Çanakkale 1st Assize Court acquitted a 13 year old defendant who was charged with writing
“Government Resign” and Death to Fascism” on the wall during Gezi Resistance protests in the northwestern province of Çanakkale.
Acquitted on the second hearing of the trial, the boy was charged with “property damage”.
The minor defendant attended the hearing this afternoon as the court ordered on January 10. The court, in return, ruled on a confidential trial, evicting all spectators in the courtroom. The hearing was only attended by the family and attorneys.
“Those who prosecuted my son must be tried”
Advocate Sabri Kuşkonmaz requested the immediate acquittal of his client, saying that he must not make a statement and current evidence could no way convict him of any charges.
Judge Dilek Özben Buluç, on the other hand, ruled the defendant to make a statement in order to determine his eligibility for criminilization.
The minor defendant made the following statement:
“On the day of the incident, I went to the demonstration and saw that somebody was spraying the walls. I admired that, did the same. I didn’t know that it was a crime.”
Tamer İ., the defendant’s father, said the following: “I feel annoyed that they launched a prosecution against my son. I would like this case to end immediately and see those who prosecuted my son standing trial.”
In addition to the statement, a social worker also testified that the defendant was not elligible for criminalization.
“Not a crime, but freedom of expression”
Following the statements, the family and attorneys were ordered to leave the courtroom.
Advocate Kuşkonmaz informed that the charges that the minor defendant was facing had no criminal definition and they requested for acquittal.
Advocate Halis Yıldırım also added that what the child was part of his freedom of expression.
The court also ordered to acquit the child according to Turkish Penal Code 312.(AS/BM)