In the GÖÇİZDER trial where 23 rights defenders 17 of whom were in pre-trial detention, lawyers who objected to the obstruction of the right to defense of their clients were not allowed in to the courtroom. The court released four people and adjourned the trial

The first hearing in the trial of 23 rights advocates, 17 of whom were in pre-trial detention, including members and executives of the Göç İzleme Derneği (Migration Monitoring Association), or GÖÇİZDER, and the Human Rights Foundation of Turkey social worker Bilal Yıldız on charges of “membership in a terrorist organization” was held at the İstanbul 26th High Criminal Court on 13 December 2022.

The 17 rights advocates placed in pre-trial detention over their activities at the association, some defendants who are free pending trial and lawyers attended the hearing which P24 monitored.

Due to the high number of defendants and lawyers, some representatives of rights organizations there to monitor the trial could not enter the courtoom. The presiding judge said that they had written to the relevant places fto transfer the hearing to a larger courtroom and were still expecting a reply.

Following identification, Songül Köse, one of the defendants in pre-trial detention, delivered her defense. Denying the charges, Köse said “The indictment contains false information about me and the association I work for. In 2015-2016 the work was carried out for those provinces under curfew and from which people migrated. We were claimed to be partial in this work. We do not accept this claim.”

As Köse continued to deliver her defense, the presiding judge told ill imprisoned defendant İlyas Erdem that he could leave the courtroom if he felt unwell. Erdem left the courtroom accompanied by the gendarmerie.

After Köse finished her defense, the presiding judge said “Given the scope of the case, the number of defendants and lawyers, the hearing should continue at the Silivri 2nd courtroom on 14 and 15 December.”

Lawyers removed from the courtroom

The second session of the hearing that continued at the Silivri 2nd Courtoom on 14 December 2022 began wtih GÖÇİZDER’s co-chair and imprisoned defendant Kamile Kandal. However, the presiding judge intervened on Kandal’s defense. Upon lawyers’ objections, the presiding judge said “I will not allow lawyers to speak. If you disrupt order in the court, I will have you removed.” As lawyers continued to object, the panel of judges left the courtroom with the case files.

Later the courtoom was changed by the decision of the presiding judge and defendants’ lawyers were not allowed into the new courtroom. With defendants stating they would not defend in the absence of their lawyers, the court decided to continue the hearing on 15 December.

Delivering a press statement after the hearing, lawyer Ahmet Baran Çelik said that the panel of judges had a negativer attitude towards the defense. Summarizing in the events at the hearing, Çelik said: “Today we were at a hearing where lawyers were not allowed to speak. Because lawyers do not accept this attitude of the court, the hearing has unfortunately not made any progress in the last two days. GÖÇİZDER co-chair Kamile Kandal’s defense was disrupted and they insisted that she keep it short. Her defense was obstructed. When we said that as lawyers, we could not accept such an attitude, the panel of judges wanted to remove us from the courtroom off the record. But lawyers demanded that this go on the record. Not accepting the demand, the panel of judges then left the courtroom. Later, the defendants were brought to another courtroom but families and lawyers were not let in.”

Request for recusal dismissed 

At the third session of the hearing on 15 December, lawyers objected to the obstruction of the right to defense and asked for recusal of judges. The lawyers were forcibly removed from the courtroom by the gendarmerie.

The defendants demanded that their lawyers be let back into the courtroom for the hearing to continue.

Not allowing the lawyers back into the courtroom, the panel of judges asked the prosecutor for their interim opinion. The prosecutor asked for the release of defendant İlyas Erdem who suffers from kidney failure and for other defendants to be kept in pre-trial detention.

The court ruled to release Songül Köse and Kamile Kandal, who completed delivering their defense and İlyas Erdem and veysi Yıldız on medical grounds and to keep 13 people in pre-trial detention. Lifting judicial control measures on the defendants who are not imprisoned, the court dismissed the request for recusal. The triall, which was adjourned until 4-5 January 2023, will once more be held at the courtrooms in the Silivri Closed Prison Campus.

Background of the case

GÖÇİZDER’s association premises in Şirinevler, İstanbul was raided by the police as part of an investigation launched by the İstanbul Chief Prosecutor’s Office on 3 June 2022 and the books preapred by the association and computers were seized.

The same day, 22 GÖÇİZDER members and executives, including the co-chairs of the association were detained and a “secrecy” order was brought for the case. 17 people were imprisoned pending trial after eight days in detention