Journalist Sinan Aygül, who is on trial for “insulting” assailants in Tatvan rejects the plaintiff withdrawing their complaint. The trial was adjourned until 5 June

ARDIL BATMAZ, BİTLİS

The first hearing in the trial of Bitlis Journalists Association Chair Sinan Aygül on the charge of “insult” was held at the Tatvan 1stCriminal Court of First Instance on 8 May 2024. Aygül is on trial for “insulting” Tatvan Mayor Mehmet Emin Geylani’s bodyguard Yücel Baysalı, after being attacked by the mayor’s two bodyguards, one of whom is a police officer.

Sinan Aygül and his lawyers, as well as plaintiff Yücel Baysalı and his lawyer were present at the hearing, which P24 monitored. Human Rights Foundation of Turkey Van representative Sevim Çiçek and Human Rights Association (İHD) Bitlis Office also monitored the hearing.

“I have lost my faith during this trial”

Delivering his defense statement following identification, Aygül said that he had been tried at specially authorized courts in the past and spoke as follows: “I would like to tell you about the state to which you have brought someone like me who defends the people’s rights, public property and the public interest. At the time I had said someone should act as a guard for justice. At the time I had faith, but I have lost my faith during this trial. Therefore, I do not want to present a defense on the merits of the case.”

One of Aygül’s lawyers, Diyar Orak, described the stage of the trial as a “legal anomaly.” Orak said that the court had made up its mind before the hearing, and added, “What we must do now is to try and change a ruling the court passed previously using the simple trial procedure. I do not know how successful we will be. We had listed the errors of merit and procedure and asked the court to recuse itself, but our request was rejected.”

Reminding the court that Aygül was attacked after he had reported on corruption in Tatvan, lawyer Orak went on as follows: “We used to see the violence inflicted by the American police on black citizens and we would be aghast. We now see that even worse happens in Turkey.” Lawyer Orak said that Aygül had provided a statement to the Tatvan Directorate of Security after the assault and confirmed that he had used an insulting expression in the press statement he delivered afterwards, and continued, “My client called on the crowd outside the police station to stay calm in the face of the bodyguard saying ‘We will kill him’ and prevented the incident from escalating. And it is my client on trial and the perpetrator is with us in the same courtroom. We are ashamed of having to present a defense over this. This amounts to saying, ‘If you report on corruption, we will beat you up in plain daylight and then we will put you on trial.’ My client did insult, but there is an article of the law which protects him, which we want applied.”

Lawyer İsmet Eker, who said that Aygül stood to receive a graver sentence than those who had assaulted him due to a few words said in anger referred to the problems with the trial: “We did not even think a case would be filed. Had the person in question had any shame, they would not even have filed a complaint. When the case appeared before you, it should have been concluded with an acquittal, but here we are. My client stands to receive a graver sentence than the people who put him in this situation because of a few words he said in anger. We stand with Mr. Aygül to mark this point in history and to stay on the correct course. We are at a point when we will not just ask for the recusal of judges but of the entire courthouse. Please see our vexation as truly sincere and avoid repeating the mistake.”

Speaking afterwards, plaintiff Yücel Baysalı said he was withdrawing his complaint. Upon Aygül stating, “I reject the withdrawal of the complaint. I want the trial to continue and the stain on this court to be removed,” the court ruled to issue a writ to the Tatvan Directorate of Security to clearly establish the date and time of the press statement Aygül made there. The trial was adjourned until 5 June 2024.

Background of the case

An indictment against Sinan Aygül on the charge of “insult” was filed on 21 November 2023 over the allegation that he had insulted bodyguard Yücel Baysalı of Tatvan Mayor Mehmet Emin Geylani, after he had been assaulted by the mayor’s two bodyguards. The indictment filed by the Tatvan Chief Prosecutor’s Office was admitted by the Tatvan 1st Criminal Court of First Instance. The court ruled to hold the trial using the “simple trial procedure,” as it came under the provisions of article 251 of the Code of Penal Procedure.

The court concluded the trial using the “simple trial procedure” on 9 January 2024 and sentenced Aygül to 65 days of imprisonment for the impugned crime of “insult.” Upon Aygül and his lawyer’s complaint, a retrial with hearings began.

* Article 251 of the Code of Penal Procedure: For crimes that stipulate an administrative fine and/or a maximum imprisonment sentence of two years or less, penal courts of first instance may decide to apply the simple trial procedure upon accepting the indictment.