EYLEM SONBAHAR
The first hearing of the case filed against Istanbul Bar Association President İbrahim Kaboğlu and members of the board of directors, on the grounds of the statement they made regarding the journalists killed in Syria, was held in Silivri. It was decided that the hearing will continue tomorrow.
On December 21, 2024, a statement was published on the Istanbul Bar Association’s X account under the title “Implement International Humanitarian Law!” for journalists Cihan Bilgin and Nazım Daştan who were killed while reporting in Syria. Based on this statement, a lawsuit was filed against Istanbul Bar Association President İbrahim Kaboğlu and 10 Board Members on charges of “making propaganda for an organization” and “publicly spreading misleading information,” and the hearing began in courtroom No. 1 in the Silivri Prison Complex by the panel of the Istanbul 26th High Criminal Court.
The hearing was also attended by many bar association representatives in Turkey as well as legal institutions and lawyers from abroad, including Istanbul Bar Association Board Member lawyer Fırat Epözdemir, who was detained at Istanbul Airport on January 25 and arrested within the scope of another investigation upon his return from the Council of Europe’s Defenders meeting in Strasbourg, and is being held in Silivri prison.
The lawyers requested that their names be written in the court record. The presiding judge said that writing the names would take a long time and added, “Let the petition circulate, the clerk will write the names.” The lawyers reacted to this situation. Then, Istanbul Bar Association President İbrahim Kaboğlu began his defense statement after his identity was confirmed. When the presiding judge asked, “You are aware of the indictment prepared, right?” Kaboğlu said, “All of Turkey, all of the world is aware.”
‘The decision to be made will be a historic decision’
Kaboğlu, who said that bar associations are democratic, autonomous institutions of the defense, stated: “The statement made by the bar on December 21 consists of two paragraphs. The first paragraph is composed of what was reflected in the press. The second paragraph covers the detention of journalists who wanted to make a press statement in Şişhane Square for their colleagues. The statement ends by saying that instead of immediately launching an investigation into this incident, which violates international law, it is unacceptable that journalists who were mourning for their colleagues and who wanted to make a press statement were detained while exercising their constitutional rights.”
Kaboğlu continued: “In the present file, it is stated that permission for investigation was formally obtained on December 25, 2024, but the prosecution started the investigation on December 22, 2024, and this information was shared with the press. On the same day, instructions were given to the police department to carry out the research that would form the basis of the investigation, investigation documents were prepared, and all other investigative procedures were completed. As can be seen, investigative procedures were carried out between December 22 and December 24, 2024, but permission for investigation was requested from the Ministry of Justice on December 25, 2024. Completing all the procedures without obtaining the investigation permit and then completing the permit procedure almost as a formality afterward constitutes a clear violation of the law according to the Criminal Procedure Code and the Attorneys’ Act, and shows that all the procedures carried out are unlawful and the evidence obtained is also obtained unlawfully.”
Stating that the decision to be made by the court would be a historic decision, Kaboğlu concluded his speech with the following words: “I respectfully submit my belief that the esteemed judges, who have internal and external independence guarantees, will, within the framework of the law, international conventions, the Constitution, and legal norms, end the operations against the Istanbul Bar Association that have been ongoing since December 22, 2024.”
‘The main reason for this case is that we won the Istanbul Bar Association elections’
Istanbul Bar Association Board Member and detained lawyer Fırat Epözdemir also began his defense statement with the following words: “The main reason for this case is that we won the Istanbul Bar Association elections. This is very clear and obvious. The case file should be approached from this perspective. The foundation of this case is that the new board of directors is seen as ‘terrorists.’ We are not people who have taken up arms. When the counter-terrorism police officers went to search my home, they asked my wife, ‘Does Mr. Fırat have a gun?’ My wife said, ‘We don’t even buy toy guns for our children.’ This indictment is not written with belief. It is not possible for a legal professional to write this indictment with belief. They are saying, ‘They are innocent, but punish them.’ I hope your panel sees this situation.”
‘The target of this case is lawyers, it is the defense’
Board member Rukiye Leyla Süren began her defense statement by saying: “Why am I here, why are we here? We, as lawyers, know that in this file, which began with a very clear violation of rights and law, the first button was buttoned wrong.” She said: “I am not interested in the outcome. This case, which did not begin with lawful steps, is an example of a case that violates the right to a fair trial from the beginning and is a lesson in how not to file a lawsuit against a lawyer or a bar association management. The target of this case is lawyers, it is the defense.”
‘We defended the right to life’
Istanbul Bar Association Secretary General Hürrem Sönmez said, “We are lawyers who would consider being prosecuted for making a statement about human rights a source of pride. Because we did our job. Opposing injustice is one of our most important gains as human beings. We defended the right to life. It is unclear what the prosecutor calls a ‘praiseworthy statement.’ The definition ‘journalist’ was a phrase that described those individuals’ profession. The statement made falls within the scope of freedom of expression.”
‘This statement does not contain criminal elements’
Board member Ezgi Şahin Yalvarıcı said: “The Istanbul Bar Association statement dated December 21, 2024, which is the subject of the trial, is the result of our responsibility to remind the most fundamental principles of the rule of law. This statement does not contain any criminal elements. On the contrary, it reminds the state of its negative and positive obligations under Article 2 of the European Convention on Human Rights, which guarantees the right to life. The state is not only obliged to prevent violations of the right to life but also to investigate them effectively. What the Istanbul Bar Association has done is exactly this: to demand an effective investigation, to call for transparency and accountability.”
‘We will continue to demand justice for everyone’
Board member Ekim Bilen Selimoğlu said: “Our president and other colleagues have clearly revealed that the case currently being heard has no legal basis. So, is this case only illegal? No, this case has no legitimacy either. Amidst all this unlawfulness, we persistently and tirelessly continue to defend human rights and the law. While doing this, we never look at the identity, religion, language, or political view of the victim. We will continue to demand justice for everyone.”
After the break, the hearing continued with the defense statement of Istanbul Bar Association Board Member lawyer Bengisu Kadı Çavdar. Çavdar said, “In the social media post made by the bar’s board of directors on December 21, 2024, it was stated that the relevant authorities should carry out an effective investigation into the death of two citizens of the Republic of Turkey that occurred in Syria two days earlier. The Constitution and the relevant legislation impose an obligation on the state to conduct an effective investigation in cases of violations of the right to life. The case law of the Constitutional Court and the European Court of Human Rights confirms this matter.”
Lawyer Arzu Becerik said: “We will not be here tomorrow because we are on duty for the interrogation of our board member Fırat Epözdemir. Therefore, we request a new day for the hearing of this case.” The presiding judge replied: “I will listen until 5:00 p.m. today. If anyone comes tomorrow, I will listen to them too. If anyone does not want to come, that is not a problem for us.” After lawyers repeated their request, the presiding judge said, following the panel’s evaluation, that the hearing would continue tomorrow.
‘The indictment was not prepared within the legal time frame’
Lawyer Becerik, who said that their colleagues who were detained during the press statement in Şişhane called the bar and that lawyer Damla Atalay provided legal support, requested that Atalay be heard later as a witness. The presiding judge said that Atalay was in the courtroom and rejected the request.
Lawyer Özgür Urfa stated that the indictment was not prepared within the legal timeframe: “It is legally impossible for this trial to proceed. A dismissal decision must be given.” Lawyer Baran Doğan also said: “The material and moral element of the crime in this case is the Kurdish issue. We do not expect justice from this case. We would be satisfied even if you apply positive law.”
The court decided that the hearing will continue tomorrow at 10:00 a.m. in courtroom No. 1 of the Silivri Prison Complex.
