HAYRİ DEMİR
In the second hearing of the trial, 18 individuals who participated in the '3rd Eskişehir Pride March' were acquitted. The trial was held at the Eskişehir 4th Criminal Court of First Instance on March 1, 2024. These individuals were initially detained following a police intervention after the march, planned for July 2023 in Eskişehir, was banned. They faced charges of "violating the Law No. 2911 on Meetings and Demonstration Marches."
A section of the defendants and their lawyers attended the trial, which took place in a larger courtroom of the High Criminal Court due to the small size of the original courtroom.
At the start of the hearing, it was noted that footage of the moment of detention requested from the Eskişehir Police Department had been added to the file.
'We are at a point where legal predictability does not exist'
Abdullah İkbal Arslanbaş, who did not make a defense statement in the previous session, presented his defense. Criticizing the police report, Arslanbaş said, "In the reports, police often make statements contrary to the truth. The report refers to a 'so-called pride march,' but I don't understand how there can be a 'so-called' pride march."
Arslanbaş pointed out that they were detained without warning even before any press statement was made and argued that the indictment was prepared without a video transcript, a first in his experience with Law No. 2911 cases. He defended his presence at the event not as a protester but as a lawyer fulfilling his duty to defend human rights. He also noted that no one has ever been penalized for participating in a pride march, which has been a tradition for years.
Lawyer Heval Yıldız Karasu then made a statement. Disagreeing with the prosecution's view on preparing an expert report on the new footage added to the file, Karasu argued, "An expert looks at technical issues, none of our friends are denying their presence there. We are trying a press statement that couldn't even start. If we are going to send legal assessments to an expert, then we are not doing our job. We demand immediate acquittal."
Lawyer Hasan Çayır stated that the police officers who conducted the detention without any warning should be the ones on trial, emphasizing, "Despite our repeated statements that it's not the LGBTI+ rights but police violence that should be tried every year, nothing changes. The expert process will only increase victimization. I demand acquittal for all defendants to end this judicial harassment."
After a short break, the court viewed the footage submitted by the police.
The prosecution, in its opinion on the merits, requested an acquittal, stating that "the legal elements of the accused crime were not formed."
Following the statements on the opinion, the judge announced the verdict, deciding on the acquittal of all defendants.
Background: The Eskişehir Pride March is part of the larger LGBTI+ rights movement in Turkey, often facing challenges including bans and police interventions. This case, involving the arrest of individuals participating in a pride march, reflects ongoing issues regarding freedom of expression and assembly, particularly concerning LGBTI+ rights in the country. The acquittal of all defendants in this case is a significant development in the context of these broader societal and legal challenges.
