Deniz Tekin
Dicle Müftüoğlu, Co-chair of the Dicle Fırat Journalists Association (DFG) and editor at the Mesopotamia Agency (MA), remains in custody for her journalistic activities for 264 days. "Prosecuting a journalist for their news reports is a threat to all journalists," Müftüoğlu stated. The court decided to continue Müftüoğlu's detention, citing the need to re-hear a secret witness who had been listened to between two hearings.
The second hearing of the case, in which Dicle Müftüoğlu, Co-chair of the DFG and an editor at the MA, is being tried in custody with accusations of "forming and leading an organization" and "being a member of an organization," with a demand for up to 37.5 years in prison, took place. The trial at the Diyarbakır 5th High Criminal Court began with a delay of about three hours.
Müftüoğlu participated in the hearing via video link from the Sincan Women's Closed Prison, while her lawyers Resul Temur and MLSA Co-Director Veysel Ok were present in the courtroom. The hearing was attended by DFG Co-chair Serdar Altan, the President of the Mesopotamia Women Journalists Association (MKG) Roza Metina and its managers, TGS General Secretary Banu Tuna, TGS Adana Branch manager Sertaç Kayar, Press-Work General President of DİSK Turgut Dedeoğlu, a manager from the Southeastern Journalists Society, HDP Member of Parliament Sinan Çiftyürek, and an observer from the MLSA Case Monitoring Unit, along with numerous journalists. Additionally, a significant number of riot police sat in the front rows designated for spectators, watching the trial.
Müftüoğlu: We are being prosecuted for writing the truth
Müftüoğlu began her defense by thanking those who came to the hearing in solidarity. She mentioned that she would present her defense again to the court's permanent panel, as the panel in the previous hearing was temporary. Müftüoğlu, who was arrested on World Press Freedom Day, emphasized that her nine-month detention is an ongoing injustice: "My journalistic activities are being prosecuted in this case. This situation has become an obstacle to press freedom, resulting in both journalists and the public suffering. We are being prosecuted for writing the truth. There's significant pressure on Kurdish journalists, and I am one of them. Every action I've taken has been criminalized in the indictment. The witness statements are baseless. The witness claimed I was abroad on a date when I was actually receiving medical treatment, which lasted for three years. As a journalist, one must go wherever the news is. I went to Iraq in 2017 to cover the referendum and report on it. The date of my trip for the referendum coverage in 2017 was added to the file as if to match the date mentioned by the witness in 2014."
"I have been detained for nine months, and my journalistic activities are being prosecuted."
Müftüoğlu argued that witness statements were unnecessary, as a search of her name on the internet would show her work for MA and articles published under her signature. She highlighted that the DFG, established to allow journalists to report freely and without censorship, conducts legal activities that are open to the public. She reminded the court that discussions with news sources and colleagues, as well as base station data, were used as criminal evidence in the indictment. Müftüoğlu stated, "Meeting with fellow journalists and exchanging money with them is a natural part of our job. An attempt is being made to create a perception over my journalistic identity and activities. I have been detained for nine months, and my journalistic activities are being prosecuted. I request my release."
The witness knew nothing beyond 2014
Witness Kerem Gökalp, connected via video link, claimed that Müftüoğlu attended a training in Iraq in 2014 but did not know what she did afterward or the purpose of her attendance at this training. When Müftüoğlu's lawyer, Resul Temur, asked the witness about the specific date of the training, Gökalp could not recall the exact date but suggested it could have been in August or July of 2014. Responding to the witness statement, Müftüoğlu reiterated her previous defense, stating the witness's claims were baseless.
"Prosecuting a journalist for their news reports is a threat to journalists."
The prosecutor, in his opinion to the court, requested the continuation of Müftüoğlu's detention. In defense against the prosecutor's opinion, Müftüoğlu stated, "I have worked for 15 years to convey the truth. I have fought for journalism to operate in a free environment. Prosecuting a journalist for their news reports is a threat to all journalists. Journalism is not a crime. I request my release."
Temur: This case is redundant
Then, lawyer Resul Temur spoke, noting that the informant witness Kerem Gökalp had no statement against Müftüoğlu but was taken to Ankara years later for categorized statements. Temur questioned, "Why was Kerem Gökalp taken to Ankara? Why were pictures of Müftüoğlu, who lives in Diyarbakır, shown to him? I can present numerous documents proving that Müftüoğlu was not abroad on the dates mentioned by the witness. The witness stated the months of July-August, yet there are articles published under my client's signature during these months."
Temur reminded the court that Müftüoğlu had been previously tried for the same accusations in the same court, arguing that this case is redundant. He criticized the procedure for not allowing direct questioning of the "K8Ç4B3L1T5" alias secret witness, who was heard during the session, as a violation of the principle of directness.
Temur highlighted the censorship nature of imprisoning a journalist to prevent them from reporting, mentioning that 30 journalists had been detained under similar accusations over the past year, with Müftüoğlu being the only one remaining in custody. He presented documents regarding Müftüoğlu's medical treatment and articles on journalism training announcements made by the DFG to the court.
"Prosecutors speak with evidence, not opinions"
MLSA Co-Director Veysel Ok, in his defense, pointed out the legal irregularities from the beginning of the case, criticizing the indictment prepared without any investigation and accepted by the court as vengeful. Ok emphasized the contradictions in the witness's statements, who admitted to knowing nothing about Müftüoğlu's activities after 2014.
Ok referred to a Supreme Court decision stating that common base station information cannot be considered organizational evidence, accusing the prosecutor of forming opinions based on imagined events rather than factual evidence. "The prosecutor is a lawyer who should speak with evidence, not opinions. By speculating, the prosecutor has formed an opinion that Müftüoğlu was involved in organizational activities, which has no legal basis. The MASAK report is clear evidence. Everything is out in the open. Dicle is a journalist, detained for nine months. I demand an end to this injustice and request her release," Ok stated.
The secret witness to be re-heard in the next session
Following the defenses, the presiding judge announced, without adjourning, their decision to hear the "K8Ç4B3L1T5" alias secret witness, whose statement was taken by order in the inter-session, in court. The judge decided to continue Müftüoğlu's detention, postponing the next hearing to February 29.
Press and professional organizations: We will be more numerous in the next hearing
Leaders of journalist and professional organizations made statements outside the Diyarbakır Courthouse after the hearing. DFG Co-chair Serdar Altan said, "Journalists belong in the news field, not in prison. Unfortunately, Dicle is detained in the Sincan Women's Prison. Journalism is not a crime; the free press cannot be silenced."
MLSA Co-Director Veysel Ok commented, "Today, Dicle disproved all allegations with documents and data. Dicle's case is the case of journalists. It's journalism that is being prosecuted here. Once again, we see Turkey drifting away from the Constitutional Court. We will be more numerous in the next hearing to bring Dicle home."
TGS General Secretary Banu Tuna expressed anger and sadness, urging solidarity for the next hearing on February 29.
DİSK Press-Work General President Turgut Dedeoğlu criticized the arbitrary decision in a courtroom where the constitution and justice are disregarded, refusing to recognize the verdict. "We vouch for Dicle's journalism. It's the journalism profession that is on trial here. Dicle will be released to continue reporting the truth to the people," Dedeoğlu stated.
MKG manager Aysel Işık called the case a legal absurdity, adding, "Dicle is paying the price for carrying out free press activities. We will bring Dicle home on February 29; we do not recognize this decision. The free press cannot be silenced."
