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27-Jan-2020 | ||||||
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Case Background:
![]() Mehmet Baransu, a former columnist for shuttered Taraf newspaper, and the daily’s former Managing Editor Murat Şevki Çoban are being accused of “possessing and revealing secret documents in relation to national security” over an article published in 2013. The case was filed upon the National Intelligence Agency’s (MİT) complaint, claiming journalists possessed secret MİT documents and had revealed them via the press. The prosecution is asking for a sentence up to 52 years for both Baransu and Çoban. Mehmet Baransu was already arrested on March 2, 2015, on charges of “revealing information that is to be kept secret for the security and political benefit of the state”. Baransu was also given a 10-month prison sentence in June 2015 on the separate charge of insulting President Erdoğan in a series of tweets. Baransu and four other Taraf journalists are being tried on several charges in another case in relation to an alleged military coup plan named the “Balyoz operation” in 2010. Journalists are accused of “revealing state secrets” over their reports at the time of the generals’ trials who allegedly planned the Balyoz operation. The generals were acquitted of all charges, yet the journalists’ trial continues. The most recent hearing of the case against Baransu and Çoban took place on October 17,2018. The trial was adjourned in order missing documents to be completed and 17th hearing will take place on December 12, 2018. 10 December 2019: The trial of the now-defunct Taraf newspaper’s former executives and its reporter Mehmet Baransu for allegedly publishing a classified military document called “Egemen Operation Plan” resumed on 10 December 2019 at the 13th High Criminal Court of Istanbul. The defendants of the case, Mehmet Baransu, Ahmet Altan, Yasemin Çongar, Yıldıray Oğur and Tuncay Opçin stand accused of “procuring, exposing and destroying classified documents concerning the security of the state.” P24 monitored the three-day hearing. On the first two days of the hearing, Baransu, the only jailed defendant in the case, presented his defense statement. On the third day, the court heard Esra Konur, Baransu’s ex-wife, Ömer Konur, the father of Esra Konur, and Bülent Çakmak, the superintendent of the apartment block where the Konurs reside, all of whom had testified against Baransu during the investigation, as witnesses. Issuing an interim decision at the end of the hearing on 12 December, the court ruled for the continuation of Baransu’s detention on remand and to send the case file to the prosecution for the drafting of their final opinion following the completion of the motions to be submitted by Bransu’s lawyer for the expansion of the investigation. The court set 8, 9 and 10 April 2020 as the dates for the next hearing. 4 December 2019: The trial of Mehmet Baransu, a former reporter for the shuttered Taraf daily, and Murat Şevki Çoban, the newspaper’s former responsible editor, over a news report published in November 2013 resumed on 4 December 2019 at Istanbul’s Anadolu 10th High Criminal Court. This was the 22nd hearing in the trial, where the journalists are charged with “acquiring documents related to the security of the state,” “exposing documents related to the security of the state” and “exposing documents of the National Intelligence Agency (MİT).” Baransu, who submitted a letter of excuse to the court, did not attend the hearing and was represented by his lawyer. Çoban, who gave his statement earlier in the trial, was represented by lawyer Figen Albuga Çalıkuşu. The prosecutor presented his final opinion, asking the court to rule for non-jurisdiction and transfer the case file to the Anadolu 2nd High Criminal Court on the grounds that the alleged offense was committed through the press. Issuing its verdict at the end of the hearing, the court ruled for the case file to be transferred to Anadolu 2nd High Criminal Court for lack of jurisdiction on the grounds that the alleged crime “was committed through the press.” The case will now be overseen by the Anadolu 2nd High Criminal Court.
