The trial of journalist Enis Berberoğlu in the "MİT trucks case" was suspended after he was elected as a member of parliament from CHP and obtained immunity.
The trial, which was opened due to the news reports on the weapons transported to Syria by National Intelligence Organization (MIT) trucks, continued today at Istanbul 14th High Criminal Court following the reversal decision of the 3rd Criminal Chamber of the Court of Cassation. Mayor of Adalar Erdem Gül attended the hearing, while MP Enis Berberoğlu was represented by his lawyers.
The court had previously conducted a closed session due to concerns regarding the state's security. However, the latest hearing was held in an open session as the need for a secure session under Article 182/2 of the Code of Criminal Procedure (CPC) was no longer present. A printout from the official website of the Turkish Grand National Assembly (TBMM) was added to the file, confirming that Enis Berberoğlu was elected as an MP for Istanbul's 28th term under the CHP party.
The President of the Court gave the floor to the defendant Erdem Gül against the reversal order, and he said the following: “I worked as a journalist. I find the Court of Cassation's decision to overturn the verdict harsh. For this reason, I request that the previous verdict be resisted." The prosecutor requested the court to comply with the reversal decision of the 3rd Criminal Chamber of the Court of Cassation dated December 20, 2022.
The court decided to comply with the Court of Cassation's reversal decision, stating that it followed proper procedures and the law.
The prosecutor explained in his opinion that to proceed with the trial of Berberoğlu, who was recently re-elected as a member of parliament, his immunity would need to be lifted by the Grand National Assembly of Turkey. As a result, the prosecutor requested that the trial be suspended in Berberoğlu's case.
The prosecutor requested that Erdem Gül's file be separated from the main case.
Erdem Gül stated that the Court of Cassation's reversal decision was against the law. Berbeoğlu's lawyers agreed with the prosecutor's opinion for the suspension.The court separated the case against Gül and decided to suspend the trial against Berberoğlu. If Berberoğlu's immunity is lifted or his parliamentary status expires, the trial will continue ex officio through a new file.
Background
An investigation was initiated against Can Dündar on May 29, 2015, for alleged charges of obtaining state security-related information, political and military espionage, disclosing confidential information, and promoting a terrorist organization. These charges were in connection to the publication of a news article in Cumhuriyet, titled “Here are the weapons Erdoğan says don't exist,” which reported on the MİT trucks.
