The trial of journalist Dicle Müftüoğlu on “terrorism” charges has gotten underway in Diyarbakır. The court has ruled for the continued remand of Müftüoğlu

ÖZKAN KÜÇÜK, DİYARBAKIR

 

The first hearing in the trial of journalist and Dicle Fırat Journalists Association (DFG) Co-Chair Dicle Müftüoğlu, who has been kept at the Sincan Closed Women’s Prison for more than seven months, on charges of “membership in a terrorist organization” and “establishing and administrating a terrorist organization” was held at the Diyarbakır 5th High Criminal Court on 7 December 2023.

 

While Dicle Müftüoğlu attended the hearing from the Sincan Women’s Closed Prison via the judicial videoconferencing system, her lawyers and many observers were present in the courtroom.

 

Among those present for the hearing were Journalists Union of Turkey (TGS) Secretary General Banu Tuna, Committee for the Protection of Journalists (CPJ) Turkey representative Özgür Öğret, Media and Law Studies Association (MLSA) Co-Director Veysel Ok and legal department coordinator Emine Özhasar, Dicle Fırat Journalists Association (DFG) administrators and Co-Chair Serdar Altan, Southeastern Journalists Association (GGC) President Felat Bozarslan, International Press Institute (IPI) Turkey representative Zeyneb Gültekin, Mezopotamya Women Journalists Association President Roza Metina, Peoples’ Equality and Democracy Party (HEDEP) MPs for Diyarbakır Adalet Kaya and Ceylan Akça, as well as Müftüoğlu’s family and colleagues.

Journalist Abdurrahman Gök, who was released the previous day, was also among the observers.

 

 

Müftüoğlu: “It is the freedom of the press and expression that is on trial”

 

Beginning her defense by greeting those who had come to monitor the hearing, Müftüoğlu said, “When I read the indictment, I saw that along with me, it is the freedom of the press and expression that is on trial. Therefore, I will present my defense in this framework.”

 

Müftüoğlu stated that the indictment had presented her professional activities as activities on behalf of a terrorist organization and continued as follows: “I did not travel abroad at all in 2014, when, according to the witness who testified against me I went abroad for organizational activities. At the time, I suffered from severe health issues which prevented me from travelling. I went to Iraq, not on the date listed in the indictment, but in 2017, to report on the referendum as a journalist.”

 

Müftüoğlu said that the secret witness had claimed that all her professional activities were undertaken following directives and continued: “It is clear that the secret witness has never heard of the profession of journalism. He/she depicts the professional hierarchy in journalism as receiving commands from an organization. They accuse me of receiving directives, yet those who practice journalism under directions today are the mainstream media who stay quiet whatever happens before they receive their instructions. At the Roboski Massacre, we all saw how the mainstream media waited for instructions for 13 hours before they could report on it. But we did not wait for instructions from anyone to report on the story and let the whole world know about the massacre.”

 

Müftüoğlu said, “The indictment interprets me being the co-chair of the Dicle Fırat Journalists Association as a terrorist organizational activity” and added that the association was a legal professionals’ association that carried out its activities affiliated with the Ministry of Interior and according to its founding charger, for the purposes of solidarity with journalists.

 

“Money my brother sent me was considered organization financing”

 

Speaking about the HTS records, Müftüoğlu said that the phone conversations she had had with her fellow journalists and news sources, which should be considered to fall under the right to communication, were depicted as illegal undertakings to fill up the indictment.

 

Turning to other allegations against her, Müftüoğlu said “One of the allegations, through which I was deprived of my freedom for more than seven months, concerns my hotel stays. That I stayed at the same hotel as my father was considered an organizational activity. Another hotel stay was when I attended a conference in Dersim as a journalist. I carried out many interviews there, which were published. There are also Financial Crimes Investigation Board (MASAK) reports in the indictment. Money sent to me by my brother was considered a financial transaction for the organization. All these transfers are small sums and would not be enough for organizational activities as it is claimed.”

 

Müftüoğlu ended her defense statement by saying “I am a journalist, and all my activities fall under journalism, I request my release.”

 

Asked for the final opinion, the prosecutor for the hearing requested the continuation of Müftüoğlu’s imprisonment.

 

 

Attorney Temur: “The real reason why our client was imprisoned are her professional activities”

 

Delivering a statement for the defense, lawyer Resul Temur said that Kerem Gökalp, who is listed in the indictment as a witness had turned state’s evidence and said, “Why was the witness shown photos of our client, when he had not named her in his confessions? It is clear that the witness was made an offer he could not refuse. A secret witness was used to strengthen the claim that our client was undertaking illegal activities. The said secret witness is revealed to have been working for the state was in the statement they gave to the judge.”

 

Attorney Temur said, “The real reason why our client was imprisoned pending trial are her professional activities” and requested that the witnesses not having been heard should not be considered grounds for the continuation of remand and requested the release of his client.

 

Interim order issued before defense statements completed

 

The court issued its interim order for the “continuation of remand” after lawyer Resul Temur’s statement for the defense, before other defense lawyer could speak and before Müftüoğlu’s counter-statement against the prosecutor’s opinion was heard.

 

Lawyer Veysel Ok objected to the court issuing an interim order before they were heard. Although the presiding judge said that they were mistakenly under the impression that lawyer Resul Temur would present the defense statement on behalf of all defense lawyers, Ok requested that the minutes reflect the situation and delivered a defense statement despite the interim order.

 

In his statement lawyer Ok said, “As someone who has studied the law, the prosecutor would be expected to present better legal grounds in the indictment. There are pages in the indictment which use police language.” Ok said that the MASAK report was in keeping with his client’s professional activities and therefore favored his client.

 

Emine Özhasar, the other lawyer for the defense reacted to the judge issuing an interim order without the defense statements being completed by saying, “I do not request the release of our client. You have already made your decision.”

 

The panel of judges ruled for a writ to be issued to receive the testimonies of witness Kerem Gökalp and the secret witness and for the continuation of Müftüoğlu’s remand.

 

The next hearing is scheduled for 18 January 2024.

 

Press statement read outside the courthouse

Following the hearing, representatives of press organizations and others who were observing read a press statement outside the courthouse. They emphasized that the crackdown brought down on journalists was intended to prevent them from carrying out their professional activities and that journalism is not a crime.

 

Background of the case

 

DFG Co-Chair Dicle Müftüoğlu and Mezopotamya news agency editor Sedat Yılmaz were among those arrested in operations held in 15 provinces on 29 April 2023 as part of an Ankara-based investigation.

 

Müftüoğlu and Yılmaz had been imprisoned pending trial by the Ankara Criminal Court of Peace on Duty on 3 May World Press Freedom Day.

 

Müftüoğlu was placed in the Sincan Closed Women's Prison in Ankara.