Müyesser Yıldız: 'The presiding judge was uncomfortable with my reporting on the MIT trial'

Müyesser YILDIZ / 12punto.com.tr

Journalist and 12Punto columnist Müyesser Yıldız, who has been following the trial opened over the attempted abduction of MIT Undersecretary Hakan Fidan and the attacks on MIT facilities, and who has been reporting on the dialogues taking place in court, recounts a conversation she had with the presiding judge regarding her reporting. 

Here are those lines from Yıldız:

During the trial opened over the attempted abduction of then-MIT Undersecretary Hakan Fidan during the July 15 coup attempt and the accusations of attacking MIT facilities, when a defendant said, "The decision you make will not change my life, but the decision will have repercussions for you," the Presiding Judge replied, "He who fears the iron does not board the train." It was notable that the Judge stated regarding the defendants, "To this day, you have not been able to obtain the right to present evidence or make such a defense in any file. All of the defendants have contributed with enlightening evidence."

In today's session of the trial, which is being held by the Ankara 14th High Criminal Court at the Sincan Prison campus courtroom, the defendants and their lawyers completed their defenses against the opinion on the merits.

The first defendant to present his defense, İlkay Ateş, summarized the events and interim decisions that occurred during the 2 years and 8 months of the trial process. Recalling that the Presiding Judge had provided the information that "They spoke at 22:22" when former Diyanet Affairs President Mehmet Görmez, who was heard as a witness, said that MIT Undersecretary Hakan Fidan had met with Prime Minister Binali Yıldırım that night, Ateş said, "Where did this information come from? There was contact with the Prime Minister, but it was not said that there was an attack on MIT."

After the Presiding Judge's response, "The time 22:22 is available in the file. It is in the statements Mehmet Görmez made to the press. There is no such thing as separate information arriving," İlkay Ateş continued his defense, claiming that MIT had deceived the prosecutor. Ateş ended his defense with the words, "I will not make a request from you. I believe I am right. I have nothing to do with this attack. The decision you make will not change my life, but your decision will have repercussions for you," to which the Presiding Judge said the following:

"He who fears the iron does not board the train. To this day, you have not been able to obtain the right to present evidence or make such a defense in any file. The case of depriving Efkan Ala of his liberty was heard by us. The bombing of Türksat and many similar cases were heard by us. All of them have been finalized. This file is the last one left. All of the defendants have contributed to our evaluations with enlightening evidence. Özcan Karacan also has beautiful things to say. We will listen to him too."

WHOM DID THE JUDGE MEAN?

When asked for their comments on the defenses, Hakan Fidan's lawyer stated that their complaints continue and requested that the defendants be punished.

The last defendant to present his defense, Özcan Karacan, requested the recusal of the judge on two grounds, while the Presiding Judge mentioned the name of defendant Ünsal Coşkun and said, "You do not have the composure he has." After Karacan replied, "What can I do, God created me this way too," he continued as follows:

"You said in yesterday's session that the court records were published in FETÖ media outlets before they were signed. Who do you suspect? Your own clerks, us, the lawyers, the police, or the soldiers? This is a major accusation; you need to clarify it. Even your own office is under suspicion."

While Özcan Karacan claimed that the Presiding Judge started well but changed later, he said, "I told you then that if you go on like this, you would not be able to become a member of the Court of Cassation. Now I have changed my mind; I am sure you will be elected to the Court of Cassation very soon."

Karacan also criticized the indictment and the opinion as follows:

"It has been the lot of very few prosecutors to prepare an indictment by believing what they heard from liars who have resorted to the language of fear. How did such an opinion come out of this indictment? Both are worse than the other. I wish the prosecutor had narrated a volleyball match instead of preparing this opinion."

When the Presiding Judge asked him to finish his defense in two hours and stated that he would take the final words after his lawyer, Karacan replied, "My defense will not finish at the time you planned in your head. I have 149 more slides. Even if I finish, my lawyer's will not catch up. Do not force us, do not tire us. Let's continue after the holiday." The Judge adjourned the hearing to June 26 after Karacan said he would not finish his defense despite all his insistence.

HE TOLD THE JOURNALIST HOW TO WRITE

At the end of the hearing, the Presiding Judge clarified his discomfort regarding the fact that what was discussed here was published in FETÖ media outlets before the court records were released, and asked, "Is Müyesser Yıldız here?" Upon my saying, "I am here," he said the following in summary:

"We saw that you wrote the statements here word-for-word before the records were even released. It is a sensitive case; things subject to confidentiality are being discussed.

Considering the presumption of innocence of the defendants, it would be better if you wrote with general expressions instead of writing word-for-word. We are already examining the cameras to determine whether recordings are being made."

I stood up and gave the following response:

"Mr. Presiding Judge, there is the principle of the openness of hearings. I am writing whatever is being said. There is nothing secret or hidden. If you are uncomfortable, you can issue a confidentiality order, and I will not watch. Furthermore, my phone is primitive; it has no capability to record. Everyone knows how I watch all the hearings and report them as they are. You cannot put me under suspicion. My articles are open to everyone. If FETÖ members are taking them, there is nothing I can do. You cannot hold me responsible for this and accuse me."

The Judge replied to these words of mine by saying, "Let me have warned and reminded you."