Two imprisoned defendants have been released at the first hearing in the trial over the assault on journalist Yaman Kaya in Bursa. The trial has been adjourned until 2 October 2024

MELTEM AKYOL, BURSA

The first hearing in the trial of S.M. and Z. B., who allegedly fired on Başka Gazete Editor-in-Chief Yaman Kaya's car in Bursa, on the charge of “attempted murder” was held at the Bursa 6th High Criminal Court on 8 May 2024.

Bursa Bar Association President Metin Öztosun, Bursa Journalists Association Chair Nuri Kolaylı, Progressive Journalists Association Bursa Branch Chair Yüksel Baysal, Chamber of Architects Bursa Branch Second Chair Rahmi Dede and Reporters Without Borders (RSF) Turkey representative Erol Önderoğlu were at the Bursa Courthouse to monitor the hearing. The panel of judges only allowed two newspapers to observe the trial due to the small space available in the courtroom and the journalists who were not allowed into the courtroom were also not permitted to wait in the hallway outside. P24 monitored the hearing.

The prosecutor for the hearing presented an opinion for the release of the imprisoned defendants, given the state of evidence in the case file. The court ruled to release the two defendants and adjourned the trial until 2 October 2024.

Witness to be heard on construction profiteering relations

Speaking to P24 after the hearing, Yaman Kaya’s lawyer Dilan Firik Akkuş said that the four witnesses who were heard at the hearing had changed the statements they had provided at the investigation stage. Akkuş added that some witnesses had completely changed their statements and remarked, “However, witness testimonies are not sufficient by themselves. Other evidence that was included in the case file was ignored. Among these evidence, HTS records in the file show that the defendants were at the scene of the incident. The Numberplate Recognition System (PTS) examination report also includes this information, which matches fully with the HTS records. That Sedat M. got out of a vehicle and carried out the impugned action after waiting for about an hour at the scene of the incident has been clearly established. We objected to the court’s ruling during the hearing.” Akkuş added that they would file a criminal complaint against the witnesses.

During the hearing, the court heard defendants’ and witnesses’ statements. The panel of judges had decided that it was unnecessary to hear eight of the 12 witnesses in the case file. One of the witnesses the court decided not to hear is Ö.S. Ö.S., whom Z. B. met on the day of the incident, is in real estate. In their statement at the police station, Ö.S. had said that Z. B. acted as an intermediary between construction contractors and the municipality in Nilüfer district and received a commission.

Lawyer Akkuş said that the court had accepted their request to hear Ö.S.’s testimony.

“This ruling rewards gangs”

Akkuş made a short statement outside the courthouse and said that the evidence in the case file placed the defendants at the scene of the assault. Akkuş said, “We are unable to understand how the court could rule for the release of the defendants at the first hearing, with HTS records and PTS images showing that they carried out their action in complicity.

“The ruling to release the defendants actually rewards profiteering gangs. It supports an assault on a member of the press. This lends them strength to continue with their assault and we do not accept this. The next hearing is set for 2 October. We call on everyone to be here in solidarity.”

Background of the case

Başka Gazete Editor-in-Chief Yaman Kaya was the victim of an armed assault while driving his car on Fatih Sultan Mehmet Boulevard in Bursa on 13 November 2023. Kaya survived the attack unharmed, while the windows of his car were broken. Zülküf B. and Sedat M. were detained following the attack. The prosecutor requested the imprisonment of the two suspects on the charge of “attempted murder” but the court on duty released under house arrest. Subsequently, an arrest warrant was issued for the two suspects by the Bursa 3rd Criminal Court of First Instance on duty upon the objection filed by the prosecutor.