The 7th 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 (October 9).
After Erol Önderoğlu, Ahmet Nesin and Şebnem Korur-Fincancı participated in the campaign of "Editors-in-Chief on Watch" launched in solidarity with the Özgür Gündem newspaper, which was closed as per the Statutory Decree No. 675, a lawsuit was filed against them on charge of "propagandizing for a terrorist organization".
In the hearing that was held today, the court board ruled that the execution of the arrest warrant issued for Ahmet Nesin shall be awaited. Their next hearing will be held on January 28, 2019 at 11.30 a.m.
The court board ruled that it shall also be awaited until the expert opinion regarding the lawsuit shall be sent to the case file.
The 7th hearing of the case held today was attended by Şebnem Korur-Fincancı, Erol Önderoğlu and their attorneys. The attorneys of the defendants, who repeated their previous statements of defense, stated that they would present their statements after the expert opinion.
The court board consisted of the Presiding Judge Fahrettin Düzalan; members Kadir Karakoç, Fatih Akgün; and Prosecutor Ömürhan Dur.
Trials of Özgür Gündem Editors-in-Chief on Watch
The 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 into 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, 352 months and 15 days of prison sentence
Verdict 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.
Şanlı, Erdemir and Boltan have been acquitted.
Prison sentences of Çelikkan (18 months), Canpolat (15 months) not deferred
The 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.
Özgür 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 trial
In 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.
Kızılkaya and Sancılı are in detention on remand.
Dates of the hearings
* November 2, 2017, Said Sefa – İstanbul 22nd Heavy Criminal Court
* December 26, 2017, Erol Önderoğlu, Ahmet Nesin, Şebnem Korur Fincancı - İstanbul 13th Heavy Criminal Court
* December 28, 2017, Veysi Altay – İstanbul 22nd Heavy Criminal Court
* December 28, 2017, Can Dündar – İstanbul 22nd Heavy Criminal Court
* January 18, 2018, Ayşe Düzkan, Ragıp Duran - İstanbul 13th Heavy Criminal Court
* March 15, 2018, Faruk Eren, Ertuğrul Mavioğlu, Celal Başlangıç, Ömer Ağın, İhsan Çaralan, Celalettin Can, Fehim Işık, Öncü Akgül, Dilşah Kocakaya - İstanbul 14th Heavy Criminal Court.
* May 7, 2018, Faruk Eren, Ertuğrul Mavioğlu, Celal Başlangıç, Ömer Ağın, İhsan Çaralan, Celalettin Can, Fehim Işık, Öncü Akgül and Dilşah Kocakaya - İstanbul 14th Heavy Criminal Court
* September 4, 2018, Can Dündar and Veysi Altay - İstanbul 22nd Heavy Criminal Court
* October 9, 2018, Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı - İstanbul 13th Heavy Criminal Court
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