- The first hearing of the Istanbul Metropolitan Municipality (IMM) case, in which 402 defendants — 106 of them detained — including Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu, was held at the Istanbul 40th Heavy Penal Court in a courtroom inside the Silivri prison complex.
- During the hearing, procedural deficiencies, restrictions on the defense and criticism regarding the impartiality of the panel of judges were raised, and the lawyers filed motions for the recusal of the judges.
- The panel of judges rejected the motions for recusal and requests for severance, and the hearing was concluded early citing the month of Ramadan. The trial will continue tomorrow at 10:00.
MLSA — The first hearing of the IMM case, in which 402 defendants — including CHP’s presidential candidate and Istanbul Metropolitan Municipality (IMM) Mayor Ekrem İmamoğlu — 106 of them detained, was held today at the courtroom located within the Marmara Prison Complex in Silivri by the Istanbul 40th Heavy Penal Court.
Journalists Ruşen Çakır, Yavuz Oğhan, Şaban Sevinç and Soner Yalçın are also among the defendants in the case. The journalists face charges of “aiding an organization” and “spreading misleading information.”
The hearing was marked by procedural disputes throughout the day, motions for recusal and allegations by the defense of violations of the right to a fair trial. The panel of judges rejected the defense’s recusal and severance requests. At the end of the day, the hearing was concluded early citing the month of Ramadan, and the trial was adjourned until 10:00 tomorrow.
Extraordinary security measures in Silivri
Ahead of the hearing, the Silivri District Governor’s Office declared the area around the prison a “special security zone.” Extensive security measures were put in place around the Marmara Prison complex, where the trial was held, and restrictions were imposed on the access of the press and lawyers.
Filming and holding press statements were also banned within a one-kilometer radius of the complex.
Detained IMM Mayor Ekrem İmamoğlu was brought into the courtroom around 11:00 and was greeted with applause by the audience and lawyers present in the courtroom.
Dispute over greeting and recess in the hearing
In the early hours of the hearing, a dispute arose between the presiding judge and İmamoğlu after İmamoğlu attempted to greet the detained defendants. The presiding judge rejected İmamoğlu’s request to speak, stating that “there is no such procedure,” and the incident was recorded in the minutes.
When it was announced that İmamoğlu would be among the last defendants to present a defense, reactions arose from the courtroom. The panel of judges then left the courtroom, and the hearing later resumed at 14:00 with the audience present.
Lawyers file recusal motions
During the second part of the hearing, defense lawyers filed motions for the recusal of the judges, arguing that the panel had lost its independence and impartiality.
İmamoğlu’s lawyer Hasan Fehmi Demir criticized the conduct of the proceedings and stated that the defendants had been given only 24 hours to review 80,000 pages of additional files and the indictment.
“Is it possible to examine these documents within 24 hours?” Demir asked.
Demir also criticized the conditions of the hearing, saying:
“As the defense, do not expect us to describe these activities as judicial proceedings.”
Another lawyer for İmamoğlu, Fikret İlkiz, said that the defense had not been properly informed by the court.
“We are first looking for clarity. We do not trust you or your panel,” İlkiz said.
He also criticized the presiding judge for refusing to meet with lawyers, adding:
“We are the defense. We are not people who should be refused a meeting.”
Panel’s experience questioned
Lawyers for some of the defendants also criticized the composition of the judicial panel.
Lawyer Akın Atalay said that two of the judges on the panel began their judicial careers in May 2024, noting that their professional experience has not even reached two years.
“Under these circumstances, we first request that you recuse yourself from this case. If not, we submit our motion for recusal,” Atalay said.
Journalists also among the defendants
Hüseyin Ersöz, lawyer for Ramazan Gülten and Aykut Erdoğdu, also referred to journalists who had been detained during the IMM investigation and argued that the court had applied different standards in judicial control decisions.
Ersöz stated that one of the six journalists detained earlier had their judicial control measure lifted directly by the court, while the same decision for journalist Yavuz Oğhan was made only after one month following an application.
Journalists Ruşen Çakır, Yavuz Oğhan, Şaban Sevinç and Soner Yalçın are also standing trial in the case, facing charges of “aiding an organization” and “spreading misleading information.”
Court rejects defense requests
After the defense submitted motions for recusal and requests for severance, the presiding judge asked the prosecutor for an opinion. The prosecution requested that the recusal motions be rejected.
The panel of judges rejected both the recusal motions and the severance requests.
At the end of the hearing, the presiding judge announced that the session was being concluded early due to the month of Ramadan.
The first session of the trial involving 402 defendants was thus completed, and the proceedings will resume tomorrow at 10:00.
International observers emphasize rule of law
The hearing was also attended by the ambassadors of France and Germany, as well as embassy and consulate representatives from the Netherlands, Sweden, the United States, Belgium, the United Kingdom and Norway. The development was first reported by Artı Gazete.
Lars Castellucci, Federal Government Commissioner for Human Rights Policy and Humanitarian Assistance of Germany, wrote on X:
“As an EU candidate country and a member of the Council of Europe, Türkiye has committed itself to respecting the principles of the rule of law, democracy and human rights. The Consulate General in Istanbul will follow the process on site.”
Nacho Sánchez Amor, the European Parliament’s rapporteur on Türkiye, also commented on the hearing on social media, writing:
“Today is the first hearing of the ‘corruption’ case against the IMM and its Mayor Ekrem İmamoğlu, who faces up to 2,352 years in prison. Is it really necessary that dozens of policemen escort a mayor as if he were a dangerous criminal posing a serious threat to public safety?”
Hearing held inside prison complex
The hearing was held in a courtroom built within the Marmara Prison complex in Silivri. Trials conducted inside prison campuses have long been debated in terms of access to the principle of public hearings (open justice), the ability of observers and the press to follow the proceedings and the effective exercise of the right to defense.
Due to the high-security structure of the complex and restrictions applied at the entrances, access to the courtroom was possible only for a limited number of observers and members of the press.
