MEDIA MONITORING DATABASE
Can Dündar – Gezi Park trial
RELATED PERSON OR INSTITUTION
Can Dündar
CITY
İstanbul
YEAR OF INTERFERENCE
2018
LAST UPDATED
25/04/2022
TYPE OF STATEMENT
Political
THE TITLE OF WHOSE RIGHT IS INTERFERED
Journalist
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. 312/1

Istanbul Chief Public Prosecutor’s Office of Terror and Organized Crimes, launched an investigation against Can Dündar claiming that he was “trying to agitate and guide people”, “encouraging members of terror organizations who participated the protest against police forces” during Gezi Park Protest. The Prosecutor’s Office issued an arrest warrant against journalist Can Dündar on 6 December 2018.

Consequent of the investigation, the trial, also known as Gezi Park Case, was initiated on 24 June 2019 in which many rights-based civil society members are standing trial, including Osman Kavala, Mücella Yapıcı, as well as Can Dündar.

After the separation of Can Dündar’s file from the main trial, at the first hearing held on September 15 court rejected the lawyers’ request to receive defendants’ defense statements from the countries they reside in via rogatory letters and rules to wait for the arrest warrants to be executed. The next trial will be held on 14 January 2021 (15 September).

At the hearing held on January 14, the court board ruled that the execution of the warrants issued against the defendants should be awaited. The next hearing will be held on April 28 (January 14).

After the verdicts of acquittal previously given in the Gezi Trial were overturned by the court of appeals, the court board, at the hearing on April 28, 2021, ruled that the file of this case should be merged with the file that was sent back to the İstanbul 30th High Criminal Court following the overturn of the acquittals. 16 defendants, including Osman Kavala, will stand trial again together. The first hearing will be held on May 21, 2021 (April 28).

As the court of appeals reversed the verdicts of acquittal in the Gezi trial, 16 defendants, including businessperson Osman Kavala, who had been behind bars for 1,298 days, appeared before the judge. The court board adjourned the hearing. The next hearing will be held on August 3, 2021 (May 21).

On August 3, 2021, the İstanbul 30th High Criminal Court held a hearing and ruled that the Çarşı case and the Gezi trial should be merged at the İstanbul 13th High Criminal Court and that the imprisonment of Osman Kavala should continue. The next hearing will be held on October 8 (August 3). 

At the hearing held on October 8, 2021, the court board ruled by a majority of votes that the arrest of Osman Kavala should continue on the grounds that “there was no change in the legal situation” and “there was strong criminal suspicion”. The next hearing will be held on November 26 (October 8). 

At the hearing held on February 21, 2022, the dissenting opinion of a judge from the court board recalled that Kavala’s defense had been taken and evidence had been collected and requested his release. The court ruled that it should be awaited until some defendants, including Can Dündar, were caught. The next hearing will be held on March 21 (February 21).

At the hearing held on March 21, 2022, the court ruled that the detention of Osman Kavala should continue and the execution of the warrants against some defendants, including Can Dündar, should be awaited. The next hearing will be held on April 22 (March 21).

At the hearing held on April 22 and 25, 2022, the court board ruled that Osman Kavala should be sentenced to aggravated life imprisonment on charge of “attempted overthrow of the government” and acquitted of “espionage” and released on the grounds of lack of sufficient evidence proving that he had committed the crime. The court also ruled that the files of the following defendants who were abroad should be separated: Pınar Öğün, Henri Barkey, Can Dündar, Gökçe Yılmaz, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu, Mehmet Ali Alabora, Yiğit Aksakoğlu and İnanç Ekmekçi (April 25).