Trial Monitoring

Lawyer Serhat Hezer acquitted of terrorism charges

Lawyer Serhat Hezer acquitted of terrorism charges

DENİZ TEKİN

Lawyer Serhat Hezer, who was facing up to 15 years in prison on charges of "membership in a terrorist organization," was acquitted by the Diyarbakır 5th High Criminal Court. Hezer had been accused of providing legal services to alleged members of the PKK and being affiliated with the Association of Lawyers for Freedom (ÖHD), which the prosecution claimed acted as a "shadow bar."

The trial, attended by Hezer and his defense team, drew support from members of the Diyarbakır Bar Association, ÖHD Co-chair Ekin Yeter, and representatives from the Human Rights Association (IHD) and Lawyers Without Borders (DSF), including Françoise Cotta and Christine Martinea. A significant number of lawyers were also present in solidarity.

The prosecutor argued that Hezer should be convicted for his alleged involvement in providing legal representation to arrested PKK members and his role within the ÖHD, which was described as operating like a "shadow bar." In his defense, Hezer stated that he had no further comments on the prosecutor’s final opinion. His lawyer, Mehdi Özdemir, argued that the case aimed to criminalize the legal profession, emphasizing that the testimony of key witness Ümit Akbıyık was unreliable and motivated by self-preservation. Özdemir also highlighted that the ÖHD is an organization dedicated to combating human rights violations, rejecting the prosecutor’s characterization of it as a "shadow bar."

Another defense lawyer, Erhan Demir, asserted that Hezer was unjustly prosecuted for his professional activities and criticized the legal proceedings, noting that the case was initiated without proper authorization from the Ministry of Justice. Lawyer Yunus Muratakan argued that the prosecutor’s criminalization of the ÖHD was unfounded, as the organization, with nearly 3,000 members, is focused on human rights advocacy.

When asked for a final statement, Hezer simply responded, "I have nothing to add."

The court ruled that the charge of "membership in a terrorist organization" was not substantiated and acquitted Hezer, also lifting his travel ban.

Background of the case

The investigation into Serhat Hezer began following the testimony of informant Ümit Akbıyık, which led to a large-scale operation on April 25, 2023. In coordinated raids across 20 provinces, nearly 200 individuals—including journalists, lawyers, politicians, and artists—were detained. Among the detainees were 25 lawyers, including 19 registered with the Diyarbakır Bar Association, three with the Mardin Bar Association, two with the Batman Bar Association, and one with the Şanlıurfa Bar Association.

While 21 of the detained 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.

The indictment prepared by the Diyarbakır Chief Public Prosecutor’s Office alleged that Hezer provided legal services to individuals involved in cases connected to the PKK based on instructions from the organization. It also claimed that Hezer had an "organic connection" with the group and conducted activities on its behalf, thereby accusing him of being a member of the PKK.

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