In the second hearing in the trial of Mezopotamya news agency editor Yılmaz, the prosecutor requested sentencing, but the court ruled for acquittal on inadequate evidence

ÖZKAN KÜÇÜK, DİYARBAKIR

The second hearing in the trial of Mezopotamya Agency (MA) editor Sedat Yılmaz on charges of “membership in a terrorist organization” and “establishing and administrating a terrorist organization” over testimonies of open and secret witnesses, Yılmaz’s records of overseas travel and hotel stays, and social media posts was held at the Diyarbakır 4th High Criminal Court on 29 February 2024.

Yılmaz and his lawyers Resul Temur, Şule Recepoğlu and Veysel Ok attended the hearing, which P24 monitored. The hearing was also observed by representatives of many professionals’ organizations and Yılmaz’ fellow journalists.

Presenting their final opinionon the case, the prosecutor for the hearing requested sentencing for Yılmaz on the charge of “membership in a terrorist organization.”

Speaking afterwards, journalist Sedat Yılmaz noted that his journey to the Suruç district of Şanlıurfa for reporting had been presented as an element of crime in the indictment and that he presented copies of his news items from the time as well as news items prepared by other journalists in Suruç to the court. Yılmaz said he had travelled to Kandil for reporting, did not do so covertly, that the secret witness’ testimony regarding him was self-contradictory and that he had not received instructions from anyone. Yılmaz said he did not agree with the indictment and requested his acquittal.

Şule Recepoğlu, one of Yılmaz’s lawyers, said that the investigation had been filed on grounds of inadequate inquiry and it was later attempted to bolster it with retrospective inquiries.

Lawyer Recepoğlu said that Financial Crimes Investigation Board (MASAK) records were in favor of her client and added, “That my client was in Suruç, was engaged in journalistic activities and HTS records are being presented as the grounds of the accusations.”

Lawyer Recepoğlu said that the charges in the case file were unfounded and added, “My client was kept in remand for a long time, and we request his acquittal as there is no evidence against him.”

Speaking for the defense, lawyer Veysel Ok said, “The investigation has been unlawful at every stage from the beginning. It is unlawful to accuse someone of being a member in a terrorist organization for staying at the same hotel as someone who was a defendant in a court case. A journalist cannot be accused and terrorized just because he went to Suruç, stayed at an hotel and reported on the news,” and requested the acquittal of his client.

Lawyer Resul Temur requested his client’s acquittal, reminding the court that as per article 9/8 of the Law on Witness Protection, testimonies by secret witnesses do not provide sufficient grounds for sentencing.

Announcing its verdict, the court ruled to acquit Yılmaz on grounds of lack of adequate evidence and lifted the ban on Yılmaz travelling abroad. Yılmaz has a right to seek compensation for the duration of time he spent in remand.

Background of the case

Sedat Yılmaz was detained in Diyarbakır on 29 April 2023, as part of an Ankara-based operation, and was imprisoned pending trial on 3 May 2023. The indictment, which was filed on 18 July 2023 upon the completion of the investigation carried out by the Ankara Chief Prosecutor’s Office against 49 people, five of whom had been put in pre-trial detention, was presented to the Ankara 28th High Penal Court. The court rejected the indictment and returned it to the prosecutor’s office on 27 July 2023. In its justification for rejecting the indictment, the court pointed out that the investigation launched against the detained and imprisoned suspects had been carried out collectively, despite there being no legal or actual connection between them and requested the indictment to be filed individually for each suspect.

The court also declined the objection by the prosecutor’s office. The prosecutor’s office then filed an indictment against Yılmaz on charges of “membership in a terrorist organization” and “establishing and administrating a terrorist organization.” The same court also rejected this indictment and ruled to recuse itself due to incompetence on 21 September 2023. In this ruling, the court stated that as the alleged actions had taken place in Diyarbakır, the indictment should be filed with the Diyarbakır High Criminal Courts. At the first hearing held on 14 December 2023, Yılmaz was released with a ban on travelling abroad.