Deniz Tekin
Diyarbakır Bar Association President Nahit Eren and 10 executive board members face a new lawsuit for "Denigrating the Turkish Nation, State, and its Institutions," following a commemorative statement made on the anniversary of April 24, 1915, recognized as the start of the Armenian Genocide.
The Diyarbakır Bar Association published a statement titled “Sharing the Pain of the Great Catastrophe” on their social media and website on April 24, 2021. Following a complaint by an individual named M.T., the Diyarbakır Chief Public Prosecutor's Office initiated an investigation into the statement. The Prosecutor's Office sought permission from the Ministry of Justice to investigate the association's president Nahit Eren and executive members Zuhal Işık, Mehdi Özdemir, Serdar Özer, Seyit Rıza Karakaş, Mehmet Erdem, and former executives Ali İsmet Girgin, Diyar Rüknedin Çetedir, Öykü Çakmak, Hatice Demir, and Atilla Berk. The Ministry granted permission to investigate under Article 301 of the Turkish Penal Code.
Under the Attorney Law, cases related to crimes committed by attorneys in their professional duties can be initiated by a decision of the nearest High Criminal Court to their residence. Completing its investigation, the Diyarbakır Chief Public Prosecutor's Office sent the indictment to Batman, the closest province to Diyarbakır.
The Batman Chief Public Prosecutor's Office prepared an indictment seeking imprisonment of one to three years for the bar association executives under Article 301 for "Publicly Denigrating the Turkish Nation, the State of the Republic of Turkey, the Grand National Assembly of Turkey, the Government of the Republic of Turkey, and the Judicial Organs of the State." The complainant, M.T., was listed as the "informer" in the indictment, claiming the bar's statement was an insult and open attack on the national and spiritual values of the Republic of Turkey. Despite being properly notified, the lawyers had not made written or oral defense to date.
The indictment cited the statement, "Sharing the Pain of the Great Catastrophe," as evidence of the crime, highlighting the following excerpts: "Our society, which lived together for hundreds of years, learning from each other's differences and thriving in pluralism, woke up to a dark day on April 24, 1915... The Armenian deportation that began on that day marks the start of one of the most painful catastrophes in our social history. Therefore, April 24 is one of the darkest days in the history of the Armenian nation scattered across the globe... The Turkish Republic, its Government, and bureaucracy, every April 24, ignore the darkness of the great catastrophe, keeping tabs on who calls this calamity what, and quarrel with the truth... Facing the past, 'the Armenian truth' is one of the crucial junctions. The longer we leave this junction in darkness, the more its daunting shadow will torment us and the souls of the victims. Today, it's our duty to shine light in the darkness, face the painful truth, and bring some peace to the souls lost in the great catastrophe. As the Diyarbakır Bar Association, we call for the initiation of 'unveiling the truth' process to bring forth evidence of crimes committed against the Armenian community and bring peace to the souls of our dispersed Armenian neighbors." The indictment requested the prosecution under Article 301 of the Turkish Penal Code following the final investigation permission.
The Batman 3rd High Criminal Court, accepting the indictment, decided to proceed with the trial after the bar association executives did not provide a defense. The court held that the statement constituted the crime of "Publicly Denigrating the Turkish Nation and the State of the Republic of Turkey" and sent the case file to the competent High Criminal Court in Diyarbakır for trial. The trial is expected to commence in the coming months.
Eren: Article 301 is used as a tool of pressure against civil society
Diyarbakır Bar Association President Nahit Eren, referring to judicial harassment against the bar's executive boards since 2017, recalled being acquitted in a previous Article 301 case. Despite acquittals, Eren stated that cases and investigations are persistently opened, "The real issue here is the Ministry of Justice granting investigation permission despite the courts' assessments within the scope of freedom of expression. The Ministry consistently authorizes investigations against the Diyarbakır Bar Association. Prosecuting our statements is essentially an attempt to exert pressure on civil society, professional organizations, and bars. Despite knowing the cases will end in acquittal, the Ministry's authorization reflects this. It aims to deter such statements in the future. The Diyarbakır Bar Association will continue to speak out on confronting the past as part of its responsibility." Eren, noting the bar as the most investigated under Article 301, revealed that 7 investigations have been opened against him under Article 301 during his approximately 3-year tenure as president.
'TCK 301. A significant threat to freedom of expression'
Deputy President of the Diyarbakır Bar Association, attorney Mehdi Özdemir, commented on the case, highlighting the judicial threat against attorneys and bars for their statements and activities in defending and promoting human rights. Özdemir stressed that Article 301 is frequently used against those expressing views outside the official ideology, opposing injustice and legal violations, raising their voices, and expressing their thoughts, posing a significant threat to freedom of expression. "We see the events starting with the 1915 Armenian Genocide and continuing with the 1925 execution of Şeyh Said and his comrades, the 1937-38 Dersim Massacre, and the enforced disappearances and thousands of unresolved murders in the 1990s as realities Turkey must confront," said Özdemir. He affirmed their commitment to continue their struggle for rights and express their thoughts despite these threats and pressures.
Five cases and seven investigations opened against the Bar under TCK 301
Özdemir shared that investigations were opened against seven separate April 24 statements made by the Diyarbakır Bar Association between 2017 and 2023. "The Ministry of Justice has granted investigation permission against the president and executive board members of the Diyarbakır Bar Association six times under Article 301. Another file is awaiting investigation permission at the Ministry. Based on these statements, a total of five cases were opened, four of which ended in acquittal. The prosecution process for our 2022 April 24 statement is ongoing. Our 2023 April 24 statement was sent to the Ministry of Justice for investigation permission," he stated.
