EYLEM SONBAHAR
Lawyer Fırat Epözdemir, a member of the Istanbul Bar Association's Executive Board, was released by an Istanbul High Criminal Court on Wednesday after being held in pretrial detention for over four months on charges of “membership in a terrorist organization” and “making terrorist propaganda.”
Epözdemir was detained on Jan. 23 upon his return from a visit to the Council of Europe in Strasbourg and was formally arrested two days later. His trial opened at the 24th Istanbul High Criminal Court, with the court ruling for his release under a travel ban. The next hearing is scheduled for Sept. 9.
Epözdemir was brought to court from Marmara Closed Penal Institution in Silivri, a high-security prison west of Istanbul. Due to high attendance, including representatives from several bar associations and international delegations, an additional courtroom was opened where attendees followed the proceedings via videoconference.
In his defense statement, Epözdemir called the charges against him politically motivated. “We read the indictment with many lawyers. We could not understand why a member of the Istanbul Bar Association’s Executive Board would be arrested on such simplistic allegations. We know this is not a legal decision but a political one,” he said.
Epözdemir linked his arrest to his position within the bar association, claiming that had he not been elected to the board, he would not be facing prosecution. He said that the case file against him was separated from a broader investigation on Jan. 16 and that his arrest was premeditated, regardless of what defense he might present.
He also pointed out that a prior decision not to prosecute him (KYOK) had been reversed without any new evidence. “The real target is the Istanbul Bar Association and me,” he said, alleging that the indictment was not prepared in good faith and that the primary aim was his detention.
The indictment accused Epözdemir of being the district head of the Peoples’ Democratic Congress (HDK) in Bağcılar, a district of Istanbul. He denied the claim, saying he had never held any official role within the HDK and that the structure of the organization, which follows a horizontal model, makes the title of “district head” meaningless. “If I were truly the HDK’s Bağcılar chair, I would say so. They have offices, signs, a website. You haven’t shut those down,” he said.
One of the key pieces of evidence against him was his presence in a WhatsApp group titled “Resist Cizre.” The prosecution claimed the group was formed under HDK instructions. Epözdemir countered that the group was created solely for logistical coordination for a trip to Cizre, a town in southeastern Turkey that saw heavy clashes between Kurdish militants and Turkish security forces in 2015-16. “The group clearly states it was for travel to and from Cizre and would be shut down in three days. I never posted a single message,” he said, adding that no concrete evidence of HDK involvement had been presented.
Addressing a photograph used in the indictment, he said it was likely from his campaign for the June 7, 2015 parliamentary elections, when he ran for office. The image allegedly showed him wearing a scarf said to resemble a militant group’s flag. “I didn’t share the photo, it wasn’t published in the press, and it came from someone’s digital device. Even if it’s authentic, it’s from a time past the statute of limitations,” he said. “People seem to have forgotten that I’m a lawyer. I swear on everything I believe in—everyone knows I’m not guilty, yet I was imprisoned.”
When the presiding judge asked why he had gone to Cizre, Epözdemir replied: “To this day, I still don’t understand why the trenches were dug or why so many people died. We went at the call of the Diyarbakır Bar Association. There were people coming for reporting and human rights documentation. I want this on the record—we can’t join WhatsApp groups on our own; the person who sets it up adds people. My purpose was entirely humanitarian.”
Istanbul Bar Association President İbrahim Kaboğlu also delivered a defense statement, saying Epözdemir’s detention had negatively affected the association’s work. He noted that Epözdemir, who also oversees the association’s Lawyer Rights Center, was crucial in addressing complaints from fellow attorneys. “His absence has caused disruptions and grievances,” added General Secretary Hürrem Sönmez.
Kaboğlu argued that Epözdemir’s detention violated the core principles of justice. “He has been arbitrarily deprived of liberty for four months. This is a violation of his fundamental rights and impacts not only him but his clients and the public. The Istanbul Bar Association is a democratic institution, and detaining one of its executive board members violates Article 2 of the Constitution, which cannot be amended,” he said.
Muş Bar Association President Kadir Karaçelik also spoke, criticizing the prosecution for disrupting the operations of one of the world’s largest bar associations. “We are here to fight injustice, not to be labeled as terrorists,” he said. “This is a violation of the law, and we demand it be corrected.”
Attorney Baran Doğan questioned the fairness of the proceedings. “You cannot explain to the public that you’ve arrested a lawyer for this. Are we conducting a trial in medieval darkness?” he asked. “The evidence must be clear for there to be a fair trial. If there is no evidence, what are we even discussing?”
The prosecutor requested that Epözdemir remain in detention, but following a recess, the court ruled for his release under a travel ban.
