The court rejects requests for extension of inquiry and immediate acquittal

CANSU PİŞKİN, İSTANBUL

The third hearing in the trial of 20 relatives of disappeared people, who were obstructed and detained at the 950th week of the Saturday Mothers/People’s protest on suspicion of “violating the Law 2911 on Meetings and Demonstrations” was held at the İstanbul 39th Criminal Court of First Instance on 7 June 2024.

Defendants Besna Tosun, Sebla Arcan, Selvi Gülmez, İrfan Bilgin, Mikail Kırbayır, İkbal Eren and defendants’ lawyers were present at the hearing, which P24 monitored. The hearing was held in the courtroom of the İstanbul 27th High Criminal Court, as the 39th Criminal Court of First Instance’s courtroom was too small.

“I did not commit a crime; I exercised my constitutional right”

Following identification, the court heard defendant Selvi Gülmez’s defense statement. Gülmez said, “We did not commit theft or anything. They put us in handcuffs, they detained us. The police consider us their enemy.”

In her defense statement, disappeared person’s relative Besna Tosun said that their every attempt at holding a press statement at Galatasaray Square was prevented through police violence and banned despite the Constitutional Court ruling for a violation. Tosun spoke as follows:

“Although I am the witness of a crime against humanity, I am appearing before a court for the third time. Those who disappeared my father have not been tried in 29 years, those who ordered his disappearance have not been put on trial. The police commander who placed six handcuffs on my wrist and tortured me in the middle of the street has not been tried and is still on duty. Yet, I am being tried today once more because I want to learn what happened to my father and want to see those who disappeared him account for their actions in a fair trial. Had my father’s fate been disclosed, had the perpetrators been tried and justice served, neither I nor other relatives of disappeared people would gather at Galatasaray Square for 1001 weeks. And we would not have been on trial here. Despite the Constitutional Court’s violation ruling, each time we tried to hold a press statement at Galatasaray Square between 8 April and 11 November 2023, we were prevented through police violence. Although there being no element of crime according to the current law, we were unlawfully detained 29 times and 29 investigations were filed against us. While 28 of the investigations ended in a decision not to prosecute, this case was filed over for week 950, which took place under exactly the same circumstances. I will not stop looking for my father or demanding justice be served.”

In her defense statement, defendant Sebla Arcan mentioned the rights violation ruling of the Constitutional Court dated 10 June 2023 and said, “We wanted to hold a press statement at Galatasaray Square, using our constitutional right. However, the police had encircled the square with barriers and surrounded us with shields as we approached. There was an announcement for us to disperse, but there was no exit path through which we could. Although we did not resist of detention in any way, we were all put in handcuffs before being placed in the vehicle. I did not commit a crime and I exercised my constitutional right. I reject the charges against me. As required by the Constitutional Court ruling that is binding on this court, I request our immediate acquittal.”

A disappeared person’s relative İrfan Bilgin argued that it should be those people, who detained them for exercising their constitutional right and overrode the Constitutional Court ruling, that should be on trial: “Despite the Constitutional Court ruling, for 29 weeks we were encircled at İstiklal Avenue, before even making it to the square, detained and forcibly placed in busses and released in the evening without even appearing before the prosecutor. So, we are not in a position to offer defense statements. This is because we families do not accept that we committed any crime. Those who should be on trial are the people ordering the detentions and those carrying out the order. This is because those who override the Constitutional Court ruling and prevent us from enjoying our most basic democratic right have committed a crime.”

Lawyer Several Ballıkaya, who represents defendant Sebla Arcan, said, “Unless you are going to rule for immediate acquittal today, I request an extension of inquiry.” Lawyers for the other defendants spoke in turn and repeated their request for immediate acquittal.

The court ruled to have defendants who have not yet provided a defense statement be brought in at the next hearing and rejected requests for the extension of inquiry and immediate acquittal.

The trial was adjourned until 4 October 2024.