Chaotic Start - No Releases

The hearing of the trial on the Revolutionary Headquarters terrorist organization was held before the Beşiktaş (Istanbul) 9^th High Criminal Court on Thursday (17 November). 57 defendants are involved in the trial, 14 of whom are detained. Among the defendants are members of the legal Social Freedom Party Initiative (TÖPG) and the Socialist Democracy Party (SDP). The hearing started at 2.30 pm with a delay of 4.5 hours and went on till 10.25 in the evening. Both the defendants and their lawyers were surprised about the outcome that none of the defendants was released pending trial.

Family members and friends of the defendants who came to the Beşiktaş Courthouse for support were not allowed onto the premises. Upon a court request, only first-degree relatives carrying the same surname as the defendant were allowed to observe the session.

It took a long time to sort out who was allowed into the court room because the police did not have according name lists for reference. Also relatives from other cities who just came to Istanbul in order to observe the hearing were affected by the restriction.

"We do not accept to be tried together with Hanefi Avcı"

Before the proceedings started, Cemal Bozkurt, executive head of the Revolutionary Headquarters Organization, asked for admission to speak.

After President Judge Nurettin Ak gave his permission, Bozkurt announced that he refused to be tried in the same court room as defendant Hanefi Avcı, former Chief of Police of Eskişehir. Bozkurt demanded to have Avcı removed from the court room.

A discussion developed when Judge Ak declared that he was not able to expel Avcı from the courtroom. He said that under these circumstances he had to remove Bozkurt from the courtroom instead.

Defendant Bozkurt replied, "We do not accept to be tried in the same room with a torturer. The Revolutionary Headquarters is not his trial. If you expel me from the court room, who are you going to prosecute in the Revolutionary Headquarters case? I will not leave, he will go. If he will not go out we will block this hearing".

Three defendants forced to leave the hearing

In the meantime, Hanefi Avcı asked to speak and said, "I can leave once I have presented my defence". The court president rejected that request and asked if anybody else was of the same opinion as defendant Bozkurt. Detained defendant Fatih Aydın declared that he agreed with Bozkurt.

After a brief intermission of ten minutes, both defendants were forced to leave the court room. The hearing started all over and only then detained defendant Ulaş Erdoğan announced that he did not accept to be tried in the same room with Avcı either.

"I do not want to be prosecuted together with a torturer either. What do we have to do with murderers?" Erdoğan claimed and turned to Avcı shouting, "Tell me, what are you doing here?"

Court President Ak offered Erdoğan to leave the room but the defendant refused, "The police forces are ready. I will not leave this court room on my own. This is not Avcı's trial. If you like, you can drag me out of this room".

Thereupon, defendant Erdoğan was removed from the courtroom by gendarmerie officers. Erdoğan shouted slogans while he was taken out and some observers in the audience applauded him.

No releases

Istanbul Public Prosecutor Kadir Altınışık presented the indictment before the remaining defendants started to present their defence speeches. They are being prosecuted on charges of "membership of an armed illegal organization" according to Article 314/2 of the Turkish Criminal Court (TCK) under the section of "Offences against the Constitutional Order and against the Function of this Order".

Article 314 TCK stipulates, "If two or more persons make a deal to commit any one of the offenses listed in fourth and fifth sections of this chapter by using suitable means, the offenders are sentenced to imprisonment from ten years up to fifteen years, depending on the quality of offense. (2) Those who enlist to the organized criminal group defined in the first subsection are sentenced to imprisonment from five years to ten years. (3) Other provisions relating to the offense committed by forming organized criminal groups are applied exactly the same for this offense.

The court board listened to the defence speeches of defendants Tuncay Yılmaz, İbrahim Turgut, Özgür Dinçer, Özgür Aytulum, Selda Başusta Çalık, Osman Baha Okar, Semih Aydın, Hakan Soytemiz, Necdet Kılıç, Necdet Öztürk, Hanefi Avcı and their lawyers until 9.30 pm.

After an intermission, the court board announced at 22.25 pm that none of the defendants were going to be released pending trial. The court board requested to hear the plaintiff parties at the coming session which was set for 6 February 2012.

At the previous hearing on 13 August, customs civil servant Engin Öncü, SDP Chairman Rıdvan Turan, deputy chairs Günay Kulibay and Ecevit Piroğlu, party members Ulaş Bayraktaroğlu and Özgür Cafer Kalafat, unionist Kemal Hamzaoğlu and Oğuzhan Kayserilioğlu were released pending trial. (IC/VK)