The first hearing in the trial of journalist Nadiye Gürbüz, who has been held in pretrial detention for seven months on a charge of “membership in an organization,” was held at the Istanbul 25th High Criminal Court. The court ruled to keep Gürbüz in detention on the grounds that not all nine confessors named in the indictment had yet been heard. The next hearing is scheduled for Dec. 8, approximately three months later.
ISTANBUL — The first hearing in the trial of journalist Nadiye Gürbüz on a charge of “membership in an organization” was held at the Istanbul 25th High Criminal Court. The hearing began an hour late because of a technical malfunction in the Audio and Visual Information System, known by its Turkish acronym SEGBİS, which is used for remote participation in court proceedings. Gürbüz and her lawyers were present in the courtroom.
In her defense statement, Gürbüz said she had worked for various radio stations and newspapers for about 30 years. She said she decided to become a journalist during a period marked by the killing of journalist Metin Göktepe and attacks on newspapers.
Göktepe, a reporter for the left-wing Evrensel newspaper, died in police custody in Istanbul in 1996, in a case that became a prominent symbol of violence against journalists in Turkey.
Gürbüz said she began working at the Atılım newspaper and went on to work for various media outlets over the years. She said she still works for Atılım and has also occasionally produced news reports for the Etkin News Agency, or ETHA.
“I am a socialist journalist, and I was arrested because of that,” Gürbüz said, adding that they report on social issues and seek to make the voices of oppressed people heard.
“They wanted to silence us, but they failed,” Gürbüz said.
She says reporting on women was also cited as evidence
Gürbüz said one of the reasons for her arrest was her reporting on women, adding that they had continued to keep the cases of Gülistan Doku and Rojin Kabaiş in the public eye through their news coverage.
“While I was in detention, many state officials, from the governor to a diver, were arrested over the murder of Gülistan Doku. It was already known six years ago that those who committed the murder were being protected,” Gürbüz said.
Arguing that pretrial detention had turned into a form of punishment and that prisons were operating beyond capacity, Gürbüz also described conditions at Bakırköy Women’s Prison in Istanbul.
“There were 55 of us in a ward designed for 35 people, and two people had to share a single bunk,” she said.
“There are contradictions in the confessors’ statements”
Gürbüz also rejected the statements by confessors included in the case file. She said it was widely known that she was a journalist, but that the confessors had claimed she was simultaneously a member of different organizations, including the PKK, the MLKP and the KCK.
Pointing to contradictions in their statements, Gürbüz said she had attended an event marking the 30th anniversary of the Atılım newspaper and that her participation had also been cited as grounds for her arrest.
“This event was broadcast live. They claim it was a terrorist organization’s event. What terrorist organization broadcasts its event live? Police officers were also present at the event. If it was terrorism, why didn’t they intervene?” Gürbüz said.
Gürbüz said her attendance at an event in Suruç, a town in southeastern Turkey near the Syrian border, and an interview she conducted had also been cited among the accusations against her.
“I am a journalist. I can attend events. The person I interview may also be someone who is wanted by the authorities. Journalists also interview wanted people,” she said.
Gürbüz cited the late journalist Mehmet Ali Birand, who interviewed leaders of organizations designated as terrorist groups on numerous occasions, as an example, saying that such interviews constitute journalistic activity.
She explains HTS records and money transfers
Gürbüz also addressed the HTS records, which show telephone communications traffic and were cited among the accusations against her. She said she had been in contact with the people listed in the records because she was a journalist, adding that the prosecutor had also treated calls with her daughter and her lawyer as part of the allegations.
“In fact, during the investigation against me, I learned that Vodafone AŞ is a terrorism offender. By that logic, Vodafone’s millions of subscribers could be members of a terrorist organization,” Gürbüz said.
Gürbüz also addressed money transfers included in reports by Turkey’s Financial Crimes Investigation Board, known by its Turkish acronym MASAK, saying that rent payments and legal fees she sent to her lawyer had been cited as evidence against her.
“Am I not supposed to have a bank account because I am a socialist?” Gürbüz asked, saying the transfers in question were ordinary payments.
Gayıp says money transfers were payments made while she was detained
Journalist Pınar Gayıp, who was arrested as part of the same investigation and released after seven months, testified as a witness at the hearing. Gayıp said she and Gürbüz were roommates.
“When I was arrested last year, Nadiye sent me money or paid bills on my behalf while I was in detention. Those are the money transfers in question,” Gayıp said.
Witness Hüsnü Fuat Uyur also said he lived with Gürbüz.
“Because we live in the same house, we share common expenses. There were money transfers between us for rent and basic household needs,” Uyur said.
Secret witness says they do not know Gürbüz personally
A secret witness testified at the hearing via SEGBİS, with the witness’s voice and image altered to conceal their identity. The witness said they did not know Gürbüz personally.
The witness said Gürbüz had worked for ETHA and conducted interviews there, adding that they had heard ETHA described as an “organization’s media outlet.”
“I do not know Nadiye Gürbüz personally,” the secret witness said.
Lawyer Hanbayat: She was previously acquitted of the same allegations
Gürbüz’s lawyer, Meral Hanbayat, said her client had previously been investigated and prosecuted over the same allegations. Hanbayat said Gürbüz was acquitted in that case and that the acquittal was upheld.
“One year after my client’s acquittal was upheld, she was again taken into custody and jailed pending trial over the same allegations. The allegations are the same: working for the Etkin News Agency,” Hanbayat said.
Hanbayat said a new investigation based on the same allegations was opened while her client was in detention.
“If she had not already been detained, she would have been jailed pending trial again over the same allegation. In other words, my client could keep appearing before you again and again over the same allegations,” she said.
Hanbayat said all nine confessors in the case file had described Gürbüz as a reporter working for ETHA.
“The legal requirements for membership in an organization are clear; there must be hierarchy and continuity. There is no such situation here. What we are discussing are Nadiye Gürbüz’s journalistic activities and her work at ETHA and the Atılım newspaper,” Hanbayat said.
Court orders Gürbüz to remain in detention
The prosecutor requested that Gürbüz remain in pretrial detention, saying that some of the confessors had not yet given statements. The prosecutor cited the nature of the alleged offense and the existing evidence in support of the request.
After a brief recess, the court ruled to keep Gürbüz in detention, citing the fact that the witnesses had not yet been heard.
The hearing was adjourned until 11:20 a.m. on Dec. 8.