“Taraf MGK report trial” adjourned until December
The trial of Mehmet Baransu, a former reporter for the shuttered Taraf daily, and the newspaper’s former responsible managing editor, Murat Şevki Çoban, resumed on 24 October 2019 at Istanbul’s Anadolu 10th High Criminal Court. Baransu and Çoban stand accused of “acquiring documents related to the security of the state,” “exposing documents related to the security of the state” and “exposing documents of the National Intelligence Agency (MİT)” 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 by MGK in 2004). Both face possible prison terms of 25 to 52 years. This was the 21st hearing in the trial. P24 monitored the hearing, where Baransu addressed the court via the judicial video-conferencing system SEGBİS from the Silivri Prison, where he is in pre-trial detention as part of another ongoing trial. Çoban, who gave his statement earlier in the trial, was represented by his lawyer, Figen Albuga Çalıkuşu. Baransu’s lawyer Yahya Engin and the lawyer representing the co-plaintiffs National Intelligence Agency (MİT) and the National Security Council (MGK) were also in attendance. Addressing the court first, the plaintiffs’ lawyer said they rejected the prosecution’s opinion submitted in the previous hearing, in which they asked the court to rule for non-jurisdiction and send the case file to the Anadolu 2nd High Criminal Court on the grounds that the alleged offense was committed through the press. Arguing that the alleged offense did not fall within the framework of “crimes committed through the press,” the lawyer asked the court to issue their verdict. Baransu addressed the court next, asking the court to take into consideration the four-month statute of limitations in Turkey’s Press Law and to drop the case. Lawyers representing Çoban and Baransu also addressed the court, asking the panel to rule for non-jurisdiction in line with the prosecutor’s opinion or to dismiss the case considering the statute of limitations in Press Law if the panel was not of the same opinion. The prosecutor then asked for a continuance to review the case file in light of the objections. The court granted the prosecution additional time and adjourned the trial until 4 December 2019. Journalist Emre Orman sent to prison
The trial of Mehmet Baransu, the former reporter of shuttered Taraf newspaper and the paper’s former responsible managing editor,.Murat Şevki Çoban, resumed on 24 September 2019 at Istanbul’s Anadolu 10th High Criminal Court. Baransu and Çoban stand accused of “acquiring documents related to the security of the state,” “exposing documents related to the security of the state” and “exposing documents of the National Intelligence Agency (MİT)” 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 by MGK in 2004). Both face possible prison terms of 25 to 52 years. This was the 20th hearing in the trial. P24 monitored the hearing, where neither Baransu nor Çoban were in attendance. They were both represented by their lawyers. The hearing began two hours later than scheduled. The prosecutor, who was expected to submit his final opinion of the case during this hearing, instead requested the court to issue a decision of non-jurisdiction and send the case file to the Anadolu 2nd High Criminal Court on the grounds that the alleged offense was “committed through the press.” Accepting the lawyers’ request for a continuance to prepare their statements in response to the prosecutor’s opinion, the court adjourned the trial until 24 October 2019.
Baransu, the only jailed defendant in the case, who was brought to the courtroom from the Silivri Prison accompanied by gendarmerie, continued presenting his defense statement on the first day of the hearing, which was planned to continue for three days. Taraf’s former executives Ahmet Altan, Yasemin Çongar and Yıldıray Oğur were not in attendance because they are exempt from personal appearance in court. Çongar and Altan were represented in court by lawyer Figen Albuga Çalıkuşu while Oğur was represented by lawyer Gülçin Avşar. The hearing scheduled for 28 August did not take place because the court failed to send a summons to the Silivri Prison for Baransu to be brought to the courthouse. Baransu continued making his defense statement on the third day of the hearing on 29 August. In its interim ruling at the end of that hearing, the court ordered the continuation of Mehmet Baransu’s detention on remand on the grounds of “the nature and type of the alleged crime” and because he “has still not completed his defense statement.” The court set 10-11-12 December 2019 as the dates for the next hearing.
