Emre İper, who was placed in detention at the behest of Yasemin Baba, one of the prosecutors who drafted the Cumhuriyet indictment, on the charge of using ByLock and who has been detained for 158 days even though no investigation of his phone has been made in relation to this, started his defence, thanking his family for being at his side, with the following words:
“The pain is suffered by our loved ones on the outside more than us. If those who seek and order this detention decide without examining the concrete evidence in a correct manner and speedily, this creates a whole host of worries for families. If the difficulties and injustices that these families experience were turned into a book and placed on the curriculum, I imagine that the people responsible would do all they could to examine the evidence more speedily so as to secure a just decision.”
Would a guilty party do this?
İper commented that he had noticed prior to his arrest that his name appeared in the form of initials in the Cumhuriyet indictment and had asked our newspaper’s lawyers to take an image of the phone and to have an expert determine what was on the phone. İper, indicating that an image was then taken of the telephone in the newspaper’s data processing system, said, “Would a truly guilty party do this? But, I didn’t flee and didn’t throw the only evidence, my phone, into the sea. Quite the reverse. Because I was sure that there could be no such thing on my phone, I did all I could to gather evidence.” İper, stating that he also told this to the police, said, “A charge to this effect can only result from a technical error. I was arrested before I was able to apply to the courts over this matter.”
İper, recalling judicial communications expert Koray Peksayar’s finding that ByLock was not detected on the phone in the course of an examination conducted on the phone’s back-up, said, “The police report is also unable to say, ‘ByLock is present.’ There may be an error due to IP conflict. In the last finding resulting from the information about ‘Conversion into Large Scale NAT’ in the section ‘Internet Access Providers IP Assignment Connection Methods’ of Peksayar’s report, the comment ‘For this reason, hundreds of users who have no knowledge of one another may appear to be connected with the same IP to the service through which they access the internet’ serves to show how the affair came about in technical terms.”
İper, explaining that informed by this information it is clear that the ByLock program was not present on his phone and he was not a ByLock user, objected to charges being raised over his social media posts and said, “My Twitter network consists of my family and a few of my friends.” İper said with reference to the charge raised over his Tweets concerning the process that saw the resignation of former Prime-Minister Ahmet Davutoğlu, also dubbed the “Palace coup” or “Pelican coup” by many politicians, “The opinion that this affair appeared to be a coup staged against Mr Davutoğlu is not mine alone. My Tweet amounted to a restating of pronouncements on the affair.” İper noted that all the WhatsApp messages that the police appended to fill the empty file constituted messaging within the family within the bounds of freedom of expression.”
I have suffered harm
İper replied as follows to the charge raised over his signature as one of many signatures beneath the headline “I am responsible” in an expression of solidarity in reaction to President Erdoğan’s comment “We will not leave it at that” with reference to the intelligence agency lorries news: “I had my name entered there along with all of the Cumhuriyet family out of a sense of attachment to journalism. The allegation that claims this to be a connection with a terrorist organisation is an exercise in absurdity. It has no bearing on the issue in this trial, either. There is nothing FETOist about me. I am one of the people to have suffered the most harm from that terrorist organisation. My friends and people from my family were prosecuted in the conspiracy trials they set up. The hand grenades they threw into the newspaper building came through the window behind me. I would prefer you to hold me without interrogation or questioning for life rather than for you to hold me for one day for FETO affiliation. I ask that I be acquitted in this humiliating trial.”
FOURTEEN SECONDS TO GET TO GALATA
Following İper’s defence, Abbas Yalçın, one of our paper’s lawyers, replied with technical explanations and charts to the irrational accusations surrounding the charge of being a ByLock user raised against İper. Yalçın, saying that the ByLock application was not present on the phone belonging to İper that is alleged to be the tool of crime, stressed that there were errors in the base station data in the file, saying, “The base station data shows that Emre İper went from the Bosphorous Bridge to Galata Tower in a mere fourteen seconds. It is most certainly impossible for anybody to cover such a distance in fourteen seconds.” Yalçın said that the computer technology expert Koray Peksayar had conducted an examination on the back-up of İper’s mobile phone and had commented in his opinion that the ByLock program had not been installed, and had it been installed and deleted there would be a trace of this and there was no such trace, and continued, “There is absolutely no criticism, scientific or technical debate or discussion concerning the report of an exceptionally respected and renowned expert. Why not? Because ByLock is not present on Emre İper’s phone. If there is no such thing and you persist in your desire to create suspicion, you cannot speak of its presence or absence. You will act as if there is no issue and try to cover it up. Maybe some people will believe you. The police report has been compiled along precisely these lines. Do not believe it. Believe the mobile phone in your hand that is said to be a tool of crime and that has been ringing for months with the request that it be given a proper examination. It will tell you that Emre İper is not a ByLock user.” Judicial Communications Expert Koray Peksayar also responded to the presiding judge’s questions about ByLock as a witness for the defence
Uploaded on Friday
Subsequently, Tora Pekin, one of our paper’s lawyers, pointed out that the investigating prosecutor Yasemin Baba had uploaded documents relating to ByLock into İper’s file on the National Judiciary Informatics System last Friday after working hours had ended and they had been unable to examine these documents for this reason.