Erdem Gul The daily’s Ankara bureau chief
17-Jun-2019
15 May 2019: Acquittal for Erdem Gül, No Penalty for Enis Berberoğlu In the trial regarding the news reports on National Intelligence Agency (MIT) trucks, the İstanbul 14th Heavy Penal Court has ruled that Erdem Gül shall be acquitted and Enis Berberoğlu shall not be penalized. Regarding the news reports on National Intelligence Agency (MIT) trucks, the lawsuit filed against the former Editor-in-Chief of Cumhuriyet newspaper Can Dündar, its Ankara representative Erdem Gül and main opposition Republican People's Party (CHP) İstanbul MP Enis Berberoğlu continued in İstanbul 14th Heavy Penal Court today (May 15). The files of Enis Berberoğlu and Erdem Gül were separated from Can Dündar's file in the trial held in last February. While Erdem Gül and his lawyers participated in the trial, Enis Berberoğlu was not present. Pronouncing its ruling, the court board ruled that the case filed against Gül for "knowingly and willfully helping the organization without being part of the hierarchical structure within the armed terrorist organization" shall be dropped and that there is no necessity to penalize CHP MP Berberoğlu. Can Dündar's case to be held on October 31 The court also waits for the extradition of Can Dündar to Turkey to continue the trial. The court will again ask the Foreign Ministry about the identical letter revealing that Syria made a complaint about Turkey to the United Nations. Next hearing of Dündar will be held on October 31, 2019. What happened? Prosecution started as to the article published with the headline "Here are the weapons Erdoğan claim to not exist" on May 29 over "Procuring information as to state security", "Political and military espionage", "Declaring confidential information", "Propagandizing terror organization". Chief Public Prosecutor Hadi Salihoğlu had declared the prosecution by press release. President Recep Tayyip Erdoğan had personally filed a criminal complaint and requested Dündar to be sentenced to one aggravated life imprisonment, one life imprisonment and 42 years in prison for "targeting state interests by using images contrary to facts". Erdoğan on a live broadcast on public channel TRT had said, "I guess the person who made this special news will heavily pay for it". Dündar and Gül had been imprisoned as of November 26. Upon their objection against arrest being rejected, they had made an appeal to the Constitutional Court over "violation of freedom of press and speech and the right to security". Upon reporter of the Constitutional Court delivering the opinion that "freedom of press and expression, right to personal security have been violated, their imprisonment is unlawful" as to Gül and Dündar's application, Gül and Dündar's file had been referred to the Constitutional Court General Assembly. CLICK - AYM REPORT: ARREST OF GÜL, DÜNDAR UNLAWFUL Constitutional Court General Assembly has ruled journalists Can Dündar and Erdem Gül imprisoned as of November 26 over MİT truck report subjected to violation of right. CLICK - CONSTITUTIONAL COURT RULES JOURNALIST CAN DÜNDAR, ERDEM GÜL EXPOSED TO VIOLATION OF RIGHT On February 26, 2016, 14th Heavy Penal Court has ruled release of Can Dündar and Erdem Gül following the "violation of rights" verdict by the Constitutional Court. CLICK - COURT RULES RELEASE OF CAN DÜNDAR, ERDEM GÜL President Recep Tayyip Erdoğan has commentated on the Constitutional Court's ruling to release the journalists Gül and Dündar as "I don't obey the court decision. I don't respect it either". CLICK - ERDOGAN ON RELEASE OF GÜL AND DÜNDAR: I DON'T OBEY OR RESPECT THE COURT RULING On March 25, the Court has decided to hold the hearings without audience further on. On May 3, a prison sentence of 25 years was demanded for Can Dündar and up to 10 years in prison for Erdem Gül. The case was over on May 16. The journalists were sentenced to 10 years and 10 days in prison for "disclosing confidential information of the state". Acquitted of coup accusations, Gül and Dündar are still on trial on charges of "knowingly and willingly helping an armed organization as a non-member". İstanbul Regional Court of Justice 2nd Penal Chamber reversed the local court’s decision and sent the file to İstanbul 14th Heavy Penal Court. Reviewing the reversed decision, İstanbul Regional Court of Justice Chief Public Prosecutor’s Office annotated the decision. İstnabul 14th Heavy Penal Court reversed the decision of 25 years of imprisonment and returned the file. The 16th Penal Chamber of the Supreme Court of Appeals reversed the ruling of the 14th Heavy Penal Court, stating that Erdem Gül "shall be acquitted of the charged offense that cannot be proven" and Can Dündar "shall be given a higher sentence." 