In the announcement of the crime number 5842 of the Financial Crimes Investigation Board of the Ministry of Treasury and Finance: "On the website of Deutsche Welle Newspaper on 14.02.2022 (
https://www.dw.com/trmasakın-işid-raporu-türkiye-üzerinden-para-transferi-yapında" /a-60770932) The news titled "MASAK's ISIS report was transferred through Turkey", written by a journalist named Alican Uludağ, is included in the appendix, and the news also includes intelligence information obtained from many state institutions by our Presidency. "The content of the confidential report has been disclosed." Investigation procedures were initiated upon a criminal complaint.
In summary, the statement given by the suspect accompanied by his defense counsel in the office of the Public Prosecutor on 19/03/2024; "...I obtained the MASAK report in question from the file of the Ankara 4th High Criminal Court, known to the public as the "garden case", and made the news. I received the report from a person who was a party to the court, examined it and reported it. The documents are included both in the court minutes and in the warrant sent to the court by the prosecutor's office. There is no statement that it is confidential or a state secret and that it should not be disclosed. Moreover, when we evaluate it fundamentally, the information contained in the news is not information that is a state secret in the context of the crime charged against me. I do not accept the accusations made against me. I made the news in question in connection with my profession as a journalist. ." in the statement
In line with the suspect's written defense and statement, the 13th and 14th hearing minutes were requested in the file numbered 2018/287 of the Ankara 4th High Criminal Court, and that the 13th and 14th hearings took place on 24/11/2021 and the 14th hearing took place on 17/02/2022. was seen, and in addition, in the interim decision number 5 of the 13th hearing, it was decided to ask about the fate of the MASAK report, and in the 14th hearing, it was written in the minutes that the said reports had arrived,
You can access this document in the UYAP Information System at
http://vatandas.uyap.gov.tr with 07A4X1S DIPdoLX LJuUtHu uk/Pa8=
Considering the scope of the entire file, the suspect denied the accusations in his defense statement, the MASAK report confirming the suspect's allegations was sent to the file numbered 2018/287 of the Ankara 4th High Criminal Court before the date of the news, and the suspect examined the documents in question in the open trial. When the information in the reported report is examined, it falls within the scope of information that must remain secret due to its nature in terms of the security of the state or its internal or external political benefits, which are among the legal elements of the crime of Providing Secret Documents Regarding the Security of the State and Disclosing Information That Should Remain Confidential Regarding the Security and Political Benefits of the State. 8/4 of the relevant Law No. 6415, mentioned in MASAK's criminal complaint, and that no statement indicating the contrary was annotated during the presentation of the information in question to the court and the prosecutor's office. It is stated that what is meant by confidentiality specified in the paragraph is that the transactions to be carried out during the investigation procedures will be carried out on the basis of confidentiality, that the purpose intended by confidentiality here and the information that must remain confidential due to the nature sought in the crime charged against the suspect are of different nature, and that the legal elements of the crime attributed to the suspect as explained have not occurred in the concrete incident, at this stage. It is understood that sufficient evidence has not been obtained to require filing a public lawsuit against the suspect,
For the reasons explained above,
THERE IS NO ROLE TO PROSECUTE THE SUSPECT ON BEHALF OF THE PUBLIC,
Ankara Criminal Court of Peace decided to notify the suspect's defense counsel and the complainant institution of the decision within 15 days from the notification of the decision, in accordance with Article 172 and following articles of the CMK, with the possibility of objection..
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