Expression Interrupted

Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.

Prosecutor demands sentence for 6 journalists in "RedHack trial"

Prosecutor demands sentence for 6 journalists in

Prosecutor seeks conviction for Okatan, Öğreten, Yoksu, Kanaat, Çelik and Sargın for “illegally obtaining data” and additional sentences for “terrorism propaganda” for four of them. Next hearing set for 31 December

 

CANSU PİŞKİN, ISTANBUL

 

The “RedHack trial,” in which journalists Ömer Çelik, Metin Yoksu, Tunca Öğreten, Eray Sargın, Derya Okatan and Mahir Kanaat face various charges for news coverage of former Minister Berat Albayrak’s emails leaked by RedHack, resumed at the Istanbul 29th High Criminal Court on 9 December 2021.

 

This was the 13th hearing of the case, in which the journalists are charged with “terrorism propaganda” (TMK 7/2), “hindrance or destruction of a data processing system” (TCK 244/2), “committing crimes on behalf of a terrorist organization without being its member” (TCK 220/6) and “membership in a terrorist organization” (TCK 314/2).

 

P24 monitored the hearing. Öğreten and defense lawyers were in attendance as well as the lawyer representing Berat Albayrak.

 

The prosecutor, who submitted their final opinion to the court two days ahead of the hearing, requested that all six journalists on trial be convicted of “illegally obtaining or disseminating personal data” (TCK 136/1). The prosecutor sought additional sentences for Okatan, Sargın, Yoksu and Çelik for alleged “terrorism propaganda.” The prosecutor demanded Öğreten’s acquittal of “committing crimes on behalf of a terrorist organization” Kanaat’s acquittal of “membership in a terrorist organization” charges.

 

Hacer Korkmaz, the lawyer representing Berat Albayrak, said she agreed with the prosecutor’s final opinion regarding the sentences sought and asked the court to convict the journalists as charged.

 

Addressing the court in response to the prosecutor’s final opinion, Öğreten said: “I am happy that the prosecutor has finally understood, four years on, that I am not a terrorist group member. However, the prosecutor is seeking conviction for ‘obtaining or disseminating data.’ Had I obtained the said data I would have been the only defendant in this trial, because I wouldn't have shared it with other journalists. However, the former minister’s emails were leaked through Wikileaks. I do not accept being held responsible for a leak that is open to 7 billion people.” Öğreten demanded to be acquitted.

 

Öğreten’s lawyer Tuba Torun addressed the court next. Recalling the European Court of Human Rights judgment in the case of Öğreten, the lawyer requested Öğreten’s acquittal of all charges. “My client examined the leaked emails and compiled a news story as a journalist. He did not ‘disseminate personal data.’ He should be acquitted of this charge too,” Torun said. Noting that they recently discovered that the access block on Öğreten’s report had been lifted, the lawyer asked: “If personal data was disseminated, then why was the access block lifted?”

 

The lawyers representing Okatan, Çelik, Yoksu, Sargın and Kanaat requested additional time to prepare their statements in response to the prosecutor’s final opinion. They also asked the court to lift the judicial control measures imposed on their clients.

 

Granting the lawyers additional time and ruling for the continuation of the judicial control measures, the court adjourned the trial until 31 December 2021.

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