Former Taraf reporter Mehmet Baransu sentenced to a combined prison term of 17 years and 1 month on four different charges under the Turkish Penal Code and the Law on the State Intelligence Services and the National Intelligence Organization

CANSU PİŞKİN, ISTANBUL

The trial of Mehmet Baransu, a former reporter for the shuttered Taraf daily, and Murat Şevki Çoban, the newspaper’s former responsible editor, resumed on 23 November 2020 at Istanbul’s Anadolu 2nd High Criminal Court.

The journalists were on trial over a news report published in November 2013, titled “Gülen’i bitirme kararı 2004’te MGK’da alındı” (Decision to finish off Gülen was taken at the 2004 National Security Council meeting).

Baransu, who is jailed in the Silivri Prison, addressed the court via the judicial videoconferencing network SEGBİS. Çoban, who did not attend, was represented by his lawyer, Figen Albuga Çalıkuşu. Baransu's lawyer Yahya Engin and a lawyer representing the General Secretariat of the National Security Council and the National Intelligence Organization (MİT) were present ,n the courtroom. No spectators were allowed in the courtroom due to Covid-19 measures.

"Documents do not contain an element of crime"

At the previous hearing, the presiding prosecutor had submitted his final opinion and demanded conviction for both journalists for “exposing documents related to the security of the state” and “exposing documents of the MİT.”

At the final hearing, the participating party’s attorney, who made a statement against the final opinion, demanded Baransu and Çoban’s conviction. Çoban's lawyer Çalıkuşu stated that her client had no criminal liability since the author of the article that is the subject of the accusation is known. “Documents subject to the alleged crime neither contain an element of crime nor are they confidential. Also, the prosecution was launched after the expiry of the statute of limitations prescribed in law,” Çalıkuşu said, demanding Çoban’s acquittal.

"I want a fair trial"

In his final defense statement, Baransu said: “I want a fair trial. Fair trial is my right.” Reminding that the case was not filed within the timeframe specified by the law, Baransu asked for an evaluation and dismissal decision as per the Press Law. Reiterating a recent statement by Justice Minister Abdülhamit Gül concerning the rule of law, Baransu said: “Now I am expecting justice from your panel. There is talk that there will be a [judicial] reform, that the law must be followed, then it should start here and now. I demand my acquittal.”

Baransu's lawyer Yahya Engin also reminded that the case was opened well after the four months stipulated in the Press Law, and requested the dismissal of the case and the acquittal of his client: “The prosecution is seeking conviction under Article 326 of the Turkish Penal Code, but it is unclear why this accusation is in the indictment. There is no act of securing a confidential document. There is no crime committed; on the contrary, there is a disclosure of crime. Initially, we demand acquittal; if the court is of contrary opinion, we request a decision be made according to the Press Law.”

Çoban acquitted

Issuing its judgment at the end of the hearing, the panel acquitted Çoban of all charges but sentenced Baransu to 3 years and 4 months for “Securing confidential information related to the security of the state” (TCK 327/1), 6 years and 3 months for "Exposing confidential information related to the security of the state" (TCK 329/1); 4 years and 2 months for "Unauthorized acquisition of documents and information concerning MİT’s duties and operations” (MİT Law 27/1) and 3 years and 4 months for “Disclosing the contents of documents and information concerning MİT’s duties and operations through the press” (MİT Law 27/3). In total, Baransu was sentenced to 17 years and 1 month in prison.