AUTHOR ON TRIAL FOR EXPOSING SECURITY FAILURES IN

C O N F I D E N T I A L ISTANBUL 000210 SIPDIS E.O. 12958: DECL: 06/10/2019 TAGS: PGOV PHUM PREL OSCE TU SUBJECT: AUTHOR ON TRIAL FOR EXPOSING SECURITY FAILURES IN DINK MURDER Classified By: Consul General Sharon A. Wiener for reasons 1.4 (b) and (d). ¶1. (U) The trial of Turkish journalist Nedim Sener of the daily Milliyet newspaper for "violating the secrecy of communication" was opened on June 10 in the Istanbul 2nd Penal Court of First Instance. The indictment prepared by the Istanbul public prosecutor asserts that in his book, titled "Hrant Dink Murder and Intelligence Lies," Sener insulted security officials, attempted to influence the fair trial process, and violated the "secrecy of communication." If convicted, he could face from three months to eight years for each violation, with a potential maximum sentence of 28 years (according to a statement made by Sener). The press has pointedly contrasted this potential maximum sentence with that of Hrant Dink's accused murderer, who faces up to 20 years of prison time because he was a minor at the time of the murder. After initial statements and a request for acquittal by Sener, the judge postponed the session to a future date to provide time for defense lawyers to present their statements and evidence. ¶2. (U) According to Dink family lawyer Fethiye Cetin, and Sener, Sener used only information already publicly available. Most of the conversations between the security officials in question were available online, Sener noted, and Cetin pointed out that most of the information and documents in the book were included in the files of the Dink case and were therefore no longer "secret." With reference to the charge of influencing a fair trial and insulting security officials, Sener testified that he wanted only to reveal the truth and enable the public to have access to information while helping to preserve the respectability and trustworthiness of state institutions. Cetin contended that Sener "only did his job" as a journalist. The prosecutor could have dismissed the case, but did not, she said, which was "clearly the wrong decision when talking about the freedom of press in Turkey." ¶3. (U) Milliyet editor-in-chief and outspoken supporter of press freedoms Sedat Ergin commented on the newspaper's support of Sener as an effort for "freedom of press to be put into effect." The executive board of the Turkish Journalists Society also issued a written statement saying that Sener's trial is a "worrisome development," noting the prosecution of journalists calls into question the strength of democracy in countries where press freedoms are unattainable. The executive board of the main opposition Republican People's Party (CHP) took up the case when it convened yesterday. Party officials said that the case is an unacceptable infringement of the right of freedom of expression. CHP leader Deniz Baykal reportedly instructed party officials to follow the issue closely. ¶4. (C) Comment: Given the wide public distribution of the Dink trial documents, the case against Sener for violating the "secrecy of communication" and insulting security officials appears dubious. The seemingly weak legal foundation for the lawsuit, combined with the fact that the Turkish judiciary has traditional statist ties to CHP may be an early indication that Sener's case could follow an increasingly common pattern where prosecutors open contentious cases against writers, and then the court either acquits the defendant or reduces a jail sentence to a monetary fine. End comment. WIENER