Sedat Yılmaz, who was jailed pending trial on 3 May, is charged with “establishing and administrating a terrorist organization” and “membership in a terrorist organization”

ARDIL BATMAZ, DİYARBAKIR

Mezopotamya news agency (MA) editor Sedat Yılmaz appeared before the Diyarbakır 4th High Criminal Court on 14 December 2023 for the first hearing of his trial on charges of “establishing and administrating an organization” and “membership in a terrorist organization.” Yılmaz was jailed pending trial on 3 May 2023, World Press Freedom Day, as part of an investigation carried out by the Ankara Chief Public Prosecutor’s Office.

P24 monitored the hearing, where Yılmaz was brought in from the Sincan No. 2 F Type Closed Prison. Among many others who observed the hearing were Journalists’ Union of Turkey (TGS) President Gökhan Durmuş, Committee for the Protection of Journalists (CPJ) Turkey representative Özgür Öğret and Dicle Fırat Journalists Association (DFG) Co-Chair Serdar Altan.

The hearing began after a delay of two-and-a-half hours due to computers in the courtroom malfunctioning. The presiding judge did not let journalists covering the hearing use their phones in the courtroom. The judge warned those in the courtroom saying, “I will have the room cleared if there is any trouble.” The judge then read out the charges against Yılmaz, after which the journalist addressed the court for his defense statement.

“Am I before you because I am a Kurdish journalist?”

Yılmaz started his statement by saying: “I am thrilled to have been given a hearing after eight months.” He said that the indictment against him would be a cause for shame in a democratic country.

Stating that he has been a journalist for 23 years, Yılmaz continued: “In countries such as Turkey, journalism has become risky and something to be avoided. If read carefully, it can be seen that the indictment is self-defeating. The secret witness ‘Ulaş’ claims that I have been the press and broadcasting officer for the organization since the 2000s. How could I have been an officer of the organization during my student days? An interview with me about professional solidarity that was published in ANF [News] was presented as if I was employed by the ANF. It is claimed that I have reported on behalf of the organization, but there are no such news reports to be found in the case file. If the prosecutor can present such a report, I will respond.”

Against allegations that he had traveled to Iraq illegally, Yılmaz said: “The secret witness gives the location, but not the time. If you separate space and time, reality is shattered. I am being accused of illegal travel without a single piece of evidence. If the prosecutor can provide the time and the place, I will prove where I was then.”

As Yılmaz continued his statement, he was warned by the presiding judge to hurry up.

Stating that he had moved from Istanbul to Diyarbakır for a better life, and for the education of and a better future for his child, Yılmaz said: “I wrote more than 1,000 reports yet no case has been filed against any of them. I am being accused of meeting with my sources and colleagues. I went to Suruç in 2014 as a journalist. The prosecutor accuses me of joining the protests but cannot provide evidence. There were many other journalists there in Suruç that day, who are not being accused. Am I here before you because I am a Kurdish journalist? The prosecutor keeps ‘interpreting,’ ‘evaluating’ and ‘concluding’ but presents no concrete evidence. All the posts I shared at the time are today presented as crimes because the circumstances have changed. Despite all, I believe that this court will uphold freedom of the press and freedom of expression.”

Secret witness: “Sedat Yılmaz is an important person for the organization”

After Yılmaz, the court heard the anonymous witness “Ulaş.” The witness claimed that Yılmaz was “directly connected” with PKK administrator Mustafa Karasu and that Yılmaz had crossed the Habur border crossing to travel to Qandil, where he held a meeting with Karasu. The witness also claimed that Yılmaz was “an important person for the terrorist organization.” The presiding judge had the minutes reflect that the witness was providing contradictory statements and asked the witness, “Which of these are we to believe?” Answering this question, the witness said that they had kept their statements to the prosecutor short "for fear that their identity would be revealed and the organization would come after them.”

Upon questioning by defense lawyers, the witness said that they had personally witnessed the meeting between Yılmaz and Karasu, but did not remember the date.

Another anonymous witness, code named “K8Ç4B3L1T5,” was heard afterwards. This second witness claimed that Yılmaz had been active in the press committee of the organization and was the person who decided which news would be published by the MA.

Prosecutor requests pre-trial detention to be sustained

The prosecutor requested the continuation of Yılmaz's pre-trial detention citing "the nature of the impugned crime." In response to the prosecutor's request, Yılmaz demanded to be released.

Following Yılmaz, his lawyers addressed the court. Lawyer Şule Recepoğlu said: “Many journalists traveled to Qandil in 2014 during the peace process with permission from the state. Yılmaz was there as a journalist and he did not hide this information. The secret witness testified by reading from a script. They do not have information." Recepoğlu added: "Yılmaz has previously faced an investigation due to being an opposition journalist and that investigation was dismissed.”

Lawyer Veysel Ok said that the prosecutor had done their best to hide the evidence in favor of Yılmaz and added: “Sedat Yılmaz did not cross the Habur border crossing but went to Qandil by legally taking a flight from the Atatürk Airport. That secret witness ‘K8Ç4B3L1T5’ is a state official, it is clear and unambiguous from their own statements that they work for the state.”

Lawyer Resul Temur said that the statements by the witnesses should not be taken as a basis for the judgment. Asserting that the statements by anonymous witness "Ulaş" were contradictory, Temur said: “In this hearing, the witness did not expand on but corrected their statements. We request the release of our client.”

Issuing its interim ruling after a recess, the court decided to release Yılmaz under an international travel ban and adjourned the trial until 29 February 2024.