EYLEM SONBAHAR
In the retrial following the appellate court's overturning of the initial acquittal, 18 individuals detained during the 2021 May Day celebrations in Taksim, Istanbul, have been acquitted for the second time. They were facing charges for "violating the Law No. 2911 on Meetings and Demonstration Marches."
The second hearing of the case took place today, March 1, 2024, at the Istanbul 56th Criminal Court of First Instance. Some of the defendants and their lawyers were present.
Defendant Doğan Nur, asserting his constitutional right, stated that he participated in the May Day celebrations and requested acquittal. Mehmet Can Alkan also sought acquittal, claiming that he was detained without any prior warning from the police and that the detention involved torture.
The prosecution, in its opinion on the merits, requested separate acquittals for each defendant.
The court, agreeing with the prosecution, ruled that the legal elements of the accused crime were not formed and consequently acquitted all defendants.
Background of the Case:
The case originated from the detention of 18 individuals during the May Day celebrations in Istanbul in 2021, accused of "violating the Law No. 2911 on Meetings and Demonstration Marches." In the hearing on April 20, 2022, the lawyers of the defendants requested immediate acquittal. The prosecutor opposed this request, advocating for the continuation of the defendants' statements. However, the court ruled for acquittal, stating that "the act attributed to the defendants is not defined as a crime in the law."
Following an appeal by the public prosecutor, the 3rd Criminal Chamber of the Istanbul Regional Court of Justice overturned this decision on July 11, 2023. The appellate court cited Supreme Court rulings and stated that a judgment rendered without interrogating the defendants and with incomplete prosecution necessitated reversal. After this overturning, the retrial of the 18 defendants began with the first hearing on February 16, 2024, at the Istanbul 56th Criminal Court of First Instance.
In Turkey, particularly in Istanbul's Taksim Square, May Day has a significant history, often marked by tensions between demonstrators and the authorities. This case reflects ongoing issues related to public demonstrations, freedom of assembly, and the handling of protests by law enforcement in Turkey.
