May 23, 2024 - The trial of former Diyarbakır Bar Association President Mehmet Emin Aktar, accused of "targeting a prosecutor" with his social media post, has been adjourned to allow the prosecutor to prepare a final opinion. Both national and international legal organizations attended the hearing in support of Aktar.
Aktar is charged with "targeting individuals involved in counter-terrorism efforts" due to a social media post he made about an unlawful search conducted in a colleague's office. The third hearing of this case took place at the Diyarbakır 5th High Criminal Court.
Among those observing the hearing were Diyarbakır Bar Association President Nahit Eren, members of the Bar Association's board, managers of the Diyarbakır Bar Association Lawyer's Rights Center, Ekin Yeter, Co-Chair of the Association of Lawyers for Freedom (ÖHD), and representatives from the Urfa, Mardin, Batman, and Istanbul branches of ÖHD. Representatives from the Human Rights Association (İHD) Diyarbakır Branch and international legal organizations, including Françoise Cotta from Défense Sans Frontières (Lawyers Without Borders) and Tara Fiechter and Pim Oremans from Lawyers for Lawyers, also attended.
In his opening remarks, Aktar stated that he would make his defense after the prosecutor presented the final opinion. Aktar’s lawyer, Resul Temur, referenced rulings from the Court of Cassation and the Court of Appeals regarding Article 6/1 of the Anti-Terror Law, which concerns "targeting individuals involved in counter-terrorism efforts." Temur cited a ruling by the 22nd Criminal Chamber of the Ankara Regional Court of Justice, which acquitted Selahattin Demirtaş of similar charges.
Temur argued that prosecutor M.K., whom Aktar is accused of targeting, is a well-known public figure with his name and photograph displayed on the judiciary's website, thus disclosing his name is not a crime.
Lawyer Semra Balyan submitted an expert opinion jointly prepared by Lawyers for Lawyers and the Media and Law Studies Association (MLSA) to the court. She emphasized that the European Convention on Human Rights (ECHR) and the United Nations International Covenant on Civil and Political Rights protect lawyers' freedom of expression.
The prosecutor requested additional time to prepare the final opinion. The court granted this request and postponed the trial to June 28.
Background on the case
Mehmet Emin Aktar was investigated for sharing a report on social media about irregularities during a search conducted on April 25, 2023, in the office of lawyer Resul Temur, who works with him.
The Diyarbakır Chief Public Prosecutor's Office charged Aktar under Article 6/1 of the Anti-Terror Law, which involves "targeting individuals involved in counter-terrorism efforts," seeking a prison sentence of one to three years.
The indictment named Prosecutor M.K. as the complainant and alleged that Aktar's social media post disclosed M.K.’s identity. The post included the comment, "One of the reasons for accusations in the politically motivated operation in Diyarbakır is practicing law. Our colleague Resul Temur mainly handles press cases. All digital materials and case files he uses in his professional activities were confiscated. This report, prepared by lawyers including a bar association representative, documents that the investigation is entirely unlawful."
The indictment argued that by sharing the prosecutor's name and details of his involvement in a counter-terrorism investigation, Aktar had put him at risk.
