Ways to Seek Justice in Kayseri’s “State of Emergency”

bianet interviewed lawyers  Ergin Cinmen and Efkan Bolaç on the various bans related to Ali Ismail Korkmaz case. 

Earlier on this morning, Kayseri Governor’s Office issued a public demonstration ban as well as blocked coach busses to enter the city and required passengers to show their IDs. 

Police authorities, on the other hand, ordered a “search and confiscate order” for those who assembled around the courthouse to join the cause. 

Despite the public demonstration ban, thousands are still demonstrating around the courthouse during the trial. 

Cinmen: You can file a complaint 

There is no way to ban a non-violent and legal demonstration. There is no need for early consent for public gatherings and demonstrations. The constitution already includes specific expressions to guarantee this right. The European of Court Human Rights also has rulings favoring this situation. The court already convicted Turkey of violating this right. The Turkish state is still not following. 

“Postponing of public demonstrations and gatherings or other related rights are unlawful. 

“Demonstrators can file complaints against authorities and ask for damages. At the same time, they can also sue those who violated their rights. A local court order has nothing against this. If they are rejected from local courts, they can still take it to the Constitutional Court.”

Bolaç: The ban was de facto rejected 

“There is nothing lawful about this order. First of all, it restricts the freedom to travel. I have the right to go wherever I want, there is no way that a court or another authority can restrict this. 

“It is also unlawful for governor’s offices to ban public gatherings and demonstrations. Now it is being violated. People have the right to not follow such unlawful cases. People don’t follow the ban anyways. It is de facto rejected. 

“The search and confiscation order was issued in order to say ‘Don’t come to follow the case’. They seek to diminish the public attention on the case and legitimize their injustice by scheduling the hearing to a tiny courtroom.

“What are they trying to hide from us? Why did they reschedule the trial from Eskişehir to Kayseri? Why are they trying to organize hearings this way? They need to reply to those questions.” (BK/BM)