Photo MLSA: Former Diyarbakır Bar Association President Emin Aktar and Veysel Ok (R) .
Deniz Tekin
In a notable trial in Diyarbakır, Turkey, former Diyarbakır Bar Association President and human rights advocate Mehmet Emin Aktar faced charges of targeting a prosecutor for criticism. He refuted these allegations, stating, "I did not target the prosecutor, I exposed illegality." Veysel Ok, Co-Director of the Media and Law Studies Association (MLSA), emphasized that a prosecutor's duty is to uphold and enforce the law, not to combat terrorism.
This case centers around Aktar's sharing of a report on social media about an unauthorized search in a colleague's office, which led to accusations of "targeting individuals engaged in counter-terrorism efforts."
The first hearing of the trial was held at the Diyarbakır 5th High Criminal Court. Present were Aktar and his lawyers, Resul Temur, Semra Balyan, MLSA Co-Director Veysel Ok, Ahmet Özmen, and Gazal Bayram, along with a significant number of lawyers and officials from the Diyarbakır Bar Association, including its President Nahit Eren and Vice President Mehdi Özdemir. The courtroom and its surroundings were heavily guarded by riot police.
The court initially limited Aktar to three defense lawyers, citing regulations for trials involving "organized crime." This was contested by lawyer Ahmet Özmen, who argued that the charge against Aktar did not fall under this category. The court subsequently lifted this restriction.
Aktar's Defense Statement: "I Said to the Prosecutor, You Are Committing a Crime"
Aktar, recounting his long career in law and his roles in the Diyarbakır Bar and the Union of Turkish Bar Associations, argued that the search conducted in his colleague Resul Temur's office was extremely grave. He accused Prosecutor M.K. of behaving in a biased manner during the search and insisted his social media post was meant to expose this illegality. "I have been subjected to judicial harassment for a crime of targeting, which I did not commit. I did not target the prosecutor; I exposed the illegality," Aktar stated.
Veysel Ok Stresses the Role of Prosecutors in Upholding Law, Not Fighting Terrorism
Resul Temur and Semra Balyan described the irregularities during the office search and emphasized their implications for the legal profession. Veysel Ok reiterated that the role of a prosecutor is not counter-terrorism but the protection of legal principles, criticizing the indictment for placing prosecutors and judges in the role of police or intelligence officers.
The prosecution requested an investigation into whether Aktar followed "organization-affiliated" individuals on social media, a move that Temur criticized as irrelevant to the case. The court accepted a request by Prosecutor M.K. to join the case and postponed the trial to May 23, sending the file to the prosecutor for preparing an opinion on the merits.
Background of the Case
The investigation against Mehmet Emin Aktar started after he shared a report on social media detailing irregularities in a search conducted on April 25, 2023, at the office of his colleague, Resul Temur. The Diyarbakır Chief Public Prosecutor's Office prepared an indictment against Aktar under Article 6/1 of the Anti-Terror Law, which pertains to "targeting individuals engaged in counter-terrorism efforts." The indictment named Prosecutor M.K. as the "victim," alleging that Aktar's post, which criticized the handling of the office search and the broader political operation in Diyarbakır, amounted to targeting the prosecutor.