6 February 2019: Can Dündar’s file separated in “MİT trucks case” A trial where the former editor-in-chief of the Cumhuriyet daily, Can Dündar, the newspaper’s former Ankara representative Erdem Gül, and main opposition CHP MP Enis Berberoğlu stand accused of “aiding a terrorist group without being its member” resumed on 6 February in Istanbul. The accusation stems from the publication in Cumhuriyet of a news story about the alleged transfer of weapons to Syria on trucks operated by Turkey’s National Intelligence Organization (MİT). Erdem Gül, his lawyer, and the lawyers representing Berberoğlu and Dündar were in attendance at the closed hearing overseen by the 14th High Criminal Court of Istanbul. The court rejected a motion filed by Berberoğlu’s lawyers for the trial to be abated because Berberoğlu has been elected to the Parliament in the latest elections. His lawyer Yiğit Acar reiterated their previous demand for new witnesses to be heard in court, and requested for additional time in the event the court rejected that request. The lawyers representing Dündar and Gül also requested additional time for their defense statements. In its interim ruling, the court ruled to separate the file against Dündar. Rejecting the request by Bereberoğlu’s lawyers for additional witnesses to be heard, the court adjourned the trial until 15 May, granting additional time for the defense statements. The same day, the 14th High Criminal Court of Istanbul also heard a separate case against Dündar, where the journalist in on retrial on the charge of “disclosing confidential information for espionage purposes.” This was the third hearing in the case, which is also closed to the public. In its interim ruling, the court ruled to wait for the outcome of the request filed with German authorities for the extradition of Dündar and set 15 May as the date for the next hearing. The court also ruled to merge two other case files against Dündar, overseen by the same court, with the ongoing case on the grounds of legal and de facto connection among the files. Source 16 July 2018: Journalist Erdem Gül acquitted of ‘publishing state secrets’ in MİT trucks case Turkish journalist Erdem Gül has been acquitted of charges of “publishing state secrets,” his newspaper Cumhuriyet reported on July 16. Gül, the Ankara bureau chief of daily Cumhuriyet, appeared before judges at the Istanbul 14th Heavy Penal Court on July 16 in the case of National Intelligence Organization (MİT) trucks bound for Syria in 2014. Cumhuriyet’s former editor-in-chief Can Dündar and main opposition Republican People’s Party (CHP) deputy Enis Berberoğlu, who was accused of leaking the information on the MİT trucks to the newspaper, were convicted together with Gül in the case last year. Turkey’s Supreme Court of Appeals had quashed the Istanbul court’s ruling in March, noting that Dündar should have been sentenced to up to 20 years in prison, not only five years and 10 months, while requesting the acquittal of Gül. The 14th Heavy Penal Court in Istanbul ruled for the second time in the case on July 16. The prosecutor argued that daily Cumhuriyet published a story about the MİT trucks with Dündar’s name in the byline in May 2015, which removed the confidential status of the information, therefore Gül’s June 2015 story about the same issue could not be considered as leaking state secrets. The court acquitted Gül, according to Cumhuriyet, after issuing its verdict in line with the prosecutor’s opinion. Together with Dündar and Berberoğlu, Gül is still on trial in another case over the MİT trucks stories, in which prosecutors charged them of “helping a terrorist organization.” Source Turkish journalist released in weapons transfer to Syria scandal 16 July 2018: A Turkish court acquitted a journalist previously sentenced to five years in prison for "disclosing confidential documents and information", Turkish news website Diken reported on Monday. Erdem Gül, who worked for newspaper Cumhuriyet, was jailed over publication, in 2015, of images showing the transport of weapons to Syria by Turkey’s spy service, which were allegedly destined for extremist rebel groups. The images were published after lorries carrying the weapons were stopped by police in the south of Turkey. Turkish authorities say the action was carried out by dissident members of the police forces linked to the Gülen movement, since designated a terror group, that they say had established a “parallel state” within the structure of the Turkish state. Turkish president Recep Tayyip Erdoğan initially denied the lorries were carrying weapons, but after Cumhuriyet published photographic evidence to the contrary, he accused the paper of espionage and promised it would pay a heavy price. Shortly after Erdoğan’s comments, prosecutors took action against Cumhuriyet. Gül, along with the paper’s then editor Can Dündar