ANKARA - The anonymous witness “K8Ç4B3L1T5”, who was heard in the second hearing of the case against the journalists, stated that he was “acting on behalf of the state” and admitted that his allegations were “based on unconfirmed information”.
The second hearing of the case brought against 9 journalists, who were detained on October 25, 2022 and arrested on October 29 and released on June 16, as part of the investigation carried out by the Ankara Chief Public Prosecutor's Office, was held. The hearing of the case opened against Diren Yurtsever, Editor-in-Chief of the Mezopotamya Agency (MA), MA reporters Berivan Altan, Ceylan Şahinli, Deniz Nazlım, Emrullah Acar, Hakan Yalçın, Selman Gözelyuz and Zemo Ağgöz, JINNEWS reporters Habibe Eren and Öznur Değer and Mehmet Günhan, who worked as an intern at the MA Ankara office for a while was held at the Ankara 4th High Criminal Court.
Journalists Ağgöz, Nazlım, Gözelyuz, Yalçın and Günhan attended the hearing. Libertarian Lawyers Association (ÖHD), Contemporary Lawyers Association (ÇHD), Human Rights Association (İHD), MLSA, P24 and TGS also attended the hearing.
THE DEFENSE OF AĞGÖZ
The hearing started with identification and reading of the documents attached to the file. Zemo Ağgöz, who spoke first, stated that the lawsuit brought against them is not independent of the political atmosphere of Turkey. Ağgöz said: “Our journalism is being tried to be criminalized with empty claims. The charges against us are because of our work from the MA. I followed many cases at the courthouse, including the cases you presided over. Everything we write in those news is the information included in the records. Even the news we made about the Dedeoğulları Case has been the subject of accusations.”
Noting that the phone calls he made with his sister were the subject of accusations, Ağgöz said: "This situation did not have the character of a crime. The exchange of money in the MASAK reports is 'in the ordinary course of life'. I reported the news, I took the money for it. Shall I not?"
'I CANNOT BREAST MY BABY'
Drawing attention to the statements of witnesses, Ağgöz said: "Our journalism and the agency we work with are being questioned because of the hollow allegations. I could not breastfeed my 45-day-old baby because of these allegations. I had to come here with my 10-month-old baby because of these unfounded allegations. I requested that the judicial control requirement be lifted and that he be excluded from the hearings."
THE CLAIMS OF THE ANONYMOUS WITNESS
Afterwards, the anonymous witness "K8Ç4B3L1T5" was heard. The secret witness repeated the statement he gave in the prosecution interrogation. "K8Ç4B3L1T5" tried to illegalize the student activities of journalist Deniz Nazlım during his university years. It was noteworthy that the presiding judge asked the question, "Does Nazlım work at MA after DİHA on the orders of Duran Kalkan, codenamed Abbas, and the members of the affiliated organization?"
"K8Ç4B3L1T5" claimed that journalist Gözelyuz, who has not worked in Wan until now, works in Wan. The secret witness said that journalist Ceylan Şahinli was a reporter working in Ankara.
"K8Ç4B3L1T5" stated that s/he "doesn't have clear information" about journalist Habibe Eren and said "I think she is a member of a terrorist organization". Then, the statements of the anonymous witness during the prosecution's interrogation were read.
THE COURT LEFT THE QUESTION UNANSWERED
Journalists and lawyers heard anonymous witness statements for the first time from the courtroom. "K8Q4B3L1T5", who claimed to have obtained "information" about journalists because s/he worked at MA, said, "My statements are things that anyone who works at MA will know." The anonymous witness left the presiding judge's question "How long did you work in MA?" unanswered.
UNCONFIRMED INFORMATION FROM THE ANONYMOUS WITNESS!
Later, Özgür Erol, the lawyer of journalist Diren Yurtsever, spoke. Erol said: "We heard the statement you read for the first time. I asked the anonymous witness, 'When did you give the statement?'" The anonymous witness said "I don't remember."
Erol asked an anonymous witness whether he's concrete information that the Dicle Fırat Journalists' Association (DFG) was founded "with the order of an organization", the anonymous secret said that he did not have any concrete information and based it on unconfirmed information.
'I ACT ON BEHALF OF THE STATE'
Lawyer Erol then asked, “Did you engage in these activities on behalf of the state?” The answer of the anonymous witness was “yes”. The secret witness answered the question "Are you a public official" as "no".
ÇELİK: WE DID NOT GET INSTRUCTIONS FROM ANYONE
MA Privilege Holder journalist Ferhat Çelik was heard as a witness through SEGBİS. Stating that they signed contracts with the journalists who started the agency, Çelik said: "Many journalists on trial started working before taking over the agency. I am denying the allegation that the assignments were made 'with organizational orders'. We have a news centre. Naturally, we consult with reporters as needed. We sent Emrullah there because we needed him in Urfa. We did not receive any instructions from anyone." The president of the court asked, “Why do you always report in one way?” Çelik drew attention that they are doing a right-oriented journalism.
Journalist Gözelyuz demanded the removal of the judicial control order against them and the return of the confiscated digital materials. Gözelyuz said, “MA is a more legitimate agency than AA. You want to criminalize us and the MA employees."
The lawyers stated that they do not accept the adverse issues and stated that they will give detailed statements in the next stages. Lawyer Hülya Yıldırım demanded that all journalists be excluded from hearings.
THE HEARING WAS ADJOURNED
The court announced its decision after a short break. The court decided to continue the condition of judicial control and to reject the request for the return of digital materials. It was also decided to hear Özgür Baran and Hüseyin Dorudeniz as witnesses.
The next hearing was adjourned to October 26.