The Bar Human Rights Committee of England and Wales and ARTICLE 19 submit expert opinion on international human rights law and the right to protest; trial adjourned until 23 March 2022

The third hearing of a trial in which 46 people who were detained during the banned 700th protest by the Saturday Mothers are charged with “violating the Law No. 2911 on Assemblies and Demonstrations” was held at the Istanbul 21st Criminal Court of First Instance on 24 November 2021.

P24 monitored the hearing, which began two hours and 15 minutes later than scheduled. The defendants, defense lawyers, spectators and press members waited inside the packed courtroom for more than two hours for the judge overseeing the trial to arrive.

The judge did not make any explanations regarding the delay. When defense lawyers demanded an explanation, the judge rejected their requests, saying there was no provision stipulating that a judge provide an explanation for delaying a hearing in the Criminal Procedure Code (CMK).

Defense lawyer Metin İriz reminded the judge that the court has still not ruled on the recusal motions submitted during the previous hearing and said that the case should be adjourned until a ruling on the recusal motion is rendered.

Citing numerous violations of the CMK by the court and the lack of conditions for a fair trial, the defense lawyers demanded the recusal of the judge from the case. The court rejected the requests.

Defense lawyers objected, saying the court’s conduct is against the rule of law, that the judge is biased and not impartial and demanded the recusal of the judge once again. The court rejected all requests. Ruling to issue arrest warrants for 10 defendants who could not attend the hearing, the judge adjourned the case until 23 March 2022.

Ahead of the hearing, the Bar Human Rights Committee of England and Wales (BHRC) and ARTICLE 19 submitted an expert opinion to the court pursuant to Article 67/6 of the CMK. The expert opinion stated that there were serious concerns that the interferences with the defendants’ right to engage in a peaceful assembly have been motivated by a desire to suppress the message of their protest, contrary to both Articles 11 and 18 of the European Convention on Human Rights.

The full text of the expert opinion can be accessed here.