Trial Monitoring

Acquittals in second Kobani indictment ignored for politicians

Acquittals in second Kobani indictment ignored for politicians

A new indictment has been prepared against five former HDP (Peoples' Democratic Party) MPs, seeking thousands of years in prison for their alleged roles in the "Kobani incidents," despite previous acquittals of senior HDP leaders.

In response to ISIS attacks on Kobani, northern Syria, widespread protests occurred across Turkey. The second indictment, filed with the Ankara 22nd High Criminal Court, targets Hüda Kaya, Serpil Kemalbay, Fatma Kurtulan, Garo Paylan, and Pero Dündar. Previously, these individuals were not included in the main case due to parliamentary immunity, which has since expired.

Filed six days after the verdict in the main case on May 22, the indictment seeks to merge this new case with ongoing trials involving 72 other individuals who have warrants issued against them.

Acquittals disregarded in murder charges

In the main trial, 36 politicians, including former HDP co-chairs Figen Yüksekdağ and Selahattin Demirtaş, were acquitted of charges related to the deaths of Yasin Börü and 36 others, most of whom were HDP members. However, the new indictment includes these same charges against the five former MPs, with Börü listed among the victims.

The victims listed in the indictment include various organizations such as the Directorate of Religious Affairs, the Meat and Fish Authority, and political parties like CHP, MHP, AKP, and HÜDA PAR, as well as the municipalities of Istanbul, Adana, Gaziantep, and İzmir.

38 life sentences and 19,680 years sought

The indictment demands 38 life sentences and 19,680 years in prison for each of the five HDP members for crimes including "undermining the unity of the state and the integrity of the country," "37 counts of murder," and "31 counts of attempted murder," among other 29 separate charges.

The 183-page first section of the indictment lists the victims and charges, while the 298-page second section details the protests known as the "Kobani incidents," which occurred in various Turkish provinces. The indictment alleges 3,777 instances of property damage, 395 thefts, and 308 violations of workplace and residential immunity across 35 provinces, 96 districts, and 131 settlements during the protests.

Citing reports from various news agencies and a post from HDP's official Twitter account (now X) on October 6, 2014, the indictment argues that these calls led to escalated violence and crimes in the streets.

Roboski commemoration cited as evidence

The indictment against Hüda Kaya, who was arrested on November 1, 2023, includes 33 news articles from 2015 to 2020 as evidence. It accuses her of participating in the women's wing of the organization and cites interviews, social media posts, and reports on Roboski commemorations organized by the HDP Istanbul Provincial Organization in December 2017 and 2016 as evidence.

Party meeting speeches criminalized

Serpil Kemalbay faces charges based on 22 news articles published between 2015 and 2020. The indictment uses her social media posts and speeches from HDP group meetings during her tenure as co-chair as evidence of criminal activity.

Fatma Kurtulan is accused of sharing a Kurdish song, *Bêjin Na* (Say No), on social media as part of the HDP's "no" campaign for the 2017 referendum, which the indictment lists as a criminal act.

Various news articles and social media content form the basis of charges against Fatma Kurtulan, Pero Dündar, and Garo Paylan. The indictment also includes HTS records, alleging that the people the MPs contacted were connected to the organization.

In its conclusion, the indictment asserts that the five HDP members acted in unison in planning and executing the events of October 6-8, and calls for their punishment for the alleged crimes.

Main case results in 407 years of imprisonment for 24 politicians

The main trial concerning the Kobani protests, which began in April 2021, involved 108 defendants, 28 of whom were detained. On May 16, 12 individuals were acquitted. Selahattin Demirtaş received a 42-year sentence, and Figen Yüksekdağ was sentenced to 30 years and 3 months, with a total of 407 years and 7 months of imprisonment handed down to 24 individuals.

All politicians in the main case were acquitted of charges related to the deaths of Yasin Börü and 36 others, as well as the injuries sustained by numerous individuals.

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