DENİZ TEKİN
Mehmet Emin Aktar, former head of the Diyarbakır Bar Association, was acquitted of charges that he "targeted" a prosecutor who initiated a case against 18 journalists. Aktar had faced these charges after sharing a report on social media regarding the search of a colleague's law office. Following his acquittal, Aktar affirmed, "I will continue to stand against unlawful searches of lawyers' offices."
The trial, held at the Diyarbakır 5th High Criminal Court, was attended by Aktar and his legal team, along with members of the Diyarbakır Bar Association, representatives from the Human Rights Association (IHD), and the Association of Lawyers for Freedom (ÖHD). Observers from Défense Sans Frontières (Lawyers Without Borders), including Françoise Cotta and Christine Martinea, were also present, alongside a large group of lawyers.
The prosecution argued that Aktar had not explicitly named the prosecutor, identified in the case as the "victim," in his social media post. They noted that the post only referenced the legal procedures involved, concluding that there was no intent to "target" the prosecutor. Based on this assessment, the prosecutor called for Aktar’s acquittal.
In his defense, Aktar, who has been a lawyer and bar association leader for many years, stated that the search took place at the office he shared with his colleague, lawyer Resul Temur. He maintained that he would continue to oppose unlawful searches of lawyers' offices, emphasizing the importance of protecting legal professionals' rights.
Defense lawyer Semra Balyan referenced legal opinions prepared by the Media and Law Studies Association (MLSA) and the Netherlands-based Lawyers for Lawyers (L4L), underscoring the necessity of allowing lawyers to practice their profession freely to ensure fair trials. She criticized the vague and unpredictable nature of the law prohibiting the "targeting of individuals involved in anti-terror efforts," arguing that it posed a significant barrier to freedom of expression. Balyan also cited rulings by the European Court of Human Rights (ECHR) regarding violations under this law, requesting Aktar’s acquittal.
Fellow attorney Resul Temur also supported the prosecutor's call for acquittal. In his final statement, Aktar requested a not-guilty verdict.
After a brief recess, the court ruled that the elements of the charge—"targeting individuals involved in anti-terror efforts"—were not met, and Aktar was acquitted.
Background of the case
The investigation into Mehmet Emin Aktar began after he shared a report on social media regarding the allegedly unlawful searches conducted on April 25, 2023, at the law office of his colleague, Resul Temur. The search was part of a larger operation that saw searches across several offices.
The Diyarbakır Chief Public Prosecutor's Office charged Aktar under Article 6/1 of Turkey’s Anti-Terror Law, accusing him of "targeting individuals involved in anti-terror efforts" by sharing information about the prosecutor, M.K., involved in the investigation. The indictment sought a prison sentence of 1 to 3 years for Aktar, claiming that his social media post went beyond informing the public and had "targeted" the prosecutor by revealing his identity in a terrorism-related investigation.
