A High Criminal Court in Diyarbakır, Turkey, has issued an arrest warrant for journalist Geşbun Ayşe Kara after rejecting a request to collect her testimony abroad. Kara, who currently resides in Germany, is being retried on charges of "membership in a terrorist organization."
During the third hearing of the retrial at the Diyarbakır 5th High Criminal Court, Kara's lawyer, Resul Temur, requested that her statement be taken remotely through judicial assistance, known as "rogatory commission," due to her residence abroad. Temur assured the court he would provide her address if the request was approved.
The prosecutor argued that despite investigations, authorities could not locate Kara. Due to her overseas presence, the prosecutor recommended issuing an arrest warrant to ensure her testimony could be obtained.
The court rejected the request, citing the minimum sentence for the alleged crime being five years and a legal prohibition on using international judicial assistance in such cases. An arrest order was issued, and the court also decided to inquire with the Diyarbakır Chief Public Prosecutor's Office about the status of the ongoing investigation against Kara. The trial was postponed to March 6.
Background on the case
Ayşe Kara was initially detained on June 26, 2020, as part of an investigation into the Democratic Society Congress (DTK), a civil society organization often scrutinized by Turkish authorities for alleged links to the Kurdistan Workers' Party (PKK), which is classified as a terrorist organization by Turkey, the U.S., and the EU. Kara was later released under judicial control.
The indictment alleged that Kara was involved with the Free Women’s Congress (KJA), the Free Journalists Association, and participated in DTK activities. It also accused her of covering a 2016 demonstration organized by the pro-Kurdish Peace and Democracy Party (BDP) in Mardin as part of her journalistic work, claiming it constituted a criminal act.
In her defense statement, Kara denied the charges, asserting that she is a journalist and not a DTK member. She maintained that her visits to the DTK were for reporting purposes and that her presence at the 2016 demonstration was purely professional.
In a verdict on November 9, 2021, the court acquitted Kara, citing insufficient evidence. However, the prosecutor appealed, and the Diyarbakır Regional Court of Justice’s 2nd Criminal Chamber overturned the acquittal.
The appeals court highlighted Kara’s alleged involvement in a broader investigation where 16 journalists were detained on June 16, 2022. It directed the lower court to determine whether this case should be merged with the ongoing retrial and to investigate claims about Kara’s use of a code name and participation in events allegedly organized by the PKK.
