NEWS June 28, 2024
Deniz Tekin
Leaders of the Diyarbakır Bar Association, charged under Article 301 of the Turkish Penal Code (TCK) for statements made on April 24, the day commemorating the Armenian Genocide, will face trial on November 28, 2024, the anniversary of the death of former Bar President Tahir Elçi.
On April 24, 2021, the Diyarbakır Bar Association released a statement titled "We Share the Pain of the Great Catastrophe" on their social media accounts and website to mark the anniversary of the Armenian Genocide. Following a complaint by an individual named M.T., the Diyarbakır Chief Public Prosecutor's Office launched an investigation under Article 301, which pertains to "publicly denigrating the Turkish nation, the Republic of Turkey, the Turkish Grand National Assembly, the Government of Turkey, and the judicial organs of the state."
The Prosecutor's Office sought permission from the Ministry of Justice to investigate Bar President Nahit Eren, Vice President Mehdi Özdemir, and board members Zuhal Işık, Mehdi Özdemir, Serdar Özer, Seyit Rıza Karakaş, Mehmet Erdem, along with former administrators Ali İsmet Girgin, Diyar Rüknedin Çetedir, Öykü Çakmak, Hatice Demir, and Atilla Berk. Upon receiving permission, the Chief Public Prosecutor's Office sent the indictment to the Batman High Criminal Court.
The Batman 3rd High Criminal Court determined that the Bar Association's statement constituted "public denigration of the Turkish nation and the Republic of Turkey" and decided to proceed with the trial. The case was transferred to the 2nd High Criminal Court in Diyarbakır for trial proceedings.
The Diyarbakır 2nd High Criminal Court, which accepted the indictment, scheduled the first hearing for November 28, 2024, coinciding with the anniversary of Tahir Elçi's death. The court also decided to summon the Bar Association leaders to appear in court on the specified date.
Tahir Elçi, former President of the Diyarbakır Bar Association and a prominent human rights defender, was killed on November 28, 2015, during a press statement in Diyarbakır’s Sur district, highlighting the damage to cultural heritage sites due to armed conflicts. He was shot in the head amid clashes. Each year, on November 28, the Diyarbakır Bar Association and the Tahir Elçi Human Rights Foundation hold a commemorative event at the Four-Legged Minaret, the site where he was killed.
Details of the case
The indictment prepared against the Diyarbakır Bar Association leaders seeks prison sentences ranging from one to three years under Article 301 for their statement, "We Share the Pain of the Great Catastrophe." The complainant, identified as M.T., is listed as the informant in the indictment. The statement, cited as evidence, includes the following excerpts: "Our society, which has lived together for centuries, learning from each other's differences and living in plurality, woke up to a dark day on April 24, 1915... Not only did they never return, but the Armenian deportation that began on April 24, 1915, marked the start of one of the most tragic catastrophes in our social history. Therefore, April 24 is one of the darkest days in the history of the Armenian nation scattered around the world... Every April 24, the Republic of Turkey, its government, and its bureaucracy, in a state of anxious tension, ignore the shadow of the great catastrophe that lingers over us and tally how this catastrophe is named, engaging in a battle with the truth... Confronting the 'Armenian truth' is one of the most crucial crossroads in facing our past. As long as we leave this junction in the dark, its terrifying shadow will continue to torment our souls and those of the victims. Today, it is incumbent upon us to shed light on the darkness, to face the truth, however painful, and to provide some solace to the souls of those who perished in the great catastrophe. As the Diyarbakır Bar Association, we call for the initiation of a 'Truth Revelation' process to uncover the evidence of crimes committed against the Armenian community and to bring peace to the souls of our Armenian neighbors scattered across the globe."
