MEDIA MONITORING DATABASE
The trial against Journalist Erk Acarer due to news on the death of a MİT member
RELATED PERSON OR INSTITUTION
Erk Acarer
CITY
İstanbul
YEAR OF INTERFERENCE
2020
LAST UPDATED
02/02/2022
TYPE OF STATEMENT
Political
THE TITLE OF WHOSE RIGHT IS INTERFERED
Journalist
TYPE OF INTERFERENCE
Judicial Interference
Criminal Courts
Approval of the indictment and initiating the prosecution
THE LEGAL GROUNDS FOR INTERFERENCE
Turkish Penal Code
Art. 329/1

OdaTv News Editor Barış Terkoğlu and journalist Hülya Kılınç, OdaTv editor-in-chief Barış Pehlivan Journalist Murat Ağırel from Yeniçağ Newspaper, Yeni Yaşam Newspaper editor-in-chief Ferhat Çelik, chief editor Aydın Keser was arrested due to news articles they published regarding the funeral of an intelligence (MİT) agent.

Journalists are indicted with allegedly disclosing confidential information and facing prison sentence from 7 to 18 years. the indictments was accepted by İstanbul 34th Heavy Penal Court on March 8.

Journalist Erk Acarer who has been abroad since 2017 is also indicted within the same trial. On May 1st, an arrest warrant was issued against Acarer.

At the first hearing of the trial on 24 June, Istanbul 34th High Criminal Court released Barış Terkoğlu Ferhat Çelik and Aydın Keser with the decision of judicial control. Court decided on the continuation of the detention of Barış Pehlivan, Hülya Kılınç and Murat Ağırel. Next hearing will be held on September 9.

At hearing held on September 9, Aydın Keser, Barış Pehlivan, Barış Terkoğlu, Eren Ekinci, Hülya Kılınç, Ferhat Çelik ve Murat Ağırel have been acquitted of “disclosing state information” as per Article 329 of the Turkish Penal Code.

Terkoğlu and Ekinci have been acquitted of disclosing information and documents related to intelligence operations as per Article 27/3 of the MİT law. Judicial control measures on Barış Terkoğlu have been lifted.

The court has sentenced Aydın Keser, Ferhat Çelik and Murat Ağırel to 4 years, 8 months and 7 days and Barış Pehlivan and Hülya Kılınç to 3 years and 9 months in prison for violating the Law on National Intelligence Organization (MİT). The time they spent behind bars while they were remanded in custody will be deducted from their sentences.

Considering the time Barış Pehlivan, Hülya Kılınç and Murat Ağırel spent in prison when they were remanded in custody, the court has ruled for their release with an international travel ban. Also, the judicial control measures imposed on Aydın Keser and Ferhat Çelik have been lifted.

The case of Erk Acarer, who is currently abroad, has been separated from the main case (9 September).

On February 2, 2022, the appeals court upheld the prison sentences given to journalists Barış Pehlivan, Hülya Kılınç, Murat Ağırel, Aydın Keser and Ferhat Çelik over their news and posts about the death of a National Intelligence Organization (MİT) official in Libya (February 2).