Police officer makes defense: I am the bottom of the hierarchy

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Three police officers appeared before the judge in the trial over the violence against former bianet reporter Beyza Kural today (June 23).

Inflicting violence on the journalist during a news follow-up at a protest demonstration in İstanbul, telling her, "Nothing is the same anymore, we will make you learn it," the three officers from the security department had their first hearing at the İstanbul 3rd Penal Court of First Instance.

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Defendant police officer K.A., N.D. and Y.Ş. are charged with "violation of right to work and labor" as per the Article 117/1 and 119/1-e of the Turkish Penal Code (TCK) over the violence against Kural.

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At today's hearing, the defendant police officers made their defense. 

Defendant Y.Ş. said, "I am the bottom of the hierarchy. The remarks I uttered were uttered due to the terror incidents we were going through that year. They were not against Beyza Kural. I definitely didn't drag her."

Kural's attorney Meriç Eyüboğlu responded by noting that after Beyza Kural said, "I am from the press", defendant Y.Ş. turned to her and said, "Nothing is the same anymore, we will make you learn it."

'I showed by card, stating I was a journalist'

Taking the floor at the hearing, Beyza Kural said that while she was doing news follow-up, a police officer came to her and asked her whether she was a journalist. After Kural confirmed, the officer left.

As reported by Reporters Without Borders (RSF) and Punto24 Case Monitoring, Kural stated at court, "While I was filming a student who was forced to lie on the ground by the police, a couple of plainclothes police officers came to me again and I was taken away from the students by being pushed forcibly. I showed my card by stating that I was a journalist. In the meantime, I had my camera on my neck, still filming."

Allegation of 'I didn't know she was the press'

Defendant Y.Ş. argued that he did not know Beyza Kural was a press member. In response to this, Kural's attorney Meriç Eyüboğlu reminded the defendant of the video footage captured during the intervention, indicating that in the related footage, Kural was holding her press card and saying, "I am a journalist." The police still said that "no cards were shown to him."

Defendant police officer K.A. also said that Beyza Kural was not among the protesters. In response to this, attorney Eyüboğlu asked, "So, you knew that she was not a protester?" K.A. answered, "I knew it, but I also knew that she was resisting." When Eyüboğlu asked, "What does it mean," the defendant said that he would not answer the question.

Accusations of threat, battery rejected

In her statement, Beyza Kural's attