EYLEM SONBAHAR
The trial of six journalists, who were detained when they were about to hold a press statement in solidarity with their detained colleagues, started on a day celebrating the profession of journalism. The journalists said that they were detained under torture, that the police shouted at them "you will learn to shut up" and that these cases are an attempt to criminalize solidarity.
The first hearing of the trail filed against journalists Pınar Gayıp, Eylem Nazlıer, Zeynep Kuray, Yadigâr Aygün, Serpil Ünal, Esra Soybir, who were detained on April 29, 2023 in front of Süreyya Opera in Kadıköy, Istanbul, while trying to hold a press statement in support of their colleagues and in reaction to the detention of journalists in Diyarbakır and Ankara, was held at Istanbul Anadolu 22nd Criminal Court of First Instance.
Journalists Eylem Nazlıer, Serpil Ünal, Pınar Gayıp, Zeynep Kuray and Yadigâr Aygün were present with their lawyers at the hearing of the lawsuit filed against them for "participating in unlawful meetings and marches without weapons and not dispersing despite the warning". Human Rights Association (İHD), DİSK Basın-İş, Labor Party (EMEP) Istanbul MP İskender Bayhan, former Peoples' Democratic Party (HDP) MP Oya Ersoy and journalists also followed the hearing. Before the defenses, lawyer Ümmühan Kaya emphasized the treaties to which Turkey is a party and said that everyone has the right to protest without notice and demanded immediate acquittal. In response to Kaya's demand, the judge responded, "You know the procedure too."
"The only reason for the ban was that we wanted to stand in solidarity with Kurdish journalists"
Starting her defense, journalist Pınar Gayıp said the following: "We were going to make a press statement due to the detention of our Kurdish journalist friends. The places where we were going to make the statement were the places permitted by the district governorship and the governorship. We made the announcement for this action and checked the websites of both the governor's office and the district governor's office to see if there was any banning order for the protests. When I went there an hour before the protest, the police chief I met with said that there was no banning order. I told him that we could change our location if there was such a decision, but when he said there was no decision, we gathered at the announced time of the protest. In the meantime, we were notified of the ban. We told our journalist friends that we would inform them about the decision and asked for a few minutes. Suddenly we were blockaded."
Gayıp said that journalists who came to report the news were beaten and taken out of the circle, "I don't want to call it beating, it was torture. It was the police who did not allow us to leave the area. The only reason the protest was banned was because we wanted to stand in solidarity with Kurdish journalists. I file a complaint against all the police officers who beat us."
The judge, who had written Kurdish journalists in Gayıp's defense statement as Turkish journalists, corrected it to Kurdish journalists upon the warnings of journalists and lawyers.
"We were detained under torture and subjected to harassment"
"Today is January 10th, Working Journalists Day. Instead of working, we are here today to defend ourselves. Our colleagues are being detained and arrested. Kurdish journalists are being criminalized, and those who support them are also being criminalized." Journalist Zeynep Kuray started her speech with these words and the judge said, "Make a defense about the incident."
Kuray continued her speech by stating that her defense was related to the incident and that it was meaningful that the date of the hearing was set for January 10, Working Journalists' Day. Kuray stated that they were beaten and detained before they could make their press statement and said, "Unions and professional organizations make statements when journalists are detained or arrested. Why can't we? We are journalists, we are part of this business."
Journalist Yadigâr Aygün began her defense by saying, "We were detained under torture and subjected to harassment." Aygün also said that the police did not unlock her handcuffs even though she stated that she was a heart patient. Stating that the date of the incident was misspelled in the indictment, Aygün said, "We were not told about the banning order. I was distributing the banners and placards to my friends. If there was such a decision, it could have been told at the time. We were detained under torture, but we are on trial."
Continuing her defense, the judge told Aygün that she had made similar statements to the other defendants. In response, journalist Pınar Gayıp said, "Judge, these six women were subjected to torture for hours in the detention vehicle. That is why it is a sensitive situation for us." Journalist Serpil Ünal also demanded acquittal, stating that they were denied their constitutional rights by an arbitrary decision and that they did nothing criminal.
"I will continue to defend my colleagues and my profession"
Beginning her defense, journalist Eylem Nazlıer said, "We are journalists, we have a camera and a pen in our hands. If there is a crime, it is not us who committed this crime, but those who detained us unlawfully. Those who tortured us should be here, not us."
Nazlıer reminded journalist Metin Göktepe, who was killed under torture in Istanbul on January 8, 1996, and continued as follows: "We were murdered in the darkness of the 90s, and now we are being intimidated with detentions and arrests. I work at the same newspaper Göktepe worked for. I know the weight of this very well. Knowing this, I participated in the demonstration that day. It was a five-minute statement we were going to make. They turned it into a war zone. We just wanted to say that the reasons for the detention of our friends were professional activities and that journalism cannot be put on trial. I do not accept the sentence 'you will learn to shut up' that the police said to me. I will continue to defend my colleagues and my profession."
Criminal complaint for assault not prosecuted
Lawyer Ümmühan Kaya stated that the indictment should be returned from the beginning and emphasized that it is the police officers who should be tried, not journalists. Eylem Nazlıer's lawyer Devrim Avcı Özkurt stated that the right to demonstrate without permission belongs to all citizens:
"Under that blockade, it is not possible for the police announcement to be heard and for the protesters to disperse. They were not given time to disperse. We also filed a criminal complaint about the beating and a decision of non-prosecution was given."
Lawyer Aydin: It is the police who should be prosecuted
Journalist Zeynep Kuray's lawyer Fatih Aydın from MLSA Legal Unit said the following in his defense:
"The essence of this incident is the detention of Kurdish journalists at the end of April. The authority to assess the illegality of the action on that day does not lie with the administration or even the police. What is meant by unlawful action is that it is against public order, public security or public health. All defendants are trying to explain why they want to make a statement. There was no decision an hour before the action, but at the time of the action, detentions were made, probably on the instructions of a superior. It is the police officers who should be prosecuted."
Continuing, Aydın said, "It is not possible for 6 defendants to block the Süreyya Opera House. It was the detention bus brought by the police, as can be understood from the images in the videotapes. We demand that the banning order be included in the file and that all defendants be acquitted."
The court gave the lawyers 60 days to send a writ to the address of journalist Esra Soybir, who did not attend the hearing with an excuse, and to submit the footage of the moment of detention to the file. The court also ordered the Kadıköy District Security Directorate and Kadıköy District Governorate to send a copy of the banning order issued on the day of the incident and adjourned the hearing to April 16 at 10.35 am.
