Duygu Kıt
A court in Turkey sentenced dismissed Tunceli-Dersim Municipality Co-Mayor Birsen Orhan to five months in prison for her remarks during protests against government-appointed trustees. The court ruled that her use of the words “occupation” and “struggle” posed a “clear and present danger” and convicted her of “publicly inciting people to commit crimes.” However, the announcement of the verdict was deferred.
At the same hearing, the court acquitted Orhan of a separate charge related to possessing and promoting the book Jineoloji, which had been ordered to be confiscated by authorities.
Prosecutor sought conviction over book and protest speech
The second hearing of the case was held at Tunceli’s 1st Criminal Court of First Instance. Orhan was on trial for “publicly inciting people to commit crimes” due to speeches she gave at demonstrations protesting the appointment of trustees to replace elected mayors. She had been detained and arrested as part of an investigation launched by the Tunceli Chief Public Prosecutor’s Office.
Orhan did not attend the hearing, but her lawyers Fatma Kalsen, Enver Erdal Şimşek, and Kenan Çetin were present in court.
In her defense statement at the first hearing on Jan. 15, 2025, Orhan rejected the charges, saying:
"Our rightful and legitimate protests against the trustee appointments cannot be considered a crime. As elected officials, we have a responsibility to protect our municipality and the will of the people. I do not accept these accusations."
At Monday’s hearing, the prosecutor demanded a conviction on two grounds: first, for Orhan’s alleged possession and promotion of Jineoloji, a book that had been ordered to be seized; and second, for her use of the words “occupation” and “struggle” during the trustee protests, which the prosecutor claimed amounted to inciting criminal activity.
Defense argued speech was within freedom of expression
Orhan’s lawyers argued that her speeches did not constitute a crime, stating:
"Our client spoke out against the trustee appointment within the scope of freedom of expression. Her words do not amount to a criminal offense, nor is there any evidence in the case file to suggest otherwise. These statements were a reaction to an undemocratic trustee decision. Considering that Orhan was the elected co-mayor, no crime was committed. We demand her acquittal."
The court ruled to acquit Orhan of the charge related to Jineoloji, but found her guilty of “publicly inciting people to commit crimes” based on her remarks at the protests. The judges considered her use of “occupation” and “struggle” as a “clear and present danger” and sentenced her to five months in prison. However, the announcement of the verdict was postponed, meaning the sentence will not be enforced unless she commits another offense within a set probation period.
Background on the case
Birsen Orhan was detained on Nov. 23, 2024, after speaking at protests against the government’s removal of elected officials and their replacement with trustees in Tunceli-Dersim and Ovacık municipalities.
On Nov. 24, she was placed under house arrest and banned from traveling abroad on charges of “publicly inciting people to commit crimes.”
On Nov. 30, while still under house arrest, she was taken to Tunceli Courthouse and charged with “violating Law No. 2911 on public gatherings” and “resisting public officials to prevent them from performing their duty.” She was arrested and jailed but released on Dec. 3, 2024.
