Deniz Tekin
Lawyer Serhat Hezer, facing up to 15 years in prison on charges of "membership in a terrorist organization," denied the allegations during the first hearing held on May 16. Hezer, citing attorney-client privilege, refused to provide information about his clients to the court.
The hearing at the Diyarbakır 5th High Criminal Court was attended by Hezer and his lawyers. Also present were members of the Diyarbakır Bar Association's Board of Directors, the Lawyer Rights Center, and officials from the Human Rights Association (İHD) and the Association of Lawyers for Freedom (ÖHD), alongside numerous lawyers.
Hezer had been detained for 28 days during the investigation based on the testimony of informant witness Ümit Akbıyık. During the identification process and presentation of the indictment's charges, Hezer refuted Akbıyık's claims, stating, "I don't know him, and he doesn't know me. His statements target my professional activities. I have no connection with any organization. According to Akbıyık, all lawyers registered with the Diyarbakır Bar Association operate under external coordination. I reject these statements. According to Article 36 of the Attorneyship Law, a lawyer is obliged to maintain confidentiality. I will not provide information about my clients. I carried out my duties as a lawyer in this case. I deny the charges."
When questioned by the presiding judge about allegations of acting like a "parallel bar association," Hezer responded, "I am a member of the ÖHD, which is a rights-based organization. We have never acted on orders. The ÖHD does not function as a parallel bar. No payments were made to us through ÖHD as claimed by Ümit."
Hezer's lawyer and Deputy Chairman of the Diyarbakır Bar Association, Mehdi Özdemir, argued that Hezer is being prosecuted for his professional activities as a lawyer. Özdemir emphasized that the investigation and prosecution of Hezer proceeded without authorization from the Ministry of Justice, highlighting procedural deficiencies. He requested the suspension of the trial until these deficiencies are rectified, recalling that in 1993, many lawyers, including Tahir Elçi, were detained and tortured based on similar informant statements.
The court's failure to address the request to suspend the trial was notable.
Lawyer Erhan Demir asserted that Hezer is not a "terrorist organization member" but a lawyer performing his duties. Demir questioned the validity of Akbıyık's statements, noting that Akbıyık identified and testified against 669 individuals in 32 hours, an improbable feat. He argued that Akbıyık's testimony was improperly obtained and should be excluded from the case. Demir also requested the lifting of Hezer's travel ban.
Lawyer Yunus Muratakan argued that the indictment targets the activities of the ÖHD, not Hezer personally. He stated, "This case seeks to undermine the struggle for rights and justice in Turkey. The ÖHD is being used as a tool here. There is no evidence in this case. We demand immediate acquittal."
The prosecution requested the correction of deficiencies in the case file.
In its interim decision, the court ordered the taking of Akbıyık's testimony and lifted Hezer's requirement to sign at the police station, but maintained his travel ban. The trial was adjourned to September 10.
Background of the case
The investigation, initiated based on the testimony of informant witness Ümit Akbıyık, led to house raids in 20 provinces on April 25, 2023, resulting in the detention of nearly 200 individuals, including journalists, lawyers, politicians, artists, and members of civil society and professional 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.
Twenty-one lawyers were released under judicial control with travel bans, while four lawyers, including Özüm Vurgun, were detained on charges of "membership in a terrorist organization." These four were released after 28 days following an appeal.
The indictment prepared by the Diyarbakır Chief Public Prosecutor's Office accuses lawyer Serhat Hezer of providing legal services to individuals prosecuted in cases related to the PKK (Kurdistan Workers' Party) as per the organization's directives, alleging Hezer's organic ties and activities with the PKK.
