Can Dündar, a well-known journalist and the former editor-in-chief of Cumhuriyet daily, was jailed on 26 November 2015 along with the newspaper’s Ankara representative Erdem Gül in connection with a news report on alleged transfer of weapons to insurgents in Syria on trucks operated by the National Intelligence Organization (MİT).

 

The two journalists were arrested for "acquiring documents related to the security of the state," "political and military espionage," "disclosing classified documents" and "spreading propaganda for a terrorist organization."

 

Release based on Constitutional Court judgment

 

Ninety-two days into their imprisonment, on 25 February 2016, Dündar and Gül were released based on a Constitutional Court judgment, which held that their detention violated their right to liberty and security and freedom of expression and freedom of the press.

 

Conviction 

 

At the final hearing of their trial, on 6 May 2016, Dündar was handed down a prison sentence of 5 years and 10 months for "obtaining and disclosing classified documents related to the security of the state." The court acquitted both Gül and Dündar of "attempting to overthrow the government" charge. The court separated the "aiding FETÖ/PDY without being its member" charge. The court dismissed the "espionage" charge, saying no connections with a foreign nation or a terrorist organization could be determined.

 

During a recess on the day of the hearing, an armed man shot at Dündar outside the Istanbul Courthouse. Dündar escaped the assault without injury.

 

On 21 September 2016, the case against Dündar and Gül on the charge of "aiding a terrorist organization without being its member" was merged with the trial against main opposition CHP lawmaker Enis Berberoğlu, a former journalist, who allegedly gave the MİT trucks footage to Dündar. Submitting their final opinion on 11 January 2017, the prosecution requested the court to convict all three of "aiding a terrrorist organization without being its member" under Article 220/7 of the Turkish Penal Code (TCK). The prosecutor additionally sought an aggravated life imprisonment sentence for Berberoğlu on the charge of "Disclosing confidential information for espionage purposes."

 

On 14 June 2017, the Istanbul 14th High Criminal Court sentenced Berberoğlu to aggravated life imprisonment for "espionage." The sentence was reduced to 25 years. The court also ruled for his immediate arrest on the grounds of "flight risk." The "aiding a terrorist organization" charge against all three was separated.

 

Trial on "aiding a terrorist organization" charge

 

During the second hearing of this case, held on 20 December 2017 at the Istanbul 14th High Criminal Court, the prosecutor demanded up to 15 years in prison for Dündar, Gül and Berberoğlu.

 

At the fourth hearing held on 16 February 2018, the court ruled to merge a new indictment against Dündar on the charges of "Obtaining and disclosing information that must remain confidentail for reasons relating to the security or domestic or foreign interests of the state for political or military espionage purposes" under TCK 328 and TCK 330 with the ongoing case. Dündar and Gül's lawyers asked the court to wait for the outcome of the appeal, and the verdict in the "MİT trucks case" to become final.

 

At the ninth hearing of this trial, held on 6 February 2019, the court ruled to separate the file against Dündar. On 15 May 2019, Dündar's file was merged with the retrial of the "MİT trucks case" against him.

 

 

Supreme Court of Appeals judgment

 

In March 2018, the 16th Criminal Chamber of the Supreme Court of Appeals reversed Dündar and Gül's conviction for "obtaining and disclosing classified documents related to the security of the state” in the "MİT Trucks case." Ordering a retrial, the Supreme Court of Appeals ruled that Dündar should have been charged with "espionage" while Gül should have been acquitted.

 

Retrial of "MİT Trucks case"

 

The Istanbul 14th High Criminal Court started the retrial of Dündar and Gül in the "MİT trucks case" on 7 May 2018. The court separated Gül’s file from this case. He was later acquitted.

 

In the meantime, Turkish authorities applied to Germany, seeking Dündar’s extradition to Turkey.

 

The third hearing of Dündar's retrial took place on 6 February 2019. The court ruled to wait for the outcome of the request filed with German authorities for Dündar's extradition and set 15 May 2019 as the date for the next hearing. The court also ruled to merge two other files against Dündar overseen by the same court with the ongoing case on the grounds of "legal and de facto connection." In the merged files, Dündar is charged with "aiding a terrorist organization without being its member" (TCK 220/7) and "obtaining and disclosing information that must be kept confidential for reasons relating to the security and political or military interests of the state for espionage purposes" (TCK 328 and 330).

 

On 7 October 2020, the court issued an interim ruling, declaring Dündar a "fugitive" and ordering the permanent seizure of his assets.

 

During the 11th hearing of the retrial, which took place on 14 October 2020, the prosecutor presented his final opinion, asking the court to convict Dündar of "Obtaining information that must be kept confidential for reasons relating to the security or domestic or foreign political interests of the state for political or military espionage" (TCK 328) and "aiding a terrorist organization without being its member” (TCK 220/7).

 

During the 12th hearing on 4 December 2020, Dündar's lawyers submitted a request for the recusal of the judges. The panel rejected the request and adjourned the trial until 23 December 2020 for Dündar's lawyers to appeal the decision with the next court of first instance.

