumlu, Sebahat Tuncel, Saruhan Oluç, Nadire Mater, Beyza Üstün, Mehmet Güç, Tuğrul Eryılmaz, Faruk Balıkçı, Şeyhmus Diken, Necmiye Alpay, Jülide Kural, Yıldırım Türker, Ahmet Nesin, Kemal Can, Şebnem Korur Fincancı, Hasip Kaplan, Nevin Erdemir, Tuğrul Eryılmaz, Hakkı Boltan, Cengiz Baysoy, Kumru Başer, Veysi Altay, Hasan Hayri Şanlı, Hasan Cemal, Deniz Türkali, Dicle Anter, Çilem Küçükkeleş, Said Sefaoğlu, Aydın Engin, İhsan Eliaçık and İmam Canpolat.

Verdict for non-prosecution

İhsan Eliaçık, Melda Onur, Sebahat Tuncel, Ahmet Abakay, Eşber Yağmurdereli, Hasip Kaplan, Işın Eliçin, Kemal Can, Mustafa Sönmez, Melda Onur, Uğur Karadaş

38 cases

The 38 people who are facing prosecution are as follows:

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, M. Ali Çelebi, 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.

Cases brought against 3 writers

Legal action was taken against Ömer Ağın for an article published under the editorship of Celal Başlangıç, against İmam Canpolat for an article published under the editorship of Cengiz Baysoy and against İlham Bakır for an article published under the editorship of Jülide Kural.
Of the 36 Editors-in-Chief on Watch, Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı were arrested in June 2016 and released 10 days after it.

15,750 Euros as well as 220 months and 15 days in prison

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 and Beyza Üstün have been convicted.

The above mentioned 18 people have been convicted to 15,750 Euros as well as 220 months and 15 days in prison.

Kızılkaya cases

Özgür Gündem Managing Editor İnan Kızılkaya is a suspect in all 38 cases. Kızılkaya's case is being combined with the main trial.
Özgür Gündem main trial

Özgür Gündem Consultant Board members, executives and writers Necmiye Alpay, Aslı Erdoğan, Ragıp Zarakolu, Filiz Koçali, Eren Keskin, Zana Kaya, İnan Kızılkaya, Kemal Sancılı and Bilge Oykut stand trial as a part of the main trial of Özgür Gündem daily. Kızılkaya and Sancıl are still arrested. (EA/DG)