DENİZ TEKİN
The trial of former Diyarbakır Bar Association Chair Nahit Eren and 21 former executives began at the Diyarbakır 2nd High Criminal Court. They face charges under Article 301 of the Turkish Penal Code (TCK) for allegedly "insulting the Turkish nation" by commemorating the Armenian genocide in 2021. The defendants assert that the case aims to suppress efforts to confront Turkey’s historical injustices.
Background and court proceedings
The case stems from a social media statement published on April 24, 2021—the recognized date of the Armenian genocide anniversary—titled "We Share the Pain of the Great Catastrophe." The prosecution alleges the statement violates TCK Article 301, which criminalizes denigrating the Turkish state or nation.
The trial, initially scheduled for November 28, 2023, the anniversary of the killing of prominent human rights lawyer Tahir Elçi, was postponed due to commemorative events. Given the high turnout of observers and lawyers, proceedings took place in Diyarbakır's largest courtroom.
Defense arguments: confronting history
Nahit Eren, addressing the court, emphasized the importance of confronting past injustices, stating, “If lawyers are silenced, the country will be breathless.” He highlighted the symbolic significance of holding the trial near the anniversary of Elçi’s death, who also faced similar accusations.
Other defense lawyers echoed Eren's sentiments. Diyar Rüknedin Çetedir linked the recognition of the Armenian genocide to acknowledging broader human rights violations in Turkey, particularly against Kurds in the 1990s. “If we stop speaking about the Armenian genocide, we deny the human rights violations against Kurds,” he said.
Claims of political motivation
The defense stressed that the case is politically motivated, aiming to suppress dissent and historical discourse. Lawyer Hatice Demir noted that similar cases have repeatedly ended in acquittal, citing European Court of Human Rights (ECHR) rulings. "We are being prosecuted for challenging the dominant narrative of history," she said.
Broader implications and next steps
The court deferred the case to February 27, 2025, for further review by the prosecution. This trial is seen as part of broader pressures on legal and human rights organizations in Turkey, particularly those addressing sensitive historical and political issues.
The Diyarbakır Bar Association remains steadfast in its commitment to truth and justice, declaring, “This case is being used to pressure the Bar Association, but we will continue to speak the truth.”
