Ancillary Trial: Judge Learned Details from Television

The second hearing of the trial against lip reading expert Özgür Tekol and atv Editorial News Manager Selma Yıldız was held on Monday (12 July) within the scope of the Engin Çeber case. Çeber died from torture experienced in the Şehit Muhittin Bodur police station and in Metris Prison (Istanbul) after he had been arrested because of a demonstration in October 2008.

Tekol and Yıldız stand accused of "attempting to influence a fair trial" because of broadcasting an expert report on television prior to a hearing of the Engin Çeber torture case.

Expert report on TV before the hearing

In a live broadcast of the main news program, defendant Tekol announced that he was appointed as an expert upon the request of Fuat Karaosmanoğlu, Deputy Head of the Metris Prison. He said that to the contrary of the witnesses' statements, Karaosmanoğlu had not threatened Çeber and that he had not said "This is the punishment for people who do not get up for the count" on 7 October 2008 at the door of Çeber's cell.

However, the Çeber family lawyer, Taylan Tanay, told bianet that the court did not take the report into account and that Karaosmaoğlu received an aggravated life sentence in the trial related to Çeber's death through torture.

Çeber family not accepted as joint plaintiff party

According to lawyer Tanay, Tekol did not attend the hearing on Monday. The court dismissed the demand of the Çeber family to be accepted as a joint plaintiff because "they were not directly harmed". The Istanbul 12^th Criminal Court of First Instance requested the reasoned decision of the Çeber torture case and postponed the trial to 20 October.

Defendant Yıldız attended the hearing and declined the charges pressed against him. He claimed that he had published a news item related to the then still pending torture case.

Lip reading expert Tekol had rejected the accusations in the previous hearing. He stated, "I was appointed as an expert because of the case".

He continued, "I fulfilled the duty given to me by the court and prepared a report. I submitted the report to the court in the morning. atv called me the same day. They said they wanted an interview. I thought I was going to talk about technical issues and agreed. It was broadcasted in the main evening news program. The interview was actually recorded in the afternoon. I answered the questions they asked me. I did not talk about special interviews related to the case. Thus, I did not attempt to influence a fair trial".

Yet, lawyer Tanay told binate that the judge trying the Çeber torture case learned the information conveyed by the report from television. "He got to know the contents of the report via television before the report had actually been read by the court board and the parties involved. Yet, an expert has to remain neutral. The court filed a criminal complaint upon our related request", Tanay said.

The indictment seeks prison terms of between nine months and 4.5 years for Tekol and Yıldız under charges of "attempting to influence a fair trial". (BT/TK/VK)