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Defendants: Müyesser Yıldız, İsmail Dükel

Media Outlet and Position: Oda TV, TELE1 – managing editor and correspondent 

Accusations: Possessing and revealing secret documents regarding national security

Possible sentence: From 6 years 3 months to 17 years and 6 months

Court: Ankara 26. High Criminal Court

Case Background:

Müyesser Yıldız, the managing editor of Oda TV  and İsmail Dükel, TELE1 TV correspondent, were detained on June 8, 2020 on the charges of “possessing and revealing secret information regarding national security” following an anonymous complaint stating that a military official allegedly shared confidential information and documents with two journalists who later reported on the information. The information was allegedly regarding the military operations in Libya and northern Syria.

Yıldız and Dükel were initially accused of “providing the information that should remain confidential in terms of the security of the state or domestic or foreign political benefits for the purpose of political and military espionage” in accordance with Article 328 of the Turkish Penal Code. However, later on the espionage charges were dropped and journalists were charged with “revealing secret information regarding national security” under Article 329.

During interrogation, Yıldız and Dükel stated that the information in dispute was not confidential and was available in public resources as well. Yıldız was arrested on June 11,2020, while Dükel was released on bail pending trial.

Yıldız submitted an application to the Constitutional Court in July 2020, claiming that her pretrial detention was a right violation.

The first hearing took place on November 9, 2020. Yıldız’s lawyer submitted an expert report to the court indicating that the information shared by the military officer was previously reported in the press.

During the November 9 hearing, following the completion of the defenses, the prosecutor presented his final opinion and demanded that another criminal complaint be filed against the defendants on the charge of “obtaining documents regarding state security” in accordance with Article 327 of the Turkish Penal Code. The court ruled to release Yıldız and adjourned the second hearing to January 6, 2021.

During the second hearing on January 6, 2021, Yıldız and Dükel have been indicted for the second time on the charge of “obtaining documents regarding state security,” facing up to 14 years in prison additionally. Their lawyers requested additional time to present a defense.

The court adjourned the trial to February 5, 2021.

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