Kobani trial

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The Kobani trial (Turkish: Kobani Davası[1][2]) is a legal procedure during which politicians of the Peoples Democratic Party (HDP) are charged with causing the death of 37 people and wanting to disrupt the "unity and territorial integrity of the state" during the Kobani protests in October 2014. The protests erupted as the HDP demanded support from the Turkish Government against the Islamic State (IS) laying a siege against Kobani. The Turkish Government and the prosecutor argue that the HDP made such demands on orders of the Kurdistan Workers Party (PKK) which it sees as a terrorist organization. While the investigation into the protests began in 2014, the indictment was presented in December 2020 and the trial started in April 2021.

Background[edit]

In October 2014 protests in the Kurdish majority regions of Turkey erupted against the IS laying siege on the also predominantly Kurdish town of Kobani in Syria.[3] About 200'000 refugees entered Turkey from Syria.[3] Not satisfied with the approach to the siege by the Turkish Government,[4][5] the HDP called for protests against an eventual massacre in Kobani.[6] The protests were met with counter protests of the Free Cause Party.[3] The HDP has demanded an investigation into the protests in the Grand National Assembly of Turkey, but their requests were denied.[5]

Investigation[edit]

The legal investigation began in 2014,[5] but it was only in 2019 when the former Co-Chairs of the HDP Selahattin Demirtas and Figan Yüksekdag were questioned.[6] In September 2021 against several HDP politicians like the mayor of Kars Ayhan Bilgen, or the MPs Sırri Süreyya Önder and Ayla Akat Ata was ordered pre-trial detention.[7] In October the same year, the investigation was expanded to the imprisoned former MPs of the BDP Sebahat Tuncel, Aysel Tugluk[6] and Gültan Kısanak.[8] The indictment was presented on the 30 December 2021,[9] after the European Court of Human Rights ordered the release of Demirtas[5] on the 22 December 2021.[10] In April 2022 the prosecution expanded the investigation into the financial aspects of the Kobani protests and issued arrest warrants for HDP politicians for providing financial support to people affected by the protests.[11]

Indictment[edit]

On the 30 December 2020 the prosecution presented an indictment of more than 3500 pages[9] to a court in Ankara in which they charged 108 politicians of the HDP.[5] On the 7 January the court accepted the indictment.[12][13] The same month and based on this indictment, Devlet Bahçeli of the Nationalist Movement Party (MHP) demanded the closure of the HDP.[14] Other prominent defendants (beside the mentioned above) are Ahmet Türk, Emine Ayna, Ertugrul Kürkcü, Gülser Yildirim, Yurdusev Özsökmenler and Hatip Dicle.[15]

Trial[edit]

April – November 2021[edit]

In the first day of the trial on the 26 April, the lawyers of the defense walked out of the court room and the defendants refused to answer questions because some lawyers were not permitted to be present at the hearing.[16]

The second hearing took place on the 18 May. Demirtas questioned the fact that an indictment of over 3500 pages was able to be examined and accepted within less than ten days[15] or how a politician of the Nationalist Movement Party (MHP) was able to tweet about the proceedings of the court before the HDP or the press knew about them.[17] The HDP Co-chair during the protests Figen Yüksekdag assumed the prosecution had mixed up names, because a speech of Kamuran Yüksek was included into the case-file like one she gave herself.[17]

In the third hearing on 15 June,[18] the court ordered the release pending trial to four defendants including the former mayor of Kars, Ayhan Bilgen.[19] The three others were members of the executive council of the HDP at the time of the protests.[19] One of them had shared two social media posts on Facebook.[19] One was about Selahattin Demirtas and the other one was about a man who lamented his son was killed in service of the Peoples' Defense Units (YPG).[19]

In the fourth hearing, several HDP politicians questioned the evidence presented against them which were an incoming email from the Democratic Union Party (PYD) in Syria asking for help against the Islamic State, being present at an event of an election campaign ones coming from secret witnesses.[20]

In the fifth hearing the court ruled there would be no release for any of the imprisoned defendants.[21] The lawyers of the defense criticized that tweets already examined and approved as a lying within the human right of liberty of expression by the European Court of Human Rights where included in the case file and demanded longer intervals between the hearings.[21]

In the sixth hearing on the 8 November a new presiding judge replaced Bahtiyar Çolak, who had been dismissed after having felt unwell due to COVID-19.[22] The dismissal was criticized by the defendants' lawyers who following stated they would not attend further hearings of the trial as the process was unlawful[22] and the seventh hearing took five minutes as the lawyers and defendants boycotted the trial.[23]

