An İstanbul court has issued a fine of TL 6,000 each to the three police officers who detained journalist Beyza Kural by handcuffing her behind for “violation of the freedom to work and employment,” and divided the fine into 10 equal installments

CANSU PİŞKİN, İSTANBUL

The seventh hearing in the trial of three police officers on charges of “violation of the freedom to work and employment” that was filed following the Constitutional Court ruling for a violation of rights in the case of police violence experienced by former bianet reporter Beyza Kural was held at the İstanbul 35th Criminal Court of First Instance on 1 December 2022.

Plaintiff Beyza Kural, her lawyer Meriç Eyüboğlu and defendants’ lawyers attended the hearing, which P24 monitored. The defendant police officers did not attend the hearing.

Repeating their final opinion on the case presented at the hearing on 4 November 2022, the prosecutor said that it had been established that the defendant police officers had committed the impugned crime through use of the influence of public office and requested their sentencing for the “violation of the freedom to work and employment.”

Defendant Y.Ş.’s lawyer Burak Turan said that no permission to investigate the officers had been obtained and the trial should therefore be halted. Turan argued that elements of the impugned crime did not exist because Kural had not “shown her press card despite the officers asking for it.” Turan requested the acquittal of his client.

Kural’s lawyer Meriç Eyüboğlu said “It is clear from the images the court has seen that my client is holding her press card in her hand. The treatment of my client has been established through testimonies and the Constitutional Court ruling. This crime was committed arbitrarily. These individuals maltreated my client using the influence of public office. Therefore, the defendants should be sentenced for the abuse of duty but also for maltreatment.”

Speaking after her lawyer, Kural said “The trial was carried out in hearings in which the defendants were not present. It was not only my right to work that was violated as the opinion of the prosecution holds. I also experienced maltreatment. I think the decision taken here will be significant for combating impunity.”

The court sentenced the defendant police officers to a judicial fine of TL 6000 for the crime of “violation of the freedom to work and employment.” For defendant N.D., the court deferred the announcement of the sentence.

The court divided the fine issued to defendants K.A. and Y.Ş. for the same crime into 10 equal installments. Due to a previous deferral of sentence concerning them, the court did not defer the sentence for defendant police officers K.A. and Y.Ş.

Background of the case

The three police officers Y.Ş., N.D. and K.A. had attempted to detain Kural by handcuffing her behind her back and telling her “Nothing is as it was any longer, we’ll teach you that” on 6 November 2015, as Kural was reporting on the protest against the Board of Higher Education in İstanbul.

Kural had applied to the Constitutional Court upon a decision not to prosecute regarding the detention attempt. Deciding on Kural’s individual application on 12 January 2021, the Constitutional Court had ruled that Kural’s treatment constituted a violation of the freedom of the press and expression. The top court had decided that a new investigation be launched against the police officers to remedy the consequences of the ban on inhumane treatment and the violation of the freedom of the press and expression and ordered TL 15,000 worth of damages to be paid to Kural.