Deniz Tekin
Lawyer Süleyman Şahin, who was tried on the charge of “being a member of an organization” based on his professional activities and the witness statements against him, was acquitted in the case held at the Diyarbakır 5th High Criminal Court.
The fifth hearing of the case in which Şahin was tried was monitored with the participation of lawyers from the Diyarbakır Bar Association, Association of Lawyers for Freedom (ÖHD), Defense Without Borders-Solidarity Borders (DSF-AF) Association, and the Paris Bar Association. Lawyer Şahin and his defense attorneys also attended the hearing.
Making his defense based on two merged case files, Şahin rejected the statements of the secret witness; he emphasized that the accusations stemmed from his professional activities and that participating in client statements did not constitute a crime.
In its opinion, the prosecutor requested that Şahin be punished for the crime of “being a member of an organization.” However, the defense attorneys stated that the witness statements were abstract and contradictory, that exculpatory evidence was not collected during the investigation process, and that law enforcement and the prosecutor’s office abused their authority.
Lawyer Baver Mızrak reminded that witness Ümit Akbıyık made identifications regarding 669 people in 32 hours and said the statements were contrary to the ordinary course of life. He drew attention to the fact that, although his lawyer was present at the courthouse when Akbıyık’s statement was taken, the statement was taken in violation of procedure.
Lawyer Gülan Çağın Kaleli stated that exculpatory evidence in the file had to be collected by the defense, and that the trial targeted legal practice. Lawyer Serdar Özer stated that between 2016 and 2023, 1,700 lawyers were prosecuted in Turkey, and that investigations were launched against 25 lawyers based solely on Akbıyık’s statements, emphasizing that it is unacceptable for lawyers to be prosecuted because of their professional activities.
The court ruled that the legal elements of the accusation against Şahin did not exist and decided to acquit him.
