July 3, 2024
Eylem Sonbahar
In the trial of 12 individuals arrested following May Day protests in Istanbul, the court ordered the release of eight who had been held in custody. The case, involving charges of resisting law enforcement, participating in illegal gatherings, intentional injury, and damaging public property, was adjourned to January 7, 2025.
The defendants were detained during house raids following the May 1 demonstrations, where participants attempted to march from Saraçhane to Taksim. The first hearing of the trial took place at the Istanbul 25th Criminal Court of First Instance. Due to the high number of observers, the session was moved to the larger courtroom of the Istanbul 8th High Criminal Court.
The eight detained defendants were escorted to the courtroom by the gendarmerie from Marmara Closed Penal Institution. Present were the non-detained defendants, their lawyers, and several observers, including Green Left Party (YSP) Istanbul MP İskender Bayhan, Labor Movement Party (EHP) General President Hakan Öztürk, members of the Istanbul Bar Association Human Rights Commission, and family members.
Defendants’ defenses
Detained defendant Fatma Nur Uğur stated that she participated in May Day for fundamental rights, and was shown unclear photos as evidence for her detention. She emphasized her innocence and requested release.
Ahmet Özgür Erdoğan, another detainee, argued that his detention was punitive rather than precautionary and stressed his constitutional right to protest.
Umut Kabaklı highlighted socioeconomic issues and the unjust conditions faced by workers, noting that their portrayal as a marginal group was misleading and requesting an end to the unlawful detentions.
A confrontation occurred between the gendarmerie and the lawyers when the presiding judge and prosecutor left the courtroom for another case. Lawyers wished to speak with their detained clients, but the gendarmerie attempted to move two defendants to a holding area, leading to objections from the lawyers and families.
Witness testimonies
Police testimonies included claims of warnings issued via sound systems and the use of non-lethal means such as tear gas capsules aimed at the ground, not people. A police officer stated he was struck by a flag, resulting in a lip injury, and requested that the charges be upheld.
Legal arguments
Attorney Ezgi Önalan argued that the Istanbul Governor's website only mentioned measures and road closures, not an outright ban on Taksim protests, suggesting the trial was politically motivated.
The defense lawyers requested the release of the detained defendants to prevent further rights violations.
Court ruling
After a brief recess for deliberation, the court decided to release all detained defendants. The trial will continue on January 7, 2025.