were imprisoned. Following a decision by Turkey’s constitutional court, to which Erdoğan publicly and vehemently objected, the two men were released early in 2016. Dündar subsequently fled to Germany. The latest court ruling overturned the sentence imposed on Gül by a lower court, but ordered the absent Dündar’s jail sentence be increased from five years 10 months to between 15 and 20 years. Together with Dündar and Enis Berberoğlu, a main opposition Republican People’s Party (CHP) deputy also caught up in the case, Gül is still on trial in another case relating to the weapons transfer, in which prosecutors charged them of “helping a terrorist organisation”. Source 27 November 2015 Turkish journalists accused of harming state security Istanbul Chief Public Prosecutor Hadi Salihoglu has said the recent arrests of two Turkish journalists of local Cumhuriyet daily has nothing to do with the issue of press freedom in Turkey. On Thursday, Istanbul's 7th Penal Court of Peace ordered the arrests of Can Dundar, editor-in-chief of the newspaper, and the daily’s Ankara bureau chief, Erdem Gul, in the case involving the search of trucks belonging to the Turkish intelligence MIT in 2014. In a statement released Friday, Salihoglu said that Dundar and Gul were arrested for "disclosing information that was meant to be kept confidential for the sake of the state’s security". "The search of [Turkish intelligence] MIT trucks has no concern with ‘freedom of press’, which is guaranteed in the [Turkey’s] constitution, and no individual rights and freedoms have been violated. The suspects were invited to the prosecution office by phone without any detention," he said. The newspaper where the duo worked had published photographs and video footage purportedly showing the MIT trucks which were stopped by local gendarmerie in southern Adana and Hatay provinces on the grounds that they were loaded with ammunition, despite a national security law forbidding such a search. The case saw the arrests of 26 soldiers. Turkey's Interior Ministry said at the time that the trucks, which were reportedly carrying arms into northern Syria, were in reality conveying humanitarian aid to the Turkmen community in the war-torn country. Accompanying photographs published by the daily showed several vehicles filled with weapons and ammunition, stacked under cardboard boxes containing medication. In one photograph, the serial numbers on the ammunition were also visible. Salihoglu said that the investigation into the sources of the journalists for obtaining the photos of the trucks was still on going. He added that the investigation showed that no information, documents, evidence or a sign could be found which indicated that the MIT trucks had been carrying aid for any illegal organization. He added that the MIT trucks had been transporting humanitarian aid to the Syrian Turkmen community but they were stopped and searched by "managers and members of the FETO/PYD terrorist organization". Salihoglu alleged that the MIT trucks operation had been carried out on the orders of Fetullah Gulen and Emre Uslu, leaders of the "FETO/PYD terrorist organization". He accused the journalists of disclosing confidential information in articles published in the Cumhuriyet daily in an alleged attempt to aid the "FETO/PYD terrorist organization". Source 26 November 2015: Turkish journalists jailed over spying charges Two Turkish journalists accused of espionage and aiding a terrorist organization have been sent to prison by a court in Istanbul late Thursday. Istanbul's 7th Penal Court of Peace which is conducting the investigation into accusations against the two journalists, ordered Can Dundar and Erdem Gul be put behind bars pending trial. Dundar, editor-in-chief of newspaper Cumhuriyet, and the daily’s Ankara bureau chief, Gul, were referred to the court by Istanbul Prosecutor Irfan Fidan earlier Thursday, who interrogated the two suspects for two hours. The newspaper where the duo worked had published photographs and video footage purportedly showing trucks belonging to the Turkish intelligence service MIT. In January 2014, several trucks were stopped by local gendarmerie in southern Adana and Hatay provinces on the grounds that they were loaded with ammunition, despite a national security law forbidding such a search. The case saw the arrests of 26 soldiers. Turkey's Interior Ministry said at the time that the trucks, which were reportedly carrying arms into northern Syria, were in reality conveying humanitarian aid to the Turkmen community in the war-torn country. Accompanying photographs published by the daily showed several vehicles filled with weapons and ammunition, stacked under cardboard boxes containing medication. In one photograph, the serial numbers on the ammunition were also visible. Source

