Trial Monitoring

Prosecutor seeks up to 15 years for lawyer Burhan Arta over alleged professional activities

Deniz Tekin

In a trial concerning his professional activities, lawyer Burhan Arta faces up to 15 years in prison after the prosecutor submitted his final opinion, calling for Arta to be sentenced on charges of “membership in a terrorist organization.” The court adjourned the trial to allow Arta and his legal team time to prepare their defense.

The second hearing of the case, in which Arta is accused of “membership in a terrorist organization” due to his involvement in various press statements, the individuals he represented, and witness testimonies, took place at the Diyarbakır 4th High Criminal Court. While Arta did not attend the hearing, his lawyers, Mehdi Özdemir and Rıza Polat, were present. Journalists, other lawyers, and a plainclothes police officer observed the proceedings.

The session began with the reading of documents that had been submitted to the case file during the break between hearings. Two witnesses were heard during the trial. Mülkiye Barbut stated that she did not know Arta and was unsure whether he had been involved in her son's case when he was taken into custody. Another witness, Hüseyin Barbut, also claimed not to know Arta, stating that a different lawyer had represented him during his detention. Barbut clarified that while Arta had spoken to him during his time in custody, the lawyer did not pressure him or give any harmful advice, rejecting earlier claims that Arta had advised him to remain silent.

Arta’s lawyers rejected the accusations, stating that the allegations against their client were unfounded. The prosecutor, however, maintained that Arta should be punished for his alleged affiliation with a terrorist organization.

Arta’s defense team expressed readiness to submit their counterarguments if the court were to reach a decision at this hearing. The presiding judge, however, noted that the court required more time to review the case file and thus no decision would be made at this time. The defense lawyers mentioned that they would submit additional evidence in writing during the break between sessions.

The court postponed the trial to December 5, granting Arta and his lawyers time to prepare their final defense statements and submit additional evidence.
Background on the case

The investigation that led to Arta’s trial was launched following testimony from a confessor, Ümit Akbıyık. As part of the investigation, detention orders were issued for 216 individuals. On April 25, 2023, police conducted raids in 20 provinces, detaining nearly 200 people, including journalists, lawyers, politicians, artists, and members of various civil society and professional organizations.

Among those detained were 25 lawyers, including 19 registered with the Diyarbakır Bar Association, three from Mardin, two from Batman, and one from Şanlıurfa. Prosecutors later released 21 of these lawyers under travel bans. However, four lawyers, including Arta, were arrested on charges of “membership in a terrorist organization.” After 28 days in detention, the four were released following an appeal.

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