Mehmet Baransu ordered to remain behind bars
The trial of the former executives of the shuttered daily Taraf and its reporter Mehmet Baransu resumed on 11 July 2019 at the 13th High Criminal Court of Istanbul. The accusations in the case stem from the alleged publication of a document called “Egemen War Plan.” P24 monitored the two-day hearing, where Baransu, the only imprisoned defendant in the case, who is in pre-trial detention in the Silivri Prison, was in attendance to continue with his defense statement. Former Taraf executives Ahmet Altan, Yasemin Çongar and Yıldıray Oğur, who are exempt from personal appearance in court, did not attend. They were represented by their lawyers. Following Baransu’s statement, Altan and Çongar’s lawyer Figen Albuga Çalıkuşu addressed the court, saying there was a mistaken opinion about the subject matter of the trial and that Baransu had been going on about the Balyoz documents in his defense statement although this is of no relation to the present case. “This trial is not about Taraf’s coverage of the Balyoz [sledgehammer] coup plan. The CD’s that included information about the Balyoz coup are unrelated to this case. This trial is about documents that were not among those which the trial at the 4th High Criminal Court was based on,” Çalıkuşu said. “The document called ‘Egemen war plan’ was uncovered in 2008 among the Turkish Armed Forces’ [TSK] archives of classified documents. The allegation is that the said document was stolen from the archives and leaked to the Greek press. But the TSK has been asserting that this very document had been destroyed the same year. And Taraf’s coverage at the time did not include these documents,” she added. Following the completion of statements by lawyers, the prosecutor requested the continuation of Baransu’s detention on remand. Issuing an interim ruling at the end of the two-day hearing, the court ordered the continuation of Baransu’s detention. The court also ruled to separate the file against Baransu concerning the charge of “membership in a terrorist group” to be sent to a criminal court in Mersin, which is also overseeing another criminal case against Baransu. Also ruling to wait for the execution of the arrest warrant against Tuncay Opçin, the fifth defendant in the case, the court adjourned the trial until 27, 28, 29 August. 4 February 2019: Trial into former Taraf executives and reporter adjourned until March
The 11th hearing in a case against former executives of the shuttered Taraf daily and the newspaper’s reporter Mehmet Baransu was held on 4 February at the 13th High Criminal Court of Istanbul. Trial of Taraf executives and reporter Baransu adjourned until January;
The 10th hearing in a case against former executives of the shuttered Taraf daily and the newspaper’s reporter Mehmet Baransu was held on 1-2 November at the 13th High Criminal Court of Istanbul.
Turkish court rules to keep journalist Baransu in prison
Baransu, who was arrested in March 2015 for allegedly obtaining and publishing secret state documents in connection with the disclosure of a war plan called the Egemen (Sovereign) Operation Plan, continued to deliver his defense at the İstanbul 13th High Criminal Court on Friday. Baransu is charged with “possession of documents classified as state secrets,” “exposing classified information crucial to state security and interests” and allegedly “damaging, procuring or stealing documents concerning the security of the state or using said documents outside their intended purpose” in the indictment for this case, overseen by the İstanbul 13th High Criminal Court. According to information shared by @P24DavaTakip, which follows the trials of jailed journalists in Turkey, Baransu said in his defense: “I am on trial for a plan named the Egemen Operation Plan, which I have never seen. I am telling you what I wrote. I did not see any war plan. I am on trial for a document that I did not know about at all.” “I wrote about the Balyoz [Sledgehammer] coup plan, and it is an honor for me as a journalist to write about a coup plan. If there was an injustice in the Sledgehammer trial, it is the problem of those who conducted the trial,” said Baransu. Underlining the fact that the authenticity of the Balyoz coup plan was confirmed by Turkish President Recep Tayyip Erdoğan’s ultranationalist ally Devlet Bahçeli, the leader of Nationalist Movement Party (MHP), in 2015, by former Justice Minister Bekir Bozdağ in 2016, by President Erdoğan in 2016 and by Parliament Speaker Binali Yıldırım 15 or 20 days ago, Baransu said he viewed his trial as theater. “I have not even been allowed to bring newspaper clippings or books to use during my defense in court. The book I am talking about is part of the evidence,” Baransu said and added that he has not been tried fairly. Reminding that he was arrested by Judge Cevdet Özcan, who released an Iranian drug baron, Baransu said, “This case is garbage.” Showing the signature of Judge Özcan under his arrest warrant to the panel of judges, Baransu said: “This judge hid documents during my testimony. I stand behind my news stories. Does this judge stand behind his decision for my arrest?” In an article that appeared in the