Erdem Gul
The daily’s Ankara bureau chief

17-Jun-2019

15 May 2019:
Acquittal for Erdem Gül, No Penalty for Enis Berberoğlu
In the trial regarding the news reports on National Intelligence Agency (MIT) trucks, the İstanbul 14th Heavy Penal Court has ruled that Erdem Gül shall be acquitted and Enis Berberoğlu shall not be penalized.

Regarding the news reports on National Intelligence Agency (MIT) trucks, the lawsuit filed against the former Editor-in-Chief of Cumhuriyet newspaper Can Dündar, its Ankara representative Erdem Gül and main opposition Republican People's Party (CHP) İstanbul MP Enis Berberoğlu continued in İstanbul 14th Heavy Penal Court today (May 15).

The files of Enis Berberoğlu and Erdem Gül were separated from Can Dündar's file in the trial held in last February. While Erdem Gül and his lawyers participated in the trial, Enis Berberoğlu was not present.

Pronouncing its ruling, the court board ruled that the case filed against Gül for "knowingly and willfully helping the organization without being part of the hierarchical structure within the armed terrorist organization" shall be dropped and that there is no necessity to penalize CHP MP Berberoğlu.

Can Dündar's case to be held on October 31

The court also waits for the extradition of Can Dündar to Turkey to continue the trial. The court will again ask the Foreign Ministry about the identical letter revealing that Syria made a complaint about Turkey to the United Nations. Next hearing of Dündar will be held on October 31, 2019.

What happened?

Prosecution started as to the article published with the headline "Here are the weapons Erdoğan claim to not exist" on May 29 over "Procuring information as to state security", "Political and military espionage", "Declaring confidential information", "Propagandizing terror organization".

Chief Public Prosecutor Hadi Salihoğlu had declared the prosecution by press release.

President Recep Tayyip Erdoğan had personally filed a criminal complaint and requested Dündar to be sentenced to one aggravated life imprisonment, one life imprisonment and 42 years in prison for "targeting state interests by using images contrary to facts".

Erdoğan on a live broadcast on public channel TRT had said, "I guess the person who made this special news will heavily pay for it".

Dündar and Gül had been imprisoned as of November 26.

Upon their objection against arrest being rejected, they had made an appeal to the Constitutional Court over "violation of freedom of press and speech and the right to security".

Upon reporter of the Constitutional Court delivering the opinion that "freedom of press and expression, right to personal security have been violated, their imprisonment is unlawful" as to Gül and Dündar's application, Gül and Dündar's file had been referred to the Constitutional Court General Assembly.

CLICK - AYM REPORT: ARREST OF GÜL, DÜNDAR UNLAWFUL

Constitutional Court General Assembly has ruled journalists Can Dündar and Erdem Gül imprisoned as of November 26 over MİT truck report subjected to violation of right.

CLICK - CONSTITUTIONAL COURT RULES JOURNALIST CAN DÜNDAR, ERDEM GÜL EXPOSED TO VIOLATION OF RIGHT

On February 26, 2016, 14th Heavy Penal Court has ruled release of Can Dündar and Erdem Gül following the "violation of rights" verdict by the Constitutional Court.

CLICK - COURT RULES RELEASE OF CAN DÜNDAR, ERDEM GÜL

President Recep Tayyip Erdoğan has commentated on the Constitutional Court's ruling to release the journalists Gül and Dündar as "I don't obey the court decision. I don't respect it either".

CLICK - ERDOGAN ON RELEASE OF GÜL AND DÜNDAR: I DON'T OBEY OR RESPECT THE COURT RULING

On March 25, the Court has decided to hold the hearings without audience further on.

On May 3, a prison sentence of 25 years was demanded for Can Dündar and up to 10 years in prison for Erdem Gül.

The case was over on May 16. The journalists were sentenced to 10 years and 10 days in prison for "disclosing confidential information of the state". Acquitted of coup accusations, Gül and Dündar are still on trial on charges of "knowingly and willingly helping an armed organization as a non-member".

İstanbul Regional Court of Justice 2nd Penal Chamber reversed the local court’s decision and sent the file to İstanbul 14th Heavy Penal Court. Reviewing the reversed decision, İstanbul Regional Court of Justice Chief Public Prosecutor’s Office annotated the decision.

