Trial Monitoring

Lawyer Necat Çiçek faces trial with up to 15-year prison sentence

Lawyer Necat Çiçek faces trial with up to 15-year prison sentence

DENİZ TEKİN

Necat Çiçek, a lawyer facing up to 15 years in prison for his legal activities and participation in press statements, appeared in court, where the judge ruled to maintain his travel ban while ordering the return of his confiscated digital materials.

The latest hearing in Çiçek’s trial took place at the Diyarbakır 5th High Criminal Court. The session, attended by Çiçek and his legal team, also saw support from members of the Diyarbakır Bar Association, the Association of Lawyers for Freedom (ÖHD), and representatives from the Human Rights Association (IHD) Diyarbakır branch. Additionally, Françoise Cotta and Christine Martinea, attending on behalf of the international organization Lawyers Without Borders (DSF), observed the proceedings alongside a large number of lawyers.

Key witness statements in court

A key witness, Ümit Akbıyık, a confessed informant connected to the case, testified via SEGBIS (Turkey's judicial video system), claiming that Çiçek was involved in activities with the ÖHD. He admitted to having no further information beyond this point. Another witness, Muhammed Uluer, a prison officer from Yozgat Prison, stated that he had never seen Çiçek pass a note to an inmate and that he was not involved in conducting the body searches.

Mustafa Karatepe, the inmate with whom Çiçek had met in prison, confirmed that the lawyer was representing him and that their meeting was related to his legal case. He stressed that no notes were exchanged during their discussion. A moment of humor arose in the courtroom when the presiding judge thanked Karatepe, to which he replied “spas,” the Kurdish word for "thank you," prompting laughter among those present.

Defense challenges and prosecutorial demands

The prosecutor requested that unresolved issues in the case file be addressed. Çiçek rejected the allegations against him, specifically denying the adverse statements made by witnesses. His attorney, Mehdi Özdemir, argued that the case was based on the unreliable and inconsistent statements of witness Akbıyık, adding that no evidence supported the claim that Çiçek handed any notes during the prison meetings. Özdemir urged the court to deliver a swift verdict and asked for the return of Çiçek's digital materials and the lifting of his travel ban.

ÖHD Co-chair Ekin Yeter emphasized the broader implications of Akbıyık’s testimony, pointing out that his claims had led to the prosecution of numerous lawyers, journalists, and human rights defenders. Yeter criticized the violation of the right to a fair trial and lawyer-client confidentiality, arguing that Akbıyık's credibility had been discredited and calling for an immediate acquittal.

The court decided to postpone the case until December 12, 2024, to collect testimony from a witness who has yet to be heard, while maintaining Çiçek's travel ban and ordering the return of his digital materials.

Background of the case

The investigation into Necat Çiçek stems from the testimony of witness Ümit Akbıyık, which led to a large-scale operation on April 25, 2023. In coordinated raids across 20 provinces, around 200 people—including journalists, lawyers, politicians, and artists—were detained. Çiçek and 21 other lawyers were released with travel bans, while four lawyers were arrested on charges of "membership in a terrorist organization."

The Diyarbakır Chief Public Prosecutor’s Office later prepared an indictment against Çiçek, seeking up to 15 years in prison. He stands accused of being a member of the ÖHD, participating in press statements, and allegedly relaying instructions to imprisoned members of an illegal organization.

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