The court acquitted journalist Ercüment Akdeniz, who spent 243 days in pretrial detention in connection with the investigation into the Peoples' Democratic Congress (HDK), in a case where he was tried on a charge of "membership in an organization." The prosecution had sought his conviction, while Akdeniz said the trial was built on his journalism and lawful political activities.
MLSA — The Istanbul 26th High Criminal Court acquitted journalist Ercüment Akdeniz, who had spent 243 days in pretrial detention after being detained as part of the investigation into the HDK, in a case in which he was tried on a charge of "membership in an organization." The HDK, or Peoples' Democratic Congress, is an umbrella body bringing together leftist and pro-Kurdish groups.
Akdeniz appeared before the court at the fourth hearing of the case. At the previous hearing, the court had adjourned proceedings so the prosecution could prepare its opinion on the merits.
It emerged at the hearing that the prosecution had submitted its opinion on the merits between sessions. The prosecutor requested that Akdeniz be punished for the charge against him.
"The state negotiates with the HDK, but we are tried over a 14-year-old summary report"
Presenting his defense statement against the opinion on the merits, Akdeniz said the file cited a report by the Counter-Terrorism Department that characterized the HDK as the "legal structuring of the organization."
Noting that state officials and political parties nonetheless meet with HDK representatives, Akdeniz said: "Has the Counter-Terrorism Department issued any warning to the president, the ministers, the leaders of political parties with groups in parliament, or the members of the process commissions formed in parliament, telling them, 'Do not meet or make contact with HDK executives and spokespeople'?"
Akdeniz said senior state representatives meet with HDK representatives, yet activities from years ago are being made the subject of accusations.
"At the highest level of the state, these people were not regarded as constituting an offense. If that is the picture today, how can we be tried on the basis of a fabricated, set-up summary report dating back 14 years?" he said.
Stating that the HDK openly continues its activities, Akdeniz said many acquittals had been handed down for HDK executives and spokespeople during investigations and trials.
Akdeniz said: "Are the HDK's buildings open? They are. Is its website up? It is. Do they issue statements? They do."
"This trial has turned into the trial of the Labor Party's activities"
Saying the evidence in the file consisted of the activities of the Labor Party (EMEP), Akdeniz said, "This trial has essentially turned into a trial of the Labor Party's activities." Reminding the court that the party is a legal political party, Akdeniz said EMEP had left the HDK by a decision it took in 2014, and therefore argued that claims the HDK had given instructions to EMEP were untrue.
Saying that all the phone records in the file consisted of conversations within the Labor Party, Akdeniz said the prosecution had not summoned as witnesses the people it cited.
"If there really is thought to be an element of crime here, the people named in the wiretap transcripts and with whom I spoke should have been summoned to court. But the prosecution did not dare to summon these people," he said.
"They rely on a summary report that cannot even cite book titles correctly"
Noting that two books were presented in the file as if they were organizational documents, Akdeniz questioned the reliability of the investigation summary, or fezleke. He asked: "A book with an absurd title like 'Beleştepe Against Fascism' and a book called 'The Soviet Union' have been linked to the MLKP and entered into the summary report and the opinion. Will I be given an apology for a summary report and indictment in which such errors are made?" The MLKP is an outlawed far-left armed group.
Continuing his questions — "How reliable can a summary report that cannot even cite book titles correctly be? How reliable can an indictment based on this summary report be? How reliable can an opinion based on the same sources be?" — Akdeniz also said that certain statements not found in the phone records had been added to the summary report, the indictment and the prosecution's opinion.
"I have two organizational memberships: journalists' unions"
Saying he had held no membership in any political party since May 2023, Akdeniz said he was only a member of DİSK Basın-İş and the Journalists' Union of Turkey, both press unions.
Rejecting the charge of membership in an armed organization, Akdeniz said, "My only weapon is my pen, my camera lens, my microphone. I am a journalist."
Stating that the trial concerned not only himself but also press and freedom of expression, Akdeniz demanded his acquittal.
"I was deprived of my freedom for eight months. My home was raided. My family was affected by this process. My child had to live through this process," Akdeniz said, adding that people should not be tried without concrete evidence.
The court acquitted him
After the defense statements, the court took a recess. After the recess, the Istanbul 26th High Criminal Court announced its decision and ruled to acquit journalist Ercüment Akdeniz.
What happened?
Journalist and author Ercüment Akdeniz was detained on Feb. 18 as part of an operation targeting the Peoples' Democratic Congress and was jailed on Feb. 22.
A case was opened against Akdeniz on a charge of "membership in an organization." Held in pretrial detention for about eight months — 243 days in total — Akdeniz was released on Oct. 23.
At the fourth hearing of the case at the Istanbul 26th High Criminal Court, the court ruled to acquit Akdeniz.
