Lawyer Nazan Betül Vangölü Kozağaçlı, a member of the Progressive Lawyers Association (ÇHD), will remain in custody following her second hearing on charges of "membership in a terrorist organization." The Istanbul 26th High Criminal Court ruled to extend her detention, citing the need to hear witnesses and deeming judicial control measures insufficient. The next hearing is scheduled for Feb. 12, 2025.
Background
Kozağaçlı was detained on Feb. 6, 2024, following a gun attack on a police station in Istanbul’s Çağlayan district, during which operations targeted the People’s Law Office. Initially held on charges under Article 309 of the Turkish Penal Code (violating the constitutional order), the indictment later shifted to "membership in a terrorist organization." Despite months of detention, her lawyers argue that the prosecution lacks concrete evidence.
Defense and court arguments
During her defense, Kozağaçlı rejected the charges and emphasized her commitment to justice:
"I would rather be among those wronged than those committing wrongs. I am conscious of my righteousness."
Her lawyer, Murat Yılmaz, argued that her detention is a consequence of her legal advocacy:
"If Betül had followed a different legal practice, she likely wouldn’t be standing trial today."
Yılmaz highlighted the lack of initial evidence during her arrest, noting that key witnesses emerged only two months later, with one—Neslihan Albayrak—seeking leniency under Turkey's effective remorse law. Albayrak’s testimony, Yılmaz pointed out, did not implicate Kozağaçlı.
Lack of evidence from digital materials
Another defense lawyer, Çiğdem Akbulut, addressed the absence of incriminating evidence from examined digital materials. She criticized the 73-page indictment for lacking specifics on how Kozağaçlı allegedly committed the offense:
"The indictment shows her name and the charges but provides no details on how the alleged crime was carried out."
Akbulut noted the shift in charges from "violating the constitutional order" to "membership," arguing that even the lesser accusation lacks supporting evidence.
Court ruling
The court rejected the defense’s request for release, stating that the pending testimony of witnesses and insufficiency of judicial control measures justified continued detention.
Broader context
Kozağaçlı’s case reflects ongoing concerns about the criminalization of lawyers in Turkey, particularly those representing politically sensitive clients or engaging in human rights advocacy. Rights groups have repeatedly criticized such prosecutions as attempts to silence dissent within the legal profession.
