MEDIA MONITORING DATABASE
Can Dündar – trial for “obtaining and disclosing confidential information for purposes of political or military espionage”
RELATED PERSON OR INSTITUTION
Can Dündar
CITY
İstanbul
YEAR OF INTERFERENCE
2021
LAST UPDATED
27/12/2022
TYPE OF STATEMENT
Political
MEDIUM
Internet
Internet News Portal
THE TITLE OF WHOSE RIGHT IS INTERFERED
The Owner (Person) of the Media Outlet
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Judicial Interference
Criminal Courts
Approval of the indictment and initiating the prosecution
THE LEGAL GROUNDS FOR INTERFERENCE
Turkish Penal Code
Art. 330/1

The first hearing of the case separated from the “National Intelligence Organization (MİT) trucks” case filed against Can Dündar, the former editor-in-chief of Cumhuriyet newspaper, and charging the journalist with “espionage” was held at the İstanbul 14th High Criminal Court on June 8. In the trial known as the “MİT trucks case”, Can Dündar was sentenced to 27 years, 6 months in prison on charge of “espionage” and “aiding an armed terrorist organization.”

While this trial was still going on, another lawsuit was filed against Can Dündar over a video that he posted on the Özgürüz website on March 1, 2017; the file of this court case was merged with the MİT trucks case. However, as the statement of Can Dündar, who currently lives abroad, could not be taken as part of this file, the file of this case was separated from the main trial at the final hearing of the latter. The separated file then turned into a new court case. 

As part of this separated file, Can Dündar is charged with “securing information that, due to its nature, must be kept confidential for reasons relating to the security or domestic or foreign political interests of the State, for the purpose of political or military espionage” (Turkish Penal Code / TCK Article 328) and “disclosing information that, due to its nature, must be kept confidential for reasons relating to the security or domestic or foreign political interests of the State, for the purpose of political or military espionage” (TCK Article 330). The court hearing the case, the İstanbul 14th High Criminal Court, ruled that an arrest warrant should be issued against Can Dündar. The court also ruled that a written request should be issued for Dündar’s extradition and for a red notice to be issued against him. The next hearing will be held on October 6 (July 30).

The hearing held on October 6, 2021 was not attended by Can Dündar, who lives abroad, or his attorneys. The court accepted the involvement of Recep Tayyip Erdoğan in journalist Dündar’s hearings on the grounds that Erdoğan had been possibly aggrieved by the offense charged. The next hearing will be held on December 29, 2021 (October 6).

At the hearing held on December 29, 2021, Can Dündar’s lawyers did not attend the hearing by offering an excuse. The hearing has been adjourned until a later date (December 29). 

At the hearing held on December 27, 2022, the court ruled that the execution of the warrant issued against Can Dündar and the response to the request for extradition should be awaited. The next hearing will be held on April 5, 2023 (December 27).