Arrest had been requested for 3 journalists: The criminal judgeship's decision document in the expert witness investigation has emerged
The decision document of the criminal judgeship of peace has been obtained regarding the "disclosure of an expert witness" investigation, in which journalists Barış Pehlivan and Kürşad Oğuz were released under judicial control, while Suat Toktaş was arrested.
AA
Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu made statements that dominated the agenda during a press conference he held on Monday, January 27. During the meeting, İmamoğlu disclosed the name of the expert witness appointed in the investigations conducted against himself and CHP-run municipalities, and detailed their past incidents.
Following the press conference, an investigation was launched by the Istanbul Chief Public Prosecutor's Office against İmamoğlu for the "crime of influencing an expert witness or witness on duty." It was announced that an investigation had also been launched into the media organizations that broadcast İmamoğlu's statement.
The prosecutor's office had requested the arrest of journalists Suat Toktaş, Barış Pehlivan, and Kürşad Oğuz, who were detained as part of the investigation initiated because the expert witness, whose name was made public by İmamoğlu, was granted the right of reply.
Accordingly, a judicial control decision was issued for Barış Pehlivan and Kürşad Oğuz. Suat Toktaş, however, was arrested.
The investigation initiated by the Istanbul Chief Public Prosecutor's Office continues, following the determination that "a telephone conversation with the expert witness was recorded and broadcast without permission, and that words were spoken during the Halk TV broadcast that aimed to influence the course of the trial by naming the expert witness in a way that targeted them."
The decision document of the duty criminal judgeship of peace regarding the investigation has been obtained.
The document noted that, considering Suat Toktaş's statement regarding the crimes he is accused of, there is concrete evidence and facts indicating the existence of strong suspicion of a crime to the extent that an arrest measure could be decided against him.
It was stated that although Toktaş claimed he thought Pehlivan had received permission from the expert witness after Pehlivan replied to him by saying, "Brother, we are journalists," an experienced journalist who has worked for many years should have known that he should not have broadcast this recording without being certain that permission had been obtained.
ASSESSMENT THAT "THERE WAS NO PUBLIC INTEREST IN BROADCASTING THE AUDIO RECORDING"
The document alleged that the audio recording played at the judgeship did not qualify as an interview, that the expert witness insistently emphasized that they did not want to give an interview, and that considering the content of the audio recording, there was no public interest in broadcasting it.
It was claimed that in their defenses, Pehlivan and Oğuz emphasized that it was Toktaş who broadcast the recording, that Toktaş repeatedly emphasized the name of the expert witness complainant during the program, declared that they were not independent and impartial, and attempted to influence the complainant by creating public pressure.
The document stated that it was decided to arrest Toktaş separately for each of the crimes he is accused of.
Regarding the crimes Barış Pehlivan is accused of, the document stated that although the prosecutor's office requested an arrest measure, it was understood from the statements in the file that Pehlivan was not the person who made the recording.
The document stated that there was no evidence in the file showing that Pehlivan was aware that the audio recording was made for the purpose of being broadcast and that Toktaş would broadcast it, and it was noted that he had sent a message to Toktaş saying, "I did not get permission," as a warning, and that an arrest measure for the two crimes would be disproportionate at this stage.
Regarding the crimes Kürşad Oğuz is accused of, the document stated that although it was Oğuz who recorded the conversations, he did so thinking it might be newsworthy, and it was understood that Oğuz, like Pehlivan, had warned Toktaş that the recording should not be broadcast, and that an arrest measure would be disproportionate.
The document explained that it was decided to release Pehlivan and Oğuz with judicial control measures consisting of signing in and a travel ban.
Speaking to members of the press in Çağlayan Square after the proceedings at the judgeship, Pehlivan stated that Suat Toktaş had trained many journalists in Turkey and claimed that he was unlawfully deprived of his freedom.
Stating that they would continue their struggle for law and journalism, Pehlivan said, "We want all our viewers to support Halk TV even more from today onwards."
Kürşad Oğuz also said in his statement there that they stood with Suat Toktaş.
Oğuz continued as follows:
"Halk TV has always been on the side of the people. Both Suat and we expect the people to stand with Suat Toktaş and Halk TV even more from now on. Politicians came, the people came, and expressed their reactions at the door of Halk TV. These were very important; they showed the power of resistance. Perhaps we are outside right now thanks to that, but we will also get Suat out."