A lawyer in Adana faces charges for insulting public official
Attorney Ümit Büyükdağ, who accused a prosecutor of falsifying testimony, now faces charges of "insulting a public official due to their duties." The trial was postponed to allow for a video recording (SEGBIS) of the proceedings.
The case stems from a June 27, 2022 police operation in several Turkish cities, including Adana, Mardin, Mersin, Van, and Diyarbakır. The operation targeted members of the Binevş Culture and Arts Association, suspected of being involved in activities supporting a criminal organization. Among those detained was Seyhan Municipality's Deputy Mayor and attorney Funda Buyruk, whom Büyükdağ represented during the investigation.
On July 7, 2022, Adana Chief Public Prosecutor Seçkin Gökçe took Buyruk's statement and referred her for arrest to the Adana 2nd Criminal Judgeship of Peace. During the hearing, Büyükdağ claimed that the prosecutor had falsified the final record of Buyruk’s testimony, omitting key details. He specifically stated that the prosecutor failed to fully document his client’s statement, which he argued was deliberate. This accusation was entered into the court record, and the prosecutor filed a complaint against Büyükdağ the following day.
Following an investigation by the Adana Chief Public Prosecutor's Office, an indictment was prepared, charging Büyükdağ with insulting a public official in the course of their duties. The 14th High Criminal Court in Adana accepted the case after the Ministry of Justice granted permission for prosecution, as required when charging a lawyer.
In his written defense, Büyükdağ emphasized that his criticisms were based on the incomplete documentation of his client's testimony. He stated that none of the questions asked during the testimony were included in the official transcript. He argued that his statements during the hearing were protected under legal privilege and were not grounds for a criminal charge, denying any wrongdoing.
The first hearing of the case took place today at the Adana 14th High Criminal Court, with Büyükdağ and many of his colleagues in attendance. After a brief summary of the indictment, Büyükdağ explained that he was on trial for pointing out discrepancies in the transcript during his client’s 12-day detention. He requested that the court keep a SEGBIS video recording of the trial to ensure accurate records.
Initially, the court rejected the request, stating that they would "record everything correctly." However, after persistent requests from Büyükdağ and his legal team, the court agreed to the video recording and postponed the next hearing to December 13.