 

Conviction in retrial 

 

On 23 December 2020, Dündar was given a combined prison sentence of 27 years and 6 months on two charges in his retrial the “MİT trucks case.”

 

The Istanbul 14th High Criminal Court sentenced Dündar to 18 years and 9 months for "Obtaining information that must be kept confidential for reasons relating to the security or domestic or foreign political interests of the state for political or military espionage" under TCK 328 and 7 years and 21 months for "knowingly and willingly aiding a terrorist organization without being its member” (TCK 220/7). Dündar was acquitted of "Disclosing information that must be kept confidential for reasons relating to the security or domestic or foreign political interests of the state” (TCK 330). The court separated the merged 2018 file against Dündar.

 

Cumhuriyet trial

 

Dündar was also among defendants in the Cumhuriyet trial, facing up to 15 years in prison on the charge of "aiding a terrorist organization without being its member." On 30 October 2016, the court issued an arrest warrant for Dündar as part of this trial. At the final hearing of the Cumhuriyet trial on 25 April 2018, the court ruled to separate the files of Dündar and İlhan Tanır, who both face arrest warrants as part of the case.

 

Özgür Gündem solidarity trial

 

On 22 December 2016, another arrest warrant was issued for Dündar in a case in which he faces up to 3 years in prison for "publishing statements by terrorist organizations" for participating in a 2016 campaign to support the pro-Kurdish Özgür Gündem daily, which was closed down later that year under an emergency decree. Dündar was one of the scores of journalists who symbolically edited Özgür Gündem for a day in the summer of 2016 as part of the campaign.

The next hearing in this trial is set for 24 December 2020 at the Istanbul 22nd High Criminal Court. Ruling to wait for the execution of the arrest warrant for Dündar and the response to a letter rogatory issued for Dündar’s statement to be taken in Germany, the court adjourned the trial until 24 June 2021.

 

"Gezi Park trial"

 

Dündar was also among 16 defendants accused of "attempting to overthrow the government" and facing an aggravated life imprisonment sentence in the Gezi Park indictment, issued in February 2019. The 657-page document alleged that the defendants attempted to set Turkey's 2013 Gezi Park protests into motion beginning in 2011; and "financed" and "orchestrated" the demonstrations. Another arrest warrant has been issued for Dündar as part of this case.

 

At the final hearing of the Gezi Park trial on 18 February 2020, the Istanbul 30th High Criminal Court separated the file against Dündar and six other defendants who live abroad because they failed to attend hearings.

 

Their first hearing was held on 15 September 2020. Dündar is on trial alongside actors Memet Ali Alabora and Pınar Öğün, Open Society Foundation employee Gökçe Yılmaz, writer Handan Meltem Arıkan, Civil Society Development Center (STGM) coordinator Hanzade Hikmet Germiyanoğlu and NGO employee İnanç Ekmekçi.

 

On 28 April 2021, the Istanbul 30th High Criminal Court decided to merge the file against Dündar and his six co-defendants with the main trial, which was remanded to the trial court in January 2021, when the 3rd Criminal Chamber of the Istanbul Regional Court of Justice overturned the acquittals of nine other defendants in the case, including imprisoned businessman and civil society leader Osman Kavala.

 

 

The Gezi Park trial resumed on 21 May 2021 at the Istanbul 30th High Criminal Court. In its interim ruling, the court decided to wait for the execution of the arrest warrants for defendants who have failed to attend hearings so far, including Can Dündar, and to review the case file for the “Çarşı trial” to decide on whether to merge with the present case. The next hearing of this trial is set for 6 August 2021.

 

Court issues new arrest warrant and request for Interpol red notice

 

On 8 June 2021, the Istanbul 14th High Criminal Court held the first hearing of a case where Can Dündar is charged with "Obtaining information that must be kept confidential for reasons relating to the security, or domestic or foreign political interests of the State, for political or military espionage" under Article 328 of the Turkish Penal Code (TCK), which carries a penalty of 15 to 20 years in prison, and "Disclosing information that must be kept confidential for reasons relating to the security, or domestic or foreign political interests of the State, for political or military espionage" under TCK 330, which is punishable by life imprisonment. The charges stem from a YouTube video by Dündar, dated 1 March 2017. The case, initially filed in 2018, was first merged with the main "MİT Trucks trial" against Dündar. At the final hearing of the "MİT Trucks trial" in December 2020, the court ruled to separate the file since Dündar's statement in response to accusations in this file had yet to be taken.

 

The indictment alleges that Dündar's video breached a gag order issued by the Adana Chief Public Prosecutor's Office concerning the 2014 MİT Trucks investigation.

 

As in the "MİT Trucks trial," the court ruled that courtroom hearings would be closed to the public. Ruling to issue a new arrest warrant for Dündar and to launch procedures for an Interpol red notice to be issued against Dündar and a requisition for his extradition from Germany, the court adjourned the trial until 6 October 2021. Dündar is already facing an arrest warrant issued earlier as part of the "MİT Trucks case," which is currently pending before the Supreme Court of Appeals.