Büşra Genel
A court adjourned the trial of former YARSAV President and Secularism Assembly spokesperson Ömer Faruk Eminağaoğlu without hearing defense statements in a case in which he is charged with “insult” and “slander” over a social media post referring to “AKP members who use ByLock.”
The hearing was scheduled to take place at Ankara’s 11th Criminal Court of First Instance but was moved to the courtroom of the 21st High Criminal Court due to the smaller size of the original chamber. The session, set for 2 p.m., began 30 minutes late at 2:30 p.m.
It was announced that Eminağaoğlu’s objection to the rejection of his previous motion to recuse the judge had been dismissed by the Ankara 6th High Criminal Court. The trial court then decided to await the outcome of any possible further appeals regarding the recusal request and adjourned the hearing until March 27.
The session was concluded without giving Eminağaoğlu or his lawyers the floor to present defense statements.
Eminağaoğlu: First time four HSK heads involved in one case
After the hearing, Eminağaoğlu, his lawyer and supporters made a press statement outside the courthouse in Ankara, Turkey’s capital.
“Trials have now turned into places where judges and prosecutors are either promoted or punished,” Eminağaoğlu said. “They have completely ceased to be environments where justice is sought or where people are given the right to speak.”
He added: “The most important party to this case is 60 AKP ministers and lawmakers; four of them are heads of the HSK. For the first time in Turkey, four HSK heads are involved in one case. The judiciary has been crushed under the weight of this case.”
The HSK, or Council of Judges and Prosecutors, is the body overseeing appointments and discipline within Turkey’s judiciary.
Eminağaoğlu’s lawyer, Ayça Okur, said: “Our client, founding president of YARSAV Ömer Faruk Eminağaoğlu, prepared the indictment seeking the closure of the AKP when he was deputy chief public prosecutor at the Court of Cassation. In fact, this is a revenge case. There is a desire to retaliate against him. But beyond that, what needs to be known is this: The law is being trampled underfoot; it has been completely destroyed.”
About the case
In 2017, Eminağaoğlu shared on social media a list titled “List of AKP members who use ByLock,” including names such as Cemil Çiçek, Bülent Arınç, Egemen Bağış, Ali Babacan, Ömer Çelik, Recep Akdağ and Lütfi Elvan. He stated that the list was an allegation.
A total of 21 individuals — including then-AKP ministers, the speaker of parliament and lawmakers — filed complaints, and Eminağaoğlu was charged with “insult” and “slander.”
On March 31, 2021, the Ankara 11th Criminal Court of First Instance acquitted him. However, the case was appealed. The Ankara Regional Court of Justice 23rd Criminal Chamber overturned the acquittal, ruling that prosecutors should also file complaints concerning the other individuals on the 60-person list and that both cases should be conducted jointly.
