EYLEM SONBAHAR
In the ongoing trial of the Saturday Mothers/People for their 950th weekly gathering, lawyers' immediate acquittal requests were denied. The court extended the hearing until October 4 to complete the defense statements.
Despite the Constitutional Court's rulings of "rights violations," 20 relatives of the disappeared and human rights defenders were detained on June 10, 2023, at Galatasaray Square during the 950th weekly gathering of the Saturday Mothers/People. They are charged with "violating the Law on Meetings and Demonstrations."
The third hearing of the case was held at the Istanbul 39th Criminal Court of First Instance. The court accepted the lawyers' request for a larger courtroom, moving the hearing to the Istanbul 27th High Criminal Court. Present at the hearing were defendants Selvi Gülmez, Besna Tosun, Saime Sebla Arcan Tatlav, and İrfan Bilgin, along with representatives from the Human Rights Foundation of Turkey (TIHV), Human Rights Association (IHD), U.S. Consulate, Amnesty International Turkey Campaigns Officer Milena Buyum, and the Memory Center.
Human rights defender Selvi Gülmez testified, “As soon as we arrive at the square, we are detained. On that day, they took us and drove us around hospitals. It has been 30 years since we started searching for our lost loved ones. The police treat us as enemies, punching me twice during detention. What more can I say?"
Besna Tosun, daughter of disappeared Fehmi Tosun, stated: "Despite taking all legal avenues with the Human Rights Association, my father's detention has been denied at all state levels. Our request to investigate the license plate of the involved vehicle was rejected for 'privacy reasons.' Even the Constitutional Court gave no results, closing all avenues for justice."
Besna Tosun continued, "Since the 700th week, Galatasaray Square has been closed off to us and the public. Despite Constitutional Court rulings of violations, our attempts to make press statements at Galatasaray Square between April 8 and November 11, 2023, were met with police violence. Although not a crime under current laws, we were unlawfully detained 29 times, with 29 investigations opened against us. While 28 investigations resulted in no prosecution, this case was opened under similar circumstances for the 950th week."
Following Tosun, Saime Sebla Arcan, a member of the IHD Istanbul Branch's Commission Against Disappearances, testified: "We informed police commanders that the Constitutional Court found the Beyoğlu District Governor's ban unlawful, yet they continued to block and detain us unlawfully. Our lawyer's request to speak with the police was denied, and the detentions happened within minutes, indicating a lack of intent to negotiate."
Arcan argued, "I did not commit a crime; I exercised my constitutional rights. Based on the binding decisions of the Constitutional Court, I request immediate acquittal to conclude this trial."
Irfan Bilgin, brother of disappeared Kenan Bilgin, emphasized the importance of Galatasaray Square: "It is a memory center for us, and as relatives of the disappeared, we will not give up on Galatasaray Square."
Lawyer Gülizar Tuncer criticized the judicial process, calling it torturous. "Can administrative decisions block the use of rights and freedoms? This is the real issue," she said.
Lawyer Metin İriz continued the defense but was interrupted by the judge, who noted that similar arguments were presented in previous hearings, causing delays. Lawyer Jiyan Kaya reiterated the demand for immediate acquittal.
The court rejected the immediate acquittal request, stating that the defendants' substantive defenses were incomplete. The hearing was adjourned to October 4, allowing more time for the defense statements of Cüneyt Yılmaz, Hünkar Hüdai Yurtsever, and Oya Meriç Eyüboğlu.
