Confidentiality order on Gül and Dündar's trial
Arrested because of their news report about Turkish intelligence office's (MİT) trucks, journalists Can Dündar and Erdem Gül was released after staying in prison for 92 days with the Constitutional Court's decision on violation of right. Their trial began in İstanbul Courthouse. MPs, foreign diplomats and representatives from various NGOs are following the trial.
National and international journalist associations made statements supporting Gül and Dündar.
Speaking before the trial, Dündar said, “We are caught between two palaces: the presidential palace and the palace of justice. We defend our report. We are here to defend journalism. If the court rules differently today, it would mean that a trustee is assigned to the Constitutional Court.” And Erdem Gül said, “We did our job.”
The hearing should be public
The prosecutor demanded a closed hearing. Tora Pekin, one of the lawyers of Dündar and Gül, objected to the request: “According to Human Rights Declaration, the trial cannot be closed.” Referring to ECHR, Pekin said, “The documents that the newly-assigned prosecutor mentions are not in the file. A closed hearing would contradict the fair trial principle. The new prosecutor takes documents from a different file and thus requests a closed hearing. This has nothing to do with us.” Pekin added: “There are two proceedings for this case; one is in the courthouse. And outside, some people talk about this case. President says, 'I don't recognize the decision of the constitutional court,' and tries to affect the justice. Similarly, the minister of justice has been making such statements. If you go on with a closed hearing, the defenses won't be heard. This would affect Dündar and Gül's right of fair trial. Moreover, in the indictment, there is only the published news reports.”
The so-called confidential document is read
The prosecutor said that he demands a closed hearing, because a MİT report is in the file. However, the lawyers objected by saying they they don't have such a document. Akın Atalay, one of the lawyers of Gül and Dündar, read the single sentence that the prosecutor calls “confidential” and said: “Now, I've read it and everybody heard it. It is no longer confidential; so, there is no need for a closed trial.”
The prosecutor also requested that MİT and President Erdoğan are accepted as intervening parties. A 10-minutes break was had for deciding whether the trial should be public or closed.
Confidentiality order on the trial
MİT and President Erdoğan are accepted as intervening parties and it is decided that the trial will be closed. People in the courtroom reacted against the court's decision.