İstnabul 14th Heavy Penal Court reversed the decision of 25 years of imprisonment and returned the file.

The 16th Penal Chamber of the Supreme Court of Appeals reversed the ruling of the 14th Heavy Penal Court, stating that Erdem Gül "shall be acquitted of the charged offense that cannot be proven" and Can Dündar "shall be given a higher sentence."

6 February 2019:

Can Dündar’s file separated in “MİT trucks case”

A trial where the former editor-in-chief of the Cumhuriyet daily, Can Dündar, the newspaper’s former Ankara representative Erdem Gül, and main opposition CHP MP Enis Berberoğlu stand accused of “aiding a terrorist group without being its member” resumed on 6 February in Istanbul.

The accusation stems from the publication in Cumhuriyet of a news story about the alleged transfer of weapons to Syria on trucks operated by Turkey’s National Intelligence Organization (MİT).

Erdem Gül, his lawyer, and the lawyers representing Berberoğlu and Dündar were in attendance at the closed hearing overseen by the 14th High Criminal Court of Istanbul.

The court rejected a motion filed by Berberoğlu’s lawyers for the trial to be abated because Berberoğlu has been elected to the Parliament in the latest elections. His lawyer Yiğit Acar reiterated their previous demand for new witnesses to be heard in court, and requested for additional time in the event the court rejected that request. The lawyers representing Dündar and Gül also requested additional time for their defense statements.

In its interim ruling, the court ruled to separate the file against Dündar. Rejecting the request by Bereberoğlu’s lawyers for additional witnesses to be heard, the court adjourned the trial until 15 May, granting additional time for the defense statements.

The same day, the 14th High Criminal Court of Istanbul also heard a separate case against Dündar, where the journalist in on retrial on the charge of “disclosing confidential information for espionage purposes.”

This was the third hearing in the case, which is also closed to the public. In its interim ruling, the court ruled to wait for the outcome of the request filed with German authorities for the extradition of Dündar and set 15 May as the date for the next hearing. The court also ruled to merge two other case files against Dündar, overseen by the same court, with the ongoing case on the grounds of legal and de facto connection among the files. Source

16 July 2018:

Journalist Erdem Gül acquitted of ‘publishing state secrets’ in MİT trucks case

Turkish journalist Erdem Gül has been acquitted of charges of “publishing state secrets,” his newspaper Cumhuriyet reported on July 16.

Gül, the Ankara bureau chief of daily Cumhuriyet, appeared before judges at the Istanbul 14th Heavy Penal Court on July 16 in the case of National Intelligence Organization (MİT) trucks bound for Syria in 2014.

Cumhuriyet’s former editor-in-chief Can Dündar and main opposition Republican People’s Party (CHP) deputy Enis Berberoğlu, who was accused of leaking the information on the MİT trucks to the newspaper, were convicted together with Gül in the case last year.

Turkey’s Supreme Court of Appeals had quashed the Istanbul court’s ruling in March, noting that Dündar should have been sentenced to up to 20 years in prison, not only five years and 10 months, while requesting the acquittal of Gül.

The 14th Heavy Penal Court in Istanbul ruled for the second time in the case on July 16.

The prosecutor argued that daily Cumhuriyet published a story about the MİT trucks with Dündar’s name in the byline in May 2015, which removed the confidential status of the information, therefore Gül’s June 2015 story about the same issue could not be considered as leaking state secrets.

The court acquitted Gül, according to Cumhuriyet, after issuing its verdict in line with the prosecutor’s opinion.

Together with Dündar and Berberoğlu, Gül is still on trial in another case over the MİT trucks stories, in which prosecutors charged them of “helping a terrorist organization.” Source

Turkish journalist released in weapons transfer to Syria scandal

16 July 2018:

A Turkish court acquitted a journalist previously sentenced to five years in prison for "disclosing confidential documents and information", Turkish news website Diken reported on Monday.

Erdem Gül, who worked for newspaper Cumhuriyet, was jailed over publication, in 2015, of images showing the transport of weapons to Syria by Turkey’s spy service, which were allegedly destined for extremist rebel groups.

The images were published after lorries carrying the weapons were stopped by police in the south of Turkey. Turkish authorities say the action was carried out by dissident members of the police forces linked to the Gülen movement, since designated a terror group, that they say had established a “parallel state” within the structure of the Turkish state.

