Türkdoğan was charged with “membership in a terrorist organization” due to his public statements as the co-chair of the Human Rights Association

ALTAN SANCAR, ANKARA

The Human Rights Association (İHD) Co-Chair Öztürk Türkdoğan was acquitted on 19 April 2022 at the second hearing of a trial, in which he was charged with “membership in a terrorist organization.”

The hearing, which was monitored by P24, took place at the Ankara 19th High Criminal Court. The observers in the courtroom included MPs from the Peoples’ Democratic Party (HDP) and the Republican People’s Party (CHP); representatives from international rights organizations; İHD executives; lawyers from bar associations from across the country and journalists. The riot police were stationed inside the courthouse and outside the complex prior to the hearing.

The prosecutor presented their final opinion on the case, recalling that Türkdoğan was prosecuted for his statements concerning hunger strikes and solitary confinement of detainees in prisons; his media interviews concerning Abdullah Öcalan, the founder of the banned Kurdistan Workers’ Party (PKK); his statements published on the website of the pro-PKK news agency ANF and the transcripts of his phone records. The prosecutor stressed that the evidence in question failed to establish that Türkdoğan was a member of the terrorist organization, or that he was involved in the hierarchical structure of the terrorist organization. Asserting that the İHD, founded in 1986, operated in the field of human rights since its establishment, the prosecutor asked the court to acquit Türkdoğan in the light of such information. The prosecutor also asked the court to lift the judicial control measures against Türkdoğan once its decision becomes final.

Öztürk Türkdoğan addressed the court next to present his defense statement. Türkdoğan stated that the İHD carried out activities in the field of human rights in Turkey, and that all his statements and comments were made in response to the unlawful practices in this field. Stressing that the evidence held against him in the indictment concerned his activities and public statements about human rights, Türkdoğan requested his acquittal.

In his defense statement, lawyer Kerem Altıparmak stated that the 14-page written defense statement submitted to the court separately refuted each accusation against Türkdoğan. “For the imputed crime to take place, the client must surrender his will to the terrorist organization. Not a single piece of evidence or document points to this. The court should therefore rule for acquittal,” Altıparmak said.

Lawyer Yasemin Dora Şeker from the Adana Bar Association addressed the court next and argued against the prosecutor’s final opinion that Türkdoğan should be acquitted due to lack of evidence. Instead, Şeker argued, the court should acquit Türkdoğan due to “lack of grounds for punishment.”

When asked for his final remarks, Türkdoğan said, “I did not commit any crimes. I demand my acquittal.” 

Announcing its decision after holding a brief deliberation following the statements, the court ruled to acquit Türkdoğan of the charge of “membership in a terrorist organization.” The judicial control measure against Türkdoğan was also lifted.

When asked to comment on the court’s decision after the hearing, lawyer Kerem Altıparmak said, “This case should have never been filed on such evidence. However, unfortunately a mistake was made and this case was filed. Fortunately, the court ruled for acquittal after two hearings, even if it’s for the lack of evidence.”

Case background

On 15 February 2021, the İHD released a public statement in the aftermath of the Turkish military operation in the Gare region of the northern Iraq, which left 13 people dead. Interior Minister addressed İHD’s public statement on 16 February 2021, and referred to the association as “that cursed association.”

On 19 March 2021, Türkdoğan was arrested in an early morning police raid on his home. Türkdoğan was released later on the same day under judicial control measures in the form of bimonthly reporting to a nearby police station and an international travel ban.

Türkdoğan’s public statements about the prison conditions of Abdullah Öcalan in his capacity as the co-chair of the İHD and news reports on the ANF website based on his statements were reportedly cited as the basis for the accusations against him.

The indictment against Türkdoğan was subsequently accepted and a criminal lawsuit was filed against the rights defender. The first hearing in the trial was held on 22 February 2022.

Türkdoğan also stands trial in two other separate cases filed pursuant to Article 301 of the Turkish Penal Code, which criminalizes “publicly degrading the organs and institutions of the state," and "insulting a public official" under Article 125 on account of statements published on İHD's website.