Trial Monitoring

Harsh sentences for protesters in Van: Constitutional rights ignored

Harsh sentences for protesters in Van: Constitutional rights ignored

BİLAL SEÇKİN

In Van, Belma Nergiz was sentenced to 8 years in prison for "violating the Law on Meetings and Demonstrations" and "resisting a public officer" during protests sparked by the refusal to issue a certificate of election (mazbata) to Abdullah Zeydan, a candidate of the Equality and Democracy Party (DEM Parti). The protests, which began after Zeydan was denied his victory, led to the detention of 23 people, with several receiving heavy sentences.

During the second hearing of the case at Van’s 2nd High Criminal Court, six individuals stood trial via SEGBİS (video link) from prison. While four defendants were acquitted of “committing a crime on behalf of a terrorist organization without being a member,” they were convicted of violating the Law on Meetings and Demonstrations. Three were sentenced to 5 years, 11 months, and 20 days in prison, while Belma Nergiz received 8 years for the same offense, along with resisting a public officer. Nergiz and two others remain in custody, while one person was released, and two were discharged without a ruling.

Lawyer criticizes the ruling

Belma Nergiz’s lawyer, Evin Kılıç, criticized the sentence, arguing that peaceful protests should not be criminalized in a democratic country. She stated that the trial disregarded constitutional and international protections for the right to protest. “The peaceful reaction of thousands of citizens in Van following the local elections was met with punishment. We defended the legal right of the people to express democratic opposition, particularly against the attempt to usurp the right to vote,” said Kılıç. She noted that the acquittal on the charge of “committing a crime on behalf of a terrorist organization” highlighted the arbitrary nature of associating protests with terrorism.

Appeal to higher courts

Kılıç emphasized that the court had applied the harshest penalties, ignoring mitigating factors. “The report in the case file did not definitively prove that my client participated in the alleged act. We will appeal to the higher courts and believe that the ruling will be overturned and result in acquittal,” she added.

Background of the protests

Abdullah Zeydan, the DEM Parti candidate, won 55% of the vote in the March 31, 2024, local elections to become co-mayor of Van. However, the Van Provincial Election Board refused to issue Zeydan his certificate of election due to a previous conviction, transferring the position to Abdulahat Arvas, the candidate from the ruling Justice and Development Party (AKP), who had received only 27% of the vote.

DEM Parti contested the decision at the Supreme Election Council (YSK), which ruled in favor of Zeydan, but the delay in issuing the certificate sparked protests across the country. In Van, 264 people, including 10 lawyers, were detained during the two-day protests. While the lawyers were released after questioning, 23 others, including Belma Nergiz, were arrested on charges of "membership in a terrorist organization."

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.