DENİZ TEKİN
Human Rights Association official and lawyer Gurbet Özbey Öner acquitted of terrorism charges
Gurbet Özbey Öner, a lawyer and executive at the Human Rights Association (IHD) Diyarbakır branch, was acquitted of charges of "membership in a terrorist organization" in a case related to her legal work. The verdict was delivered in the third and final hearing of her trial at the Diyarbakır 5th High Criminal Court.
Öner had been arrested and later released as part of an investigation initiated based on testimony from informant Ümit Akbıyık, who sought leniency under Turkey’s effective remorse law. The hearing was observed by members of the Diyarbakır Bar Association, ÖHD Co-chair Ekin Yeter, IHD Diyarbakır branch executives, and representatives from Lawyers Without Borders (DSF), including Françoise Cotta and Christine Martinea, along with a large number of lawyers.
Prosecutor’s demands and defense arguments
The prosecutor argued that Öner had provided legal services to detained members of the PKK and was active in the ÖHD, which the prosecution labeled a "shadow bar." Based on these claims, the prosecutor called for her conviction on charges of "membership in a terrorist organization."
In response, Öner denied the allegations, reiterating that the informant Akbıyık’s statements were false and that she had no connections to any organization. She requested her acquittal.
Öner's lawyer, Mehdi Özdemir, stressed that providing legal assistance cannot be construed as a crime. He argued that there were no indications of organizational activities in the case, adding, "The prosecutor cannot ignore human rights violations with phrases like 'so-called justice' or 'so-called isolation'." He called for Öner’s acquittal. Another defense lawyer, Muhlis Oğurgül, criticized the charges, calling the case an attempt to hinder the legal profession. He added, "Civil society cannot retreat from areas where human rights violations occur."
After hearing final statements, the court ruled that the elements of the crime of "membership in a terrorist organization" were not met, acquitting Öner and lifting her travel ban.
Background of the case
The investigation against Öner began after testimony from informant Ümit Akbıyık. This testimony led to a large-scale operation on April 25, 2023, across 20 provinces, resulting in the detention of nearly 200 individuals, including journalists, lawyers, politicians, and members of civil society organizations.
Among those detained were 25 lawyers—19 from the Diyarbakır Bar Association, three from the Mardin Bar Association, two from the Batman Bar Association, and one from the Şanlıurfa Bar Association. While 21 of these lawyers were released with travel bans, four lawyers, including Özüm Vurgun, were arrested on charges of "membership in a terrorist organization." These four were released after 28 days in detention following an appeal.
