Court also rules to file criminal complaints against all three police officers on charges of “intentional injury” and “preventing the exercising of the freedom of thought and belief”

CANSU PİŞKİN, ISTANBUL

The third hearing in the retrial of three police officers who attempted to violently detain former bianet reporter Beyza Kural by handcuffing her behind her back in 2015 was held at the Istanbul 35thCriminal Court of First Instance on 12 March 2024.

The retrial was ordered by a court of appeals, which overturned the judicial fine of TL 6,000 handed down to the three police officers on the charge of “violation of the freedom to work and employment” as per Article 117/1 of the Turkish Penal Code (TCK) at the end of the initial trial in December 2022 on grounds that the sentences should have been set above the minimum penalty prescribed by the law.

P24 monitored Wednesday’s hearing, where defendant police officer K.A., complainant Beyza Kural and lawyers for the parties were present. Defendant police officers Y.Ş. and N.D. did not attend the hearing.

Repeating their final opinion, the prosecutor requested sentencing for the defendant police officers on charges of “violation of the freedom to work and employment” (TCK 117/1) and “violation of the freedom to work, committed by more than one person, by abusing the power derived from public office” (TCK 119/1-c, 119/1-e).

Criminal complaint against defendant police officers

Addressing the court during the hearing, Kural said she upheld her complaint and requested sentencing for the officers. Kural’s lawyer Meriç Eyüboğlu reiterated their request that the defendants provide an additional defense statement as per the judgment of the Constitutional Court. Eyüboğlu said that the police officers had been convicted before, but the sentence had been deferred, adding: “The criminal records of the defendant police officers should prevent the court from forming an opinion that the defendants will not commit a crime again.”

Defendant police officer K.A. said there was “no evi̇dence” concerni̇ng himself i̇n the case file. “I was not the person who carried out the detention procedure,” the defendant said, requesting his acquittal.

Lawyers for the defendant officers argued that the elements of the crime had not formed and requested their clients’ acquittal.

Issuing its judgment at the end of the hearing, the court sentenced defendant police officers K.A., Y.Ş, and N.D. to a judicial fine of TL 9,000 each on the charge of “violation of the freedom to work and employment” and deferred the announcement of the sentences. The court also ruled to file criminal complaints with the Istanbul Chief Public Prosecutor’s Office against the defendant police officers on charges of “intentional injury” (TCK 86/2) and “preventing the exercising of the freedom of thought and belief” as requested by Eyüboğlu.

Background of the case

The three police officers Y.Ş., N.D. and K.A. attempted to detain Kural by handcuffing her behind her back and saying, “Nothing is like it used to be now, we’ll show you,” while she was covering a protest against the Council of Higher Education (YÖK) in Istanbul on 6 November 2015.

Kural filed criminal complaints against the officers over the detention attempt, but the prosecutor’s office decided not to prosecute. Kural’s lawyer then filed an individual application with the Constitutional Court, which ruled on 12 January 2021 that Kural’s detention constituted a violation of the freedom of expression, freedom of the press and prohibition of ill-treatment. The top court also ordered a new investigation to be launched against the police officers to remedy the consequences of the violations and also ruled that Kural be paid TL 15,000 in non-pecuniary damages.

Based on the Constitutional Court’s judgment, an indictment was filed against the three police officers on the charge of “violation of the freedom to work and employment” in 2021. Concluding the trial on 1 December 2022, the Istanbul 35th Criminal Court of First Instance sentenced all three defendant police officers to judicial fines of TL 6,000 for “violation of the freedom to work and employment.” The court deferred the announcement of the sentence for defendant N.D. The court divided the fine issued to defendants K.A. and Y.Ş. into 10 installments. Due to previous deferred sentences, the court did not defer the sentences for K.A. and Y.Ş.

The 23rd Criminal Chamber of the Istanbul Regional Court of Justice ruled unanimously in July 2023 to overturn the trial court’s judgment and ordered a retrial on grounds that the sentences issued to the defendant police officers should have been set at above the minimum penalty prescribed by the law. The court of appeals further stated that the deferral of the sentences in previous cases against K.A. and Y.Ş. had been ruled after the date of the crime in the present case and that the conditions for the deferral of the sentence should be re-examined.

The retrial of the defendant police officers began on 10 October 2023.