ÇİÇEK TAHAOĞLU
The second hearing of the retrial of three police officers accused of wrongfully attempting to detain journalist Beyza Kural by handcuffing her from behind while she was on a news assignment took place today (February 15, 2024) at the Istanbul 35th Criminal Court of First Instance.
The defendant police officers were previously fined in a case opened for the 2015 incident for "violating the freedom of work and labor." Following the annulment of this decision by the appellate court, the retrial began.
The hearing was attended by numerous observers and journalists, including representatives from the Committee to Protect Journalists (CPJ), Reporters Without Borders (RSF) Turkey, Media and Law Studies Association (MLSA) Case Monitoring Coordinator Semra Pelek, and the Union of Turkish Journalists (TGS) lawyer Ülkü Şahin. Journalist Beyza Kural and the defendant police officers K.A. and Y.Ş. were present in the courtroom.
The prosecutor expressed the opinion that the defendants should be punished for "abusing the influence provided by public office to hinder work activities," in addition to "obstructing the freedom of work and labor." The defendants were given time to prepare their defense. The next hearing will be held on March 12.
Kural's lawyer highlights violations identified by the Constitutional Court
During the hearing at the Istanbul 35th Criminal Court of First Instance, defendant K.A. claimed he did not carry out the arrest and said, "I might have glanced involuntarily while passing by."
Journalist Kural also spoke, continuing her complaint. Her lawyer reminded the court of the Constitutional Court's decision that her rights had been violated, stating that the indictment was lacking in this regard. The Constitutional Court (AYM) had previously ruled that the prohibition of ill-treatment and freedom of the press were violated. Kural's lawyer had previously requested that the defendants be tried for "intentional injury" and "hindering freedom of thought and opinion." However, the court had declined this request, stating it would consider it while issuing the verdict.
Prosecutor reiterates opinion for punishment of the defendants
The trial prosecutor, considering the videos and photographs in the file, stated that it was evident the defendants committed the attributed crime by abusing the influence of their public office. He expressed the opinion that the defendants should be punished for "obstructing the freedom of work and labor" and "abusing the influence provided by public office to hinder work activities."
The defendants, in response, reiterated their previous defenses and denied the accusations. K.A. did not request additional time for defense. It was learned that the statement of the other defendant, N.D., who did not attend the hearing, was taken and added to the file.
The court gave defendant Y.Ş. time to prepare a statement against the prosecutor's opinion. The next hearing will be held on March 12.
Background:
In 2015, during a protest at Istanbul University on November 6, the establishment date of the Higher Education Council (YÖK), police attempted to detain Beyza Kural, a reporter for bianet, by snatching her press card from her neck and handcuffing her from behind.
The moments when police officer Yusuf Şanlı shouted, "Nothing will be the same, we will teach you this," were recorded by Kural's camera, which was hanging around her neck. Following objections from other journalists, the police released Kural while still handcuffed.
After her criminal complaint against the police officers resulted in a non-prosecution decision, Kural applied to the Constitutional Court (AYM). On February 18, 2021, the AYM ruled that the "prohibition of treatment incompatible with human dignity," "freedom of expression," and "freedom of the press" were violated. Following this decision, a case was opened against three police officers for "violating the freedom of work and labor," with a demand for imprisonment of six months to two years.
Six years after the incident, the Istanbul 35th Criminal Court of First Instance, in its final opinion, stated that it was clear from the presented footage that Kural was detained despite having a press card and that the defendant police officers committed the crime of "violating the freedom of work and labor (Turkish Penal Code Article 117)." The prosecutor requested punishment for the defendant police officers, stating they committed this crime "by abusing the influence provided by public office," and requested an increase in the sentence in accordance with Turkish Penal Code Article 119/1-e.
The court fined the defendant police officers 6,000 Turkish Liras each. The announcement of the verdict was deferred for one officer. The other two officers, who had previously committed crimes, did not have their verdict announcement deferred. The police officers were ordered to pay the fine in 10 installments.
However, the Appellate Court annulled the decision, stating that the penalty should not be given from the lower limit due to the defendants being public officials. Additionally, the decision was annulled because one of the defendant police officers had another suspended sentence in his criminal record.