Habertürk newspaper on Wednesday, columnist Fatih Altaylı claimed that a former Justice and Development Party (AKP) deputy pressured a judge to have Iranian drug lord Naci Sherifi Zindashti released from prison pending trial. The notorious drug lord and nine of his gang members had been detained by İstanbul narcotics police in a raid in April of this year. Zindashti was released pending trial along with three of his men on Oct. 19 by Judge Özcan, who approved his lawyer’s application. “I am not saying anything about the detention because I view these cases as theater,” Baransu said, adding: “The real face of the judge who arrested me was exposed, the real face of others will also be exposed. A judge who doesn’t know why I was arrested rules for the continuation of my imprisonment. People should see how ‘fairly’ I have been tried.” Former Taraf editor-in-chief Ahmet Altan, former executive editor of the same newspaper Yasemin Çongar and managing editor Yıldıray Oğur are also defendants in the case, facing up to 52 years, six months in prison for “destroying, using outside the intended purpose of, and illegally acquiring documents related to the security of the state.” Another defendant, Tuncay Opçin, remains at large. Baransu is also jailed pending trial in a separate case that concerns his reporting in 2013 on an alleged customs fraud involving genetically modified rice. The indictment accuses Baransu of “attempting to overthrow the government” and “membership in a terrorist organization.” Baransu is still being held at Silivri Prison in İstanbul, facing nearly a thousand years in jail as part of scores of different cases. Source
7 August 2018: 27 June: 11 May 2015 10 May 2015, Top court rules MIT audio surveillance
![]() Turkey's top court has determined that the audio surveillance of prominent journalists by the country's intelligence agency constitutes a violation of their rights. The Constitutional Court has ruled that the illegal eavesdropping by the National Intelligence Organization (MIT) on former Taraf Editor-in-Chief Ahmet Altan and current Taraf Deputy Editor-in-Chief Yasemin ?ongar as well as current Taraf columnists Amberin Zaman and Mehmet Baransu, former Taraf columnist Markar Esayan and former lead writer for the Star daily Professor Mehmet Altan constitutes a violation of their rights. According to the decision rendered after the journalists applied individually to the Constitutional Court, the court determined that the audio surveillance was carried out illegally and that the decision handed down by the Istanbul 9th, 11th, and 14th High Criminal Courts at differing times to allow the audio surveillance of the journalists by MIT is a violation of human rights. The Constitutional Court determined that although the Code on Criminal Procedure (CMK) article pertaining to the surveillance was in line with the European Convention on Human Rights (ECHR), the surveillance of the journalists under assumed names was not and ruled for the payment of TL 3,500 to each of the litigants. However, the court rejected the claim of the journalists that freedom of the press had been violated, citing a lack of evidence. After the surveillance of the journalists was publicized in 2012, the journalists applied to the Istanbul Public Prosecutors' Office, which in turn wanted to begin an investigation into the MIT agents on charges of "forgery of official documents, violation of confidentiality of communication and wrongful conduct." However, as the investigation of MIT agents who are charged with committing a crime in the course of their job is possible only with the permission of the prime minister, the case folder was sent to President Recep Tayyip Erdogan, who ruled against their investigation. The journalists then as a last resort applied to the Constitutional Court, which ruled in January that the MIT agents who illegally listened in on the phone calls of journalists do not have immunity, allowing for those members of the intelligence agency to be investigated. .................Wednesday's recordings followed an earlier leaked audio in which Ala -- who served as the Prime Ministry undersecretary then -- allegedly told Istanbul Governor Mutlu to order a raid on the house of journalist Mehmet Baransu and arrest him for publishing state documents related to the corruption case. "Detain him immediately. He is committing a crime and nothing has been done to him. As long as he continues to publish the documents, it is impossible to talk about the existence of a state," said a voice allegedly belonging to Ala, who appeared stunned and bewildered by the revelations in the documents. "Detain him soon. If the prosecutor fails to bring in the journalist, detain the prosecutor, too," Ala was also allegedly heard saying. In yet another audio recording, Ala was heard instructing a high-ranking official at the Telecommunications Directorate (TIB) to block Baransu's website. When Tayfun Acarer, who holds a key post at the institution, voiced his discomfort over the lack of any court order to block the website, Ala was heard telling him to not worry about it. "We can even pass new legislation to make it [blocking a website without a court order] legal," said Ala, trying to calm the TIB official down, two months before the latest Internet law was enacted in Parliament...................... ------------------------------
