In the statement made by the Turkish Journalists Association, it was reminded that journalist Selahattin Günday was arrested within the scope of the investigation that was restarted 15 years later, regarding the death of Kaşif Kozinoğlu in Silivri Prison in 2011.
The statement stated that the deprivation of freedom of journalists, who serve the public's right to receive information, with arrest warrants devoid of concrete evidence and legal justifications, is not only a violation of individual rights, but also a heavy blow to the society's right to information.
"It should not be forgotten that the guarantees given to journalists in democratic systems are not the guarantees given to the journalist personally, but directly to the society's right to receive news. According to the information made public, Selahattin Günday was practicing his profession as a courthouse reporter on the date of the incident.
His statement that he did not take the footage on which the accusations of 'disclosing information and documents related to intelligence activities' and 'unlawfully seizing or disseminating personal data' were made public, and that 'his duty was as a reporter and not a cameraman' was shared with the public. No information has been made public that there is technical evidence in the file that refutes this statement.
"INFORMATION THAT EVERYONE KNOWS CANNOT BE CONSIDERED AN INTELLIGENCE SECRET"
"In the arrest request, it is not stated what image Günday took, what information he obtained and where he published it. Among the information reflected to the public; In a document reported to have been submitted to the file, it is stated that the person who first shot the image in question was another agency reporter, and that person's own words are included. It is also understood that the information about Kozinoğlu's identity and his coming to the courthouse was already in the press on the date of the incident and was known to the public.
Information known to the public cannot be considered an intelligence secret. In light of this information, we would like to remind you that; The arrival of a public official at the courthouse is an event that concerns the public; The event itself is news and news cannot be banned. Our colleague's lawyer also stated that the article of law used as a basis for the arrest was not in force in its current form on the date of the alleged action. Laws cannot be applied retroactively. The defense also claimed that the legal statute of limitations had expired based on the alleged act, and the decision did not provide a reasoned answer to this objection. The statements in the arrest warrant regarding the possibility of escape, obstruction of evidence and pressure were not based on any concrete facts.
"HE MADE A PUBLIC NEWS FOLLOW-UP"
Reminding that Article 26 of the Constitution guarantees the freedom to express and spread ideas, and Article 28 guarantees freedom of the press, the following statements were made:
"Article 26 of the Turkish Penal Code No. 5237 provides that 'no penalty shall be imposed on anyone who uses his rights'. If there is a public interest in reporting the news, if it is up-to-date and if it is made in accordance with professional principles, that news is considered lawful, regardless of its consequences. In the Declaration of Rights and Responsibilities of Journalists of Turkey, the main purpose of journalism is defined as serving the public's right to learn the truth.
For this purpose, Selahattin Günday made a public news follow-up in front of the courthouse. It is unacceptable for a reporter to be deprived of his freedom because of an image he did not take, under a law that is not in force, and under a statute of limitations.
As the Turkish Journalists Association, we demand that the arrest decision against our colleague Selahattin Günday be re-evaluated and released, in line with the principles of the rule of law, the right to a fair trial and freedom of the press. Journalism is not a crime."
