- The case opened in 2016, in which 50 people including lawyers from the Association of Lawyers for Freedom (ÖHD) and members of TUAD were on trial, concluded after 10 years; the court sentenced 28 people to prison on various charges.
- Zübeyde Teker received 10 years and 6 months, Ramazan Demir 10 years and 15 months, and Mahmut Doğu 10 years in prison; these three individuals received the heaviest sentences in the file.
- The court separated the files of some defendants; the case against İlkin Bulut was dropped due to death.
- Lawyers: “This case is a trial of Kurdish lawyers and the right to defense. Our legal struggle will continue.”
MLSA – A verdict has been announced in the case where 50 people were tried, including 12 lawyers who are members of the Association of Lawyers for Freedom (ÖHD) and members of the now-closed Association for Solidarity with Prisoners’ Families (TUAD). In the hearing held at Istanbul 14th High Criminal Court, 28 defendants were sentenced to prison, 11 were acquitted; the court decided to separate the proceedings (tefrik) for some defendants, and to dismiss the case for others.
A large number of local and international lawyers, bar association representatives, human rights defenders, and international observers attended the verdict hearing. Representatives from bar associations in Europe also followed the hearing.
Lawyers: “This case is a trial of Kurdish lawyers and the right to defense”
Speaking before and during the hearing, ÖHD Co-chair Serhat Çakmak said the professional activities of the lawyers on trial were being punished, and added: “We saw that a 100-year-old demand for equal citizenship was squeezed into the courtroom. The evidence is unlawful, this case violates the right to a fair trial.”
Lawyer Emrah Baran said: “This case is essentially about the practice of law. Client meetings held in prisons have been used as evidence. This file is one of the conspiracy files created during the period when the [Gülen] movement was most influential.”
Lawyer Nagihan Avçil also said: “This file is a conspiracy case woven with fake signatures and unlawful wiretaps. We are facing a legal opinion derived from an investigation report. When it comes to Kurds, the law is suspended.”
Court sentences 28 people to prison
Istanbul 14th High Criminal Court sentenced a total of 28 defendants to prison on charges such as “membership in an armed terrorist organization” (Turkish Penal Code Article 314/2, Anti-Terror Law 7/1), “propaganda for the organization” (Anti-Terror Law 7/2), “aiding the organization” (TPC 220/7), and “violation of Law No. 6136” [on firearms].
According to the sentences handed down:
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Zübeyde Teker: 10 years and 6 months (aiding the organization + propaganda for the organization) – also, an arrest warrant was issued against her.
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Ramazan Demir: 10 years and 15 months (membership in the organization + propaganda for the organization)
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Mahmut Doğu: 10 years (leadership in the organization) – an arrest warrant was also issued against him.
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Selahattin Kaya, Nurettin Kılıç, Sinan Zincir: 9 years each
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Hasan Elyakut, Hüseyin Boğatekin, Recep Belek, İmam Demir: 7 years and 6 months
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Ruhşen Mahmutoğlu, Ayşe Acinikli, Ayşe Yavuz, Ayşe Gösterişlioğlu, Behçet Çiçek, Kadriye Nargili, Kandile Yeşilfidan, Cahide Temel, Hakkı Sonsuz, Raziye Öztürk, Şengül Kaçar, Mehmet Kaçar, Mehmet Halil Olçay, Nihat Daş, Abdulgafur Çeber: 6 years and 3 months
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Tamer Doğan: Total of 6 years (propaganda for the organization)
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Gülistan Çelik: 5 years (aiding the organization)
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Şefik Çelik, Adem Çalışçı: 1 year and 3 months (propaganda for the organization)
Mahmut Taşdan and Mehmet Halil Olçay were also sentenced to prison and judicial fines for violating Law No. 6136 on Firearms.
11 defendants acquitted
The court acquitted Ahmet Dursun, Beşir Akın, Güler Dündar, Hıdır Mayda, İlga Berfin Başar, İrfan Arasan, Mustafa Rüzgar, Şemşihan Şimşek Kurt, and some other defendants on the grounds that “the legal elements of the offense were not present.” The case against Ahmet Kaya (Kapçak) was dismissed.
Defendants whose files were separated
The court decided to separate the trial (tefrik) for some of the defendants. The cases of Ayşe Başar, İlkin Bulut and some others will be heard under a new file number. The case against İlkin Bulut was dropped due to death.
Confiscations and other rulings
The court ruled that digital materials belonging to some of the defendants be imaged and kept as evidence in the file, and the devices themselves be returned to their owners. Some weapons, ammunition, and digital data were ordered to be confiscated under Article 54 of the Turkish Penal Code.
The reasoning for the verdict will be officially notified to the defendants and their lawyers. The defendants can file an appeal with the Istanbul Regional Court of Justice within two weeks.
What had happened?
On March 16, 2016, during an early morning operation in Istanbul, lawyers who were members of ÖHD and TUAD administrators were taken into custody. The first hearing was held on June 22, 2016. In the indictment, the lawyers were accused of transmitting information from prisons, maintaining organizational communication, and making social media posts. In particular, Ramazan Demir and Ayşe Acinikli were targeted by the government for their applications to the European Court of Human Rights (ECHR).
Lawyers and international organizations interpreted this case as a threat to the right to defense. The Paris Bar Association declared Ramazan Demir and Ayşe Acinikli honorary members. International observers monitored all hearings. Over the years-long trial process, many of the accused were released.
Throughout the hearings, members of parliament from the HDP, representatives of the Istanbul Bar Association, and lawyers from bar associations in France, Germany, and Belgium attended as observers. Following the verdict, members of ÖHD and lawyers made a statement in front of the courthouse, emphasizing that “the defense cannot be silenced.”
