Defendants: Can Dündar

Media Outlet and Position: Cumhuriyet – Former Editor-in-Chief

Accusations:  Aiding and abetting a terrorist organization whilst not being a member; obtaining secret documents for espionage

Charges: from 22 years 6 months up to 35 years 

Court: İstanbul 14. High Criminal Court

Case Background: 

Can Dündar, former editor-in-chief of Cumhuriyet newspaper, faces charges of “obtaining secret documents for espionage” and “aiding a terrorist organization whilst not being a member” after Cumhuriyet reported that trucks belonging to Turkey’s National Intelligence Service (MİT) allegedly carried weaponry across the border to Syria. Those reports, which are being used as evidence, date back to January 2014.

Dündar’s charges were initially included in another case with two other defendants: Cumhuriyet’s Ankara correspondent Erdem Gül and opposition party CHP MP Enis Berberoğlu. In 2016, the court sentenced Dündar to five years and 10 months in prison on charges of “obtaining and revealing secret documents for espionage”, while ordering the trial on the charge “aiding a terrorist organization whilst not being a member” to proceed separately. Gül and Berberoğlu were also sentenced to various jail terms.

Dündar appealed the charges brought against him of “obtaining and revealing secret documents for espionage purposes” at the Supreme Court of Appeals Panel Chamber no.16.  Supreme Court overturned the sentences against Dündar on March 9, 2018, asking for a re-trial and higher jail term for Dündar. Supreme Court also ruled Erdem Gül to be acquitted of all charges.

After the retrial began, in the hearing on February 6, 2019, the court decided to wait for Dündar’s return to Turkey, and to separate his case file from those of Gül and Berberoğlu. The court also decided to merge all files against Dündar and build a larger case against him. The hearing is adjourned until May 15, 2019.

On May 15-hearing, the court dismissed the case against Gül and Berberoğlu. During the fifth hearing of re-trial of Can Dündar on October 31, 2019, the court ruled to wait until the result of its request for extradition from Germany. Next hearing is scheduled for March 19, 2020.

Due to suspension of all judicial proceedings in March and April because of COVID-19 pandemic, the March 19 hearing was postponed to July 7.

Dündar has been living in exile in Germany since May 2016, following a botched gun attack on his life in front of the Çağlayan Courthouse. The journalist was not hurt in the attack.

In another case, Dündar is also being tried for his participation in a solidarity campaign for the pro-Kurdish newspaper Özgür Gündem titled “Editors-in-Chief on Watch”. At the hearing in this case on January 31, 2019, the İstanbul 22. High Criminal Court adjourned the case until July 18, 2019, granting time for additional documents to be submitted.

A number of editors, journalists and columnists for the now-shuttered Özgür Gündem newspaper were brought before the court on accusations of “overtly inciting a crime” and “making terrorist propaganda” in the daily’s articles and reports.

Announcing its interim decision, the court ruled to wait for the outcome of the request for extradition made to the German competent judicial authorities regarding Dündar and to send the file to the prosecution for a final opinion, and decided that the next hearing will be held on 18 February 2021.

However, the Istanbul 14. High Criminal Court rescheduled the hearing at the last minute to September 17, 2020. A request by the Istanbul Chief Public Prosecutor’s Office gave Dündar, who currently lives in exile in Germany, 15 days to report himself to the court or to be deemed as a ‘’fugitive’’ and have all of his property to be confiscated. 

The most recent hearing took place on October 14, 2020, closed to the press and monitors due to an existing “confidentiality order” in  the case.

Dündar’s lawyer stated that they objected to the decision to seize Dündar’s assets and to be deemed fugitive. The prosecutor submitted his final opinion requesting a prison sentence for Dündar from 22 years, six months up to 35 years.

The next hearing will be on December 4, 2020. 

Read more about the case.