February - April 2022[edit]

On the ninth hearing twelve imprisoned plaintiffs against the HDP politicians withdrew their former declarations in which they pressed charges against them.[24]

In the eleventh hearing of April 2022 a witness declared the statement he signed before a prosecutor in Antalya does not represent what he said at the time and that in Kobani people defended their democratic rights.[25]

References[edit]

  1. ^ "Kobanî davası: Boş salonda beş dakikalık duruşma". Bianet.
  2. ^ "Kobani Davası Haberleri - Son Dakika Kobani Davası Haber Başlıkları". Sabah. Retrieved 2022-04-15.
  3. ^ a b c "Kobani Protests in Turkey" (PDF). Amnesty International. 2015. Archived (PDF) from the original on 2021-10-07. Retrieved 15 April 2022.
  4. ^ Demirtas, Selahattin (2020-10-20). "The plot hatched against the HDP over Kobane". Gazete Duvar. Retrieved 2022-04-15.
  5. ^ a b c d e "The revival of the Kobane case". Gazete Duvar. 2021-05-20. Retrieved 2022-04-15.
  6. ^ a b c "Kobanê investigation: HDP's Tuncel, Tuğluk remanded in custody 'again'". Bianet. 13 October 2020.
  7. ^ "Kobani operation: Detention warrant against 82 people in 7 provinces". Bianet. 25 September 2020. Retrieved 15 April 2022.
  8. ^ "Kobani Investigation: Arrested politician Kışanak arrested again: 'She might flee abroad'". Bianet. 19 October 2020. Retrieved 2020-10-19.
  9. ^ a b Molu, Benan. "An analysis of the new indictment against Demirtaş in light of the Grand Chamber judgment - Expression Interrupted". www.expressioninterrupted.com. Retrieved 2022-04-15.
  10. ^ "Top Europe rights court orders immediate release of Kurdish politician Selahattin Demirtaş". Gazete Duvar. 2020-12-22. Retrieved 2022-04-15.
  11. ^ "Kobanî investigation | Detentions of 48 people extended for four days". Bianet. 15 April 2022.
  12. ^ "Turkish court accepts new indictment against former Kurdish leader -media". Reuters. Reuters. 2021-01-07. Retrieved 2022-04-15.
  13. ^ Freely, Maureen. "Selahattin Demirtaş: the trial of the man who wanted to be Turkey's president". OpenDemocracy. Retrieved 2022-04-15.
  14. ^ "Nationalist party leader calls on high court to file closure case against HDP - Turkey News". Hürriyet Daily News. Retrieved 2022-04-20.
  15. ^ a b "Selahattin Demirtaş: Erdoğan, Bahçeli and Soylu sit in the judge's seat". Bianet. 18 May 2021. Retrieved 15 April 2022.
  16. ^ Kucukgocmen, Ali; Butler, Daren (2020-12-30). "Turkish prosecutors indict Demirtas, others over Kobani protests - Anadolu". Reuters. Retrieved 2022-04-15.
  17. ^ a b "Erdoğan shadow judge in case against Kurdish politicians, says Selahattin Demirtaş". Ahval. 18 May 2021.
  18. ^ "Turkish court rules to release former mayor, 3 others in Kobani trial". Stockholm Center for Freedom. 2021-06-16. Retrieved 2022-04-15.
  19. ^ a b c d "Turkish court releases four HDP members, including former Kars mayor Ayhan Bilgen, in Kobane case". Gazete Duvar. 2021-06-15. Retrieved 2022-04-15.
  20. ^ "At trial, Kobane defendants say their constitutional rights violated, evidence inadmissible". Gazete Duvar (in Turkish). 2021-10-22. Retrieved 2022-04-15.
  21. ^ a b "No release in Kobanî trial". Bianet. 28 October 2021.
  22. ^ a b Söylemez, Ayça (10 November 2021). "'Holding the Kobanî trial without lawyers will make the entire trial extrajudicial'". Bianet.
  23. ^ "Kobanî trial: 5-minute hearing in an empty courtroom". Bianet. 6 December 2021.
  24. ^ "Kobanî trial: Statements reveal 'plaintiffs' don't know defendants". Bianet. 11 February 2022.
  25. ^ "Kobanî trial | Selahattin Demirtaş: The prosecutor was after a false statement". Bianet. 4 April 2022.
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