DENİZ TEKİN
Former President of the Diyarbakır Bar Association Nahit Eren and 10 board members were acquitted of charges under Article 301 of the Turkish Penal Code for a statement commemorating the Armenian Genocide. This marks the fifth acquittal for the bar's leaders in similar cases.
The charges stemmed from an April 24, 2022 statement published on the bar’s website during the 107th anniversary of the Armenian Genocide. The statement, titled “Commemoration and Reckoning,” resulted in a case being opened against the bar's leaders, accusing them of "insulting the Turkish Nation, the State of the Republic of Turkey, and its institutions" under Article 301. The first hearing took place at Diyarbakır’s 10th High Criminal Court, but due to high attendance, it was moved to a larger courtroom.
Defendants stand by their statement
Former Bar President Nahit Eren, who spoke first, said he did not prepare a defense, as similar charges had been brought against the bar in the past. Eren emphasized that the bar's position on the Armenian Genocide would be recorded in history and passed down to future generations. He criticized the judicial harassment they faced, stating, “This judicial harassment aims to intimidate the Diyarbakır Bar Association and prevent us from making such statements again.”
Other defendants, including Mehdi Özdemir, Serdar Özer, Zuhal Sayılgan Işık, and Öykü Çakmak Usal, expressed similar sentiments, highlighting that they stood by the bar's statement. Usal concluded her defense by quoting the late Hrant Dink, underscoring their resolve not to remain silent in the face of injustice.
Prosecutor calls for acquittal
The prosecutor, presenting the final opinion, stated that the legal elements of the alleged crime were not present and called for the acquittal of all defendants. The defense argued that the court was not the proper venue to rule on the existence or non-existence of genocide, stressing that lawyers have a duty to challenge and critique official narratives.
Court acquits bar leaders
After a brief recess, the court ruled that the alleged crime under Article 301 was not substantiated, acquitting all defendants.
Background
The Diyarbakır Chief Public Prosecutor’s Office had filed the case based on the bar’s April 24 statement, which referred to the events between 1915-1923 as a “systematic genocide” against Armenians. The bar had called for recognition of the genocide as a moral responsibility for humanity. Previous presidents and board members of the Diyarbakır Bar Association have faced similar trials for their statements on the Armenian Genocide but were likewise acquitted.