His lawyer, Sercan Sakallı, told CPJ that a court order ruled that the investigation is secret, limiting his access to the evidence against his client. The lawyer said authorities focused on a document titled "The Sovereign Action Plan" that was part of a packet of documents Baransu shared with prosecutors in 2010. That document, the lawyer said, was never made public, and authorities did not previously question the reporter's possession of a classified document. In 2010, Baransu broke the news of an alleged military coup plan that came to be known as Sledgehammer. Written by Baransu and other then-editors of Taraf as a series, the Sledgehammer story was based on what were said to be military documents leaked to Baransu by an anonymous source. "The Sovereign Action Plan" was among these documents, but it was not reported on because it was not related to the alleged coup plan, according to local reports. In court testimony, Baransu said he delivered the documents he had received from the anonymous source to prosecutors in 2010, after Taraf published its series. The documents were then used by Turkish prosecutors to start an investigation in which hundreds of suspects, including journalists, were tried on anti-state charges. On June 30, 2015, the Anadolu Second Court of the First Instance sentenced Baransu to 10 months in prison on additional charges of insulting president Recep Tayyip Erdoğan in a series of tweets and retweets about allegations of government corruption in December 2013, Sakallı told CPJ at the time. Sakallı said some of the tweets had been issued from accounts impersonating the journalist. Sakallı told CPJ that several other cases were pending in Turkish courts against Baransu that stem from his critical reporting in 2013 on issues such as the alleged genetic modification of food products in Turkey and government wrongdoing. In these cases, Baransu is accused of being a member of the alleged Fethullah Gülen Terrorist Organization--a charge that carries a maximum sentence of 15 years in prison, the lawyer said. The Turkish government claims Gülen’s group, which it calls FETÖ/PDY, was behind a failed coup attempt in July 2016. A new set of charges were added to Baransu's list of alleged crimes in 2016, according to press reports. As of late 2016, Baransu, alongside four other former Taraf journalists and an author, faced another trial in connection to the alleged "Sledgehammer" conspiracy, according to press reports. Istanbul's 13th Court for Serious Crimes was considering new charges of "founding and leading an armed terrorist organization," "making propaganda for [a terrorist] organization," "exposing information that is to be kept secret for the safety and political benefit of the state," "obtaining secret documents concerning the safety of the state," and "damaging, using outside of its purpose, [and] obtaining [or] stealing ... documents concerning the safety of the state," according to the indictment, which CPJ reviewed. These charges collectively carry a maximum sentence of 75 years in prison, according to a report by the media monitoring organization P24. The National Intelligence Agency (MIT) sent a list of alleged Bylock app users, including Baransu, to the court, according to reports in May 2017. Authorities claim that use of the encrypted communications app is evidence of FETÖ/PDY membership. Baransu’s lawyer, Ahmet Emre Bayrak, who is currently representing the journalist, told CPJ in late 2017 that his client denies the accusations and said that he has done nothing but practice journalism. Nesibe Baransu, the journalist's wife, told CPJ in late 2016 that her husband was deliberately kept hungry, held in filthy conditions, verbally abused, and mistreated while being transferred from prison to various courts for his hearings. Baransu has developed health problems because of the poor treatment he receives in prison, the lawyer said in late 2017. Authorities denied Baransu’s request to be transferred to a hospital because of lack of personnel, the lawyer said. Bayrak said that authorities kept the journalist in a cell without heating for weeks when he was temporarily transferred to Mersin for his trial. He was not given food when he was taken to court in Istanbul for the hearings of the other trials. He has limited access to toilet facilities, Bayrak said. As of December 4, 2017, the Turkish Embassy in Washington D.C. did not respond to CPJ’s emailed request for comment on claims that jailed journalists are mistreated. Due to the state of emergency imposed after the failed attempted coup in 2016, Baransu, like other journalists accused of terrorism charges, has access to a lawyer for only one hour a week. Prison staff record and monitor the meetings, Bayrak said. The journalist has limited access to documents and books required to prepare his defense, and authorities denied him access to a book that he wrote, Bayrak said. As of late 2017, Baransu was jailed in Silivri Prison in Istanbul. |
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