Turkish president Recep Tayyip Erdoğan initially denied the lorries were carrying weapons, but after Cumhuriyet published photographic evidence to the contrary, he accused the paper of espionage and promised it would pay a heavy price.

Shortly after Erdoğan’s comments, prosecutors took action against Cumhuriyet. Gül, along with the paper’s then editor Can Dündar were imprisoned.

Following a decision by Turkey’s constitutional court, to which Erdoğan publicly and vehemently objected, the two men were released early in 2016. Dündar subsequently fled to Germany.

The latest court ruling overturned the sentence imposed on Gül by a lower court, but ordered the absent Dündar’s jail sentence be increased from five years 10 months to between 15 and 20 years.

Together with Dündar and Enis Berberoğlu, a main opposition Republican People’s Party (CHP) deputy also caught up in the case, Gül is still on trial in another case relating to the weapons transfer, in which prosecutors charged them of “helping a terrorist organisation”. Source

27 November 2015

Turkish journalists accused of harming state security

Istanbul Chief Public Prosecutor Hadi Salihoglu has said the recent arrests of two Turkish journalists of local Cumhuriyet daily has nothing to do with the issue of press freedom in Turkey.

On Thursday, Istanbul's 7th Penal Court of Peace ordered the arrests of Can Dundar, editor-in-chief of the newspaper, and the daily’s Ankara bureau chief, Erdem Gul, in the case involving the search of trucks belonging to the Turkish intelligence MIT in 2014.

In a statement released Friday, Salihoglu said that Dundar and Gul were arrested for "disclosing information that was meant to be kept confidential for the sake of the state’s security".

"The search of [Turkish intelligence] MIT trucks has no concern with ‘freedom of press’, which is guaranteed in the [Turkey’s] constitution, and no individual rights and freedoms have been violated. The suspects were invited to the prosecution office by phone without any detention," he said.

The newspaper where the duo worked had published photographs and video footage purportedly showing the MIT trucks which were stopped by local gendarmerie in southern Adana and Hatay provinces on the grounds that they were loaded with ammunition, despite a national security law forbidding such a search. The case saw the arrests of 26 soldiers.

Turkey's Interior Ministry said at the time that the trucks, which were reportedly carrying arms into northern Syria, were in reality conveying humanitarian aid to the Turkmen community in the war-torn country.

Accompanying photographs published by the daily showed several vehicles filled with weapons and ammunition, stacked under cardboard boxes containing medication. In one photograph, the serial numbers on the ammunition were also visible.

Salihoglu said that the investigation into the sources of the journalists for obtaining the photos of the trucks was still on going.

He added that the investigation showed that no information, documents, evidence or a sign could be found which indicated that the MIT trucks had been carrying aid for any illegal organization.

He added that the MIT trucks had been transporting humanitarian aid to the Syrian Turkmen community but they were stopped and searched by "managers and members of the FETO/PYD terrorist organization".

Salihoglu alleged that the MIT trucks operation had been carried out on the orders of Fetullah Gulen and Emre Uslu, leaders of the "FETO/PYD terrorist organization".

He accused the journalists of disclosing confidential information in articles published in the Cumhuriyet daily in an alleged attempt to aid the "FETO/PYD terrorist organization". Source

26 November 2015:

Turkish journalists jailed over spying charges

Two Turkish journalists accused of espionage and aiding a terrorist organization have been sent to prison by a court in Istanbul late Thursday.

Istanbul's 7th Penal Court of Peace which is conducting the investigation into accusations against the two journalists, ordered Can Dundar and Erdem Gul be put behind bars pending trial.

Dundar, editor-in-chief of newspaper Cumhuriyet, and the daily’s Ankara bureau chief, Gul, were referred to the court by Istanbul Prosecutor Irfan Fidan earlier Thursday, who interrogated the two suspects for two hours.

The newspaper where the duo worked had published photographs and video footage purportedly showing trucks belonging to the Turkish intelligence service MIT.

In January 2014, several trucks were stopped by local gendarmerie in southern Adana and Hatay provinces on the grounds that they were loaded with ammunition, despite a national security law forbidding such a search. The case saw the arrests of 26 soldiers.

Erdem Gul The daily’s Ankara bureau chief