Eylem Sonbahar
A Turkish court has acquitted all 46 people charged over the Saturday Mothers' attempt to hold their 700th weekly gathering in Istanbul’s Galatasaray Square in 2018, ruling that no criminal offense had been committed.
The 15th hearing of the case was held at Istanbul’s 21st Criminal Court of First Instance. The trial stemmed from an August 25, 2018, police crackdown on the group’s gathering, during which 46 people were detained and later charged with "participating in an illegal assembly and refusing to disperse despite warnings."
The hearing was observed by several politicians, including Celal Fırat from the pro-Kurdish DEM Party, Türkan Elçi from the main opposition Republican People's Party (CHP), and İskender Bayhan from the Labor Party (EMEP). Representatives from the U.S., Dutch, German, and French consulates, as well as Barış Altıntaş, co-director of the Media and Law Studies Association (MLSA), were also present.
Prosecutor called for acquittal
Repeating his final opinion presented on Jan. 10, 2024, the prosecutor argued that the defendants had not committed any crime and requested their acquittal.
During their defense statements, Ali Ocak said, "We were unlawfully detained, and the authorities acted against the Constitution. I demand that action be taken against those responsible for this intervention."
Jiyan Tosun, another defendant, stated, "In fact, I do not even request an acquittal. The judiciary owes justice to the families of the disappeared."
Lawyer Gülseren Yoleri referred to two prior Constitutional Court rulings that found the authorities' actions unconstitutional. She emphasized that the case was baseless and should have been dismissed from the start. "We are talking about a 30-year-long struggle. The search for justice has continued for three decades, and the mourning has never ended," she said. Yoleri also criticized the continued police blockade at Galatasaray Square despite the Constitutional Court’s decisions, calling it "disturbing and unacceptable."
Lawyers reject "fabricated crime" claim
Lawyer Davut Arslan rejected the prosecutor’s request to refer an alleged incident of police officers being injured during the crackdown to the Istanbul Chief Public Prosecutor’s Office. "There is no complainant statement from any officer. This is an attempt to fabricate a crime, and we reject it," he said.
Hazal Sümeli, representing Koray Kesik with MLSA’s legal support, and Ümmühan Kaya, another defense lawyer, also demanded acquittal, criticizing the indictment for lacking clear charges against specific individuals. "This case has dragged on for seven years with an indictment that does not even specify what each defendant is accused of," Kaya said.
"We demand justice"
Defendant Besna Tosun stated in her final remarks, "If a crime was committed, it was not by us—it was by the police who assaulted us." Hasan Karakoç added, "This trial has turned into torture for us. We are seeking justice."
After a recess, the court ruled that no crime had been committed and acquitted all defendants. The court also lifted the travel ban imposed on defendant Cihan Oral Gülünay and rejected the prosecutor’s request to refer the alleged police injury incident to the Istanbul Chief Public Prosecutor’s Office, stating that there was no legal obligation to do so.
