EYLEM SONBAHAR
An Istanbul court has postponed the trial of 49 people charged over participating in protests following the sentencing of Istanbul Mayor Ekrem İmamoğlu, after rejecting defense requests for immediate acquittal, return of the indictment, and recusal of the judge. Lawyers also raised concerns about the treatment of 14 defendants who are currently in pretrial detention, saying they had not eaten since the previous evening.
The first hearing in the case was held at the 70th Criminal Court of First Instance in Istanbul but was moved to a larger courtroom at the 27th High Criminal Court due to the high number of defendants and limited capacity. The defendants are accused of participating in an "unlawful assembly and demonstration without arms and refusing to disperse despite warnings" during protests that broke out in December 2022 after İmamoğlu was sentenced to more than two years in prison for allegedly insulting public officials.
The hearing was attended by numerous lawyers, as well as Milena Buyum, Turkey Campaigns Manager for Amnesty International. Before proceedings began, the presiding judge ordered that only one family member per non-detained defendant could remain in the courtroom, citing a lack of seating due to the presence of the detained individuals.
Lawyers call indictment sloppy and unclear
Fourteen defendants brought from pretrial detention in a separate case involving alleged "insulting the President" charges were escorted into the courtroom in handcuffs, which were later removed before the hearing began. Attorney Berat Tanrıverdi criticized the indictment, noting it incorrectly listed the location of the alleged offense as the Şişli district, while arrests actually occurred in the Fatih district. "The indictment has been carelessly prepared, casting doubt on its entirety. We demand the return of the indictment and immediate acquittal of all defendants, including my client," he said.
Another defense attorney said, "We do not know what specific crimes any of these young people are accused of. This is an indictment that treats the slogan 'justice, rights, law' as illegal."
The prosecutor opposed the return of the indictment and the request for immediate acquittal, and the court ruled to reject both motions, stating that evidence had not yet been fully collected, the indictment had already been accepted, and no expert report had been submitted yet.
A defense lawyer also pointed out the absence of any reference to video recordings in the indictment, saying, "We are only now learning that video evidence has been included in the case file through the court’s procedural notice."
Lawyers raise human rights concerns over lack of food
After a break, the detained defendants were brought back into the courtroom to applause. When two individuals were reportedly ejected from the courtroom for taking photos, opposition MP Sibel Suiçmez from the Republican People's Party (CHP) protested, saying, "It is not the police who run court proceedings, but the judge."
The prosecutor also asked the court to reject the defense’s request for the recusal of the judge, which the court agreed to, stating the motion was aimed at delaying the proceedings.
One lawyer for defendant Ayşe Kayacı said they had not yet reviewed the newly added video and CD evidence and would only provide their defense after doing so. Another lawyer asked the court to establish when and how the footage was obtained and delivered. Lawyers stressed that their detained clients had not eaten since the previous evening and asked the court to allow them to have food before continuing their interrogations in a manner consistent with human rights.
“You are forcing defendants to give defense statements while hungry and thirsty,” one lawyer stated. When families protested, the judge reportedly responded, "Let them eat a piece of dry bread, it won't hurt them." One family member replied, "My child can't eat dry bread."
Lawyer for defendant Mahsuni Kahraman asked the judge when he last ate, prompting the judge to respond that proceedings would conclude soon and then the detainees could eat. A one-hour recess was granted to allow detainees to have a meal.
Court to request information on protest bans from Istanbul governor's office
After the break, defense attorney Yağmur Kavak urged the court once more to issue an immediate acquittal ruling, saying, "You could have ruled on acquittal today. You still have a chance."
The court decided to send a written request to the Istanbul Governor’s Office asking whether a ban on demonstrations and gatherings had been declared or extended, and if so, through which channels and on what dates this was announced.
The court also gave defendants and their lawyers until the next hearing to respond to the upcoming expert report on video evidence. It added that after the expert report is completed and defense statements are taken, it will consider whether to call police officers mentioned in the incident reports as witnesses.
The next hearing is scheduled for 9:30 a.m. on Oct. 24.
