Enes Hocaoğulları, a youth delegate to the Council of Europe and LGBTQ+ activist, was released after his first hearing.
Hocaoğulları was detained on Aug. 5 following a speech he gave in March at the Congress of Local and Regional Authorities of the Council of Europe, where he discussed police violence against young people in Turkey and the arrest of opposition mayors.
Prosecutors in Istanbul and Ankara had launched separate investigations against him on charges of “inciting hatred and enmity” and “publicly disseminating misleading information” in connection with the speech. The two cases were later merged and transferred to Ankara.
In February, Hocaoğulları had been selected as a youth delegate to the Council of Europe’s Congress of Local and Regional Authorities. In his March address, he brought attention to the police violence experienced by youth in Turkey and the detention of opposition mayors.
Wide attendance at the hearing
Representatives from the EU Delegation, and the embassies of France, the Netherlands, Germany, the United Kingdom, Canada, Denmark, Switzerland, the Czech Republic, Finland, Norway, and Sweden attended the hearing. Also present were MP Sevilay Çelenk, representatives of numerous civil society organizations, bar associations, and human rights advocates. Lawyers objected to the presence of riot police officers sitting among the observers. Hocaoğulları was brought into the courtroom in handcuffs.
“‘Struggle’ was translated as ‘war’”
Beginning his defense statement by describing his on-the-ground observations from March 19 to 21, Hocaoğulları said:
“One of the main problems with the indictment concerns the translation of my speech. The Turkish version included in the indictment is incomplete, inaccurate, and biased. For instance, I said ‘my peers,’ but it was translated as ‘my friends,’ as if I personally knew the victims of rights violations. The part where I explained that I delivered this speech in front of local officials elected by the people in Turkey was left out. The word ‘struggle,’ which I used to describe peaceful protests, was mistranslated as ‘war.’ Sections in which I emphasized the peaceful nature of these protests were also omitted entirely.”
“The indictment states that I ‘targeted the reputation of the country.’ Since the term ‘country’ is used, I need to clarify: democracy, human rights, and the rule of law are fundamental elements of the Republic of Turkey. They are guaranteed by the Constitution, and various institutions are responsible for upholding them. Speaking about peaceful protestors and human rights violations does not harm the country’s reputation—it praises, honors, and elevates it. Moreover, the sole purpose of my speech was to inform the Congress in line with my responsibilities as a delegate.”
“The indictment also claims that I ‘caused division in society and disrupted the atmosphere of peace and security.’ As I have stated before, my speech contained no hate speech, discrimination, or calls for violence. Speaking about human rights violations—which can affect people from all segments of society—and calling for an end to those violations contributes to coexistence and social peace, contrary to what the indictment suggests.”
Hocaoğulları emphasized that he returned to Turkey fully aware of the investigations and said he was exercising his right to freedom of expression. He requested to be acquitted.
“The claim of evidence tampering is unfounded”
Speaking after Hocaoğulları, his lawyer İlayda Doğa Karaman highlighted three key points: “The charge is based solely on the fact that the speech was given. There is no flight risk—my client returned to Turkey of his own volition. The allegation of evidence tampering is unfounded.”
“He has been held in prison for 35 days over an offense with a maximum sentence of 3 years. This is disproportionate. His detention has effectively become a form of punishment.”
Other defense attorneys stated that they agreed with their colleagues’ defense statements.
The court ordered Hocaoğulları’s release, taking into account the defense’s arguments, the current stage of the case, the nature of the charges, the potential sentence, the defendant’s fixed residence, and the absence of a flight risk. As part of judicial control measures, Hocaoğulları is required to report to the nearest police station on the first Monday of each month.
