Trial Monitoring

ÇHD lawyers refuse to present defense: 'We will not be part of this theater'

ÇHD lawyers refuse to present defense: 'We will not be part of this theater'

EYLEM SONBAHAR

Lawyers Nazan Betül Vangölü Kozağaçlı and Seda Şaraldı, both members of the Progressive Lawyers Association (ÇHD), declined to present a defense during the first hearings of their trials, citing the unjust conditions of their proceedings. Both are on trial for "membership in a terrorist organization" due to their professional activities. Many lawyers were barred from entering the courtroom, leading to clashes with security personnel.

The first hearing in the case against Kozağaçlı, who was arrested following operations after an armed attack on a police station near Istanbul's Çağlayan Courthouse, took place at Istanbul’s 26th High Criminal Court. Kozağaçlı, escorted by gendarmes, was present, along with representatives from legal organizations such as the Association of Lawyers for Freedom (ÖHD), ÇHD, and international groups like Lawyers for Lawyers (L4L).

Lawyers and audience barred, tension erupts

Due to the limited size of the courtroom, many lawyers and observers were not allowed in. This led to a scuffle between lawyers and courthouse security, during which the judges left the room. After the situation was resolved, Kozağaçlı was brought back, and the hearing resumed. Kozağaçlı, who has been in detention since February 9, 2024, said, “I’ve been a lawyer for 26 years. My colleagues and family from Europe are here today. There is much to say about the case, but I will present my defense in a healthier judicial environment.”

Lawyers leave the courtroom in protest

Kozağaçlı’s lawyer, Murat Yılmaz, criticized the court for failing to provide an adequate courtroom, despite knowing that many lawyers would attend in solidarity. “There is not a single piece of evidence against my client. She was going to present her defense today and discuss whether those who prepared the indictment are even lawyers. Yet here we are, in a 50-seat courtroom. You don’t need to answer to anyone—go have tea in your office while we leave this courtroom,” he said, after which the lawyers exited while chanting, “Revolutionary lawyers are our pride” and “The defense is not silent and will not be silenced.”

After a break for deliberation, the court ruled to continue Kozağaçlı’s detention and requested a report from the Istanbul Police Department’s Anti-Terror Branch on whether a forensic examination of digital evidence had been completed. The trial was adjourned to December 6.

'I will defend myself when the right conditions for a fair trial are met'

In the afternoon, the first hearing of Seda Şaraldı’s case was held. Like Kozağaçlı, she is being tried for "membership in a terrorist organization" based on her professional activities. Şaraldı protested the exclusion of supporters from the courtroom, saying, “Those behind this closed door came to witness this trial. Their presence is crucial to our right to a fair trial. We requested a larger courtroom, and I ask for riot police to be removed and my colleagues to be allowed in.”

Şaraldı also questioned the court about a secret witness who had not been presented in court, asking, “Can I believe this court intends to conduct a proper trial?” The presiding judge repeatedly asked if she would present her defense. Şaraldı responded, “I will present my defense when fair trial conditions are met and the hearing is open to the public.”

Court continues detention despite protest

Lawyer Ceren Yılmaz criticized the lack of progress in the case, pointing out that the same issues regarding the examination of digital evidence had been raised earlier in the day. The court decided to continue Şaraldı’s detention and instructed that the necessary steps be taken to hear the secret witness. The next hearing was set for December 11.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.