Keskin and Yarkın stood trial on charge of “denigrating the Turkish nation” over the Human Rights Association’s 24 April 2021 commemoration event

CANSU PİŞKİN, İSTANBUL

The third hearing in the trial of Human Rights Association (İHD) Co-Chair Eren Keskin and member of İHD’s Commission Against Racism and Discrimination Güllistan Yarkın on the charge of “denigrating the Turkish nation, the state of the Republic of Turkey, the Grand National Assembly of Turkey, the government of the Republic of Turkey and the judicial organs of the state” was held at the İstanbul 51st Criminal Court of First Instance. Keskin and Yarkın were on trial over a commemoration event held by the İHD in 2021, on 24 April, which is considered the anniversary of the Armenian Genocide.

Keskin, Yarkın and their lawyers for the parties were present at the hearing, which P24 monitored.

The prosecutor repeated their final opinion on the case presented at the second hearing on 26 March 2024, and requested sentencing for Keskin and Yarkın for the impugned crime.

Judge does not remove plainclothes officers from courtroom

Eren Keskin and his lawyer Jiyan Tosun stated that there were plainclothes police officers in the courtroom with the intent of intimidation and requested their removal.

The court stated that the hearings are open to all and refused Keskin and his lawyer’s request.

Delivering her defense statement against the prosecutor’s opinion, Keskin rejected the impugned crime and said the following: “What I said does not constitute the crime of insult. I am of the opinion that what happened in 1915, before the Republic of Turkey was founded, was genocide and the state of the Republic of Turkey continues this idea. Articles 9 and 10 of the European Convention on Human Rights are clear. Turkey has been convicted on the subject of genocide. Despite this, as there is no rule of the law, these types of court cases are being filed.”

Keskin’s lawyer Sercan Korkmaz said that the indictment and the opinion did not include legal arguments. Korkmaz said, “For a penal trial, there must be a perpetrator and an act by which someone is victimized. The genocide in question was imputed to the Ottoman State. Concepts in Article 301 of Turkish Penal Code (TCK) are not relevant to former states. No one is obliged to hold the official state view” and requested his client’s acquittal.

I have the same freedom as those who say ‘It is not genocide’

Jiyan Tosun, one of Keskin and Yarkın’s lawyers said, “We are of the opinion that TCK 301 is unconstitutional. This article is used according to the prevailing political atmosphere. The concept of freedom of thought includes not thinking like the state does and defending opinions which differ from the majority opinion. This is an attempt at creating a uniform society. We request the acquittal of our clients who exercised their freedom of expression against the official ideology of the state.”

Gülseren Yoleri, another lawyer for Keskin and Yarkın, also delivered a counter-statement against the opinion and said, “What is at issue here is a historical event and an assessment of this historical event. TCK 301 is a threat to all assessments which do not agree with the official view. This type of trial is an attempt at using the judiciary to bring pressure to silence rights advocates.”

Asked for her final statement, Keskin said, “I repeat my opinion that the events of 1915 were genocide. I think I have the same freedom as those who say ‘It is not genocide.’ I request my acquittal.”

In her final statement, Yarkın said, “In our press statement subject to trial, we said that genocide denial was becoming institutional. If we are sentenced, it will be another step towards it becoming institutional” and requested her acquittal.

The court ruled to separately acquit Keskin and Yarkın as the impugned action is not defined as a crime in the law.