Propaganda Trial for Hopa Protestors

Seven people who were arrested in the course of unrests before and after Prime Minister Recep Tayyip Erdoğan's visit to Hopa in June this year are now being tried in Erzurum under allegations of "spreading propaganda for an illegal organization". The defendants stand accused of "making propaganda for the Turkey's People's Liberation Party-Front (THKP-C). Erdoğan had visited the city on the eastern Black Sea coast during the run-up to the general elections.

The reasons given in the four-page indictment are slogans, marches, banners and raising the left fist. In the previous ruling, the prosecutor had written that the defendants "had no connections to an illegal organization".

Lawyer Gülşen Uzuner, Secretary General of the Contemporary Lawyers Association (ÇHD) Ankara Branch, told bianet, "The people of Hopa are being punished because they defended their right to life and their right for water and because they have revolutionary opinions".

Hundreds of people demonstrated against hydroelectric power plants in Hopa (Artvin) on 31 May, the day of Erdoğan's rally in the city. 54-year old retired teacher Metin Lokumcu died of a heart attack when the police intervened against the demonstrators with the massive use of tear gas. Police officer Servet Erkan was injured when he fell off a vehicle.

A total of 36 people were arrested in Hopa, Ankara, Istanbul and Izmir during protests against Lokumcu's death and the police intervention. Only in Hopa 14 people were arrested, seven of whom are now on trial under Article 7/2 of the Anti-Terror Law (TMK) related to propaganda for an illegal organization.

The indictment prepared by Special Authority Public Prosecutor Rasim Karakullukçu was accepted this Wednesday (24 August). It demands prison sentences of between one and three years each for defendants Ali Aksu, İbrahim Aksu, Görgü Demirpençe, İdris Akbıyık, Erhan Köse, Şafak Ustabaş and Önder Öner. The first hearing before the Erzurum 4^th High Criminal Court is set for 14 September.

The indictment mentions that the legal action started upon the statement of the Artvin Provincial Police Anti-Terror Branch Directorate claiming that "the incidents in Hopa were organized by illegal left-wing organizations". It is furthermore said that members of the legal organizations of the Freedom and Solidarity Party (ÖDP) Hopa District Organization, the Socialist Party of the Oppressed (ESP) and the Community Centres gathered to protest the rally of PM Erdoğan.

It is put forward that the demonstrators attacked the police with clubs. After explaining the rationale for the intervention, the indictment emphasizes that the group shouted the slogan "Mahir, Hüseyin, Ulaş - war until the liberation".

The other reasons for the alleged offence are listed as chanting the "Gündoğu March"; posting certain banners and shouting slogans during the demonstration and at the funeral of Lokumcu; covering his coffin with a flag "supposedly belonging to the THKP-C Revolutionary Path terrorist organization"; "raising their left fists" during a minute's silence in commemoration of Lokumcu at his funeral and "organizational speeches" of ÖDP Chair Alper Taş and independent MP candidate Birsen Kaya.

Two files for one incident

Lawyer Uzuner pointed out that a group of people including the defendants of the trial on subject were in detention in the context of the investigation launched in Hopa. They were arrested under allegations of "resistance against the police, preventing the police from carrying out their duty, harming public property and opposing the law on meetings and demonstrations". However, they are now being tried in the scope of a separate case in Erzurum. Uzuner drew attention to the lawlessness of the process.

The lawyer underlined that the offences imputed to the defendants in the investigation in Hopa did not require an arrest warrant. He reminded that Prosecutor Karakullukçu decided for lack of jurisdiction regarding "membership of an illegal organization" on 8 August.

Uzuner explained, "No indictment has been prepared yet for the investigation run in Hopa which does not include a crime pertaining to the jurisdiction of a special authority court. A confidentiality decision has been issued for both files. We were not able to review the file. We are trying to prepare a defence by guessing the offences and evidence. It should not create any trouble to voice demands for democratic rights with slogans, marches, Turkish folk songs or by mourning. We expect [the defendants'] acquittal in the scope of using this freedom". (AS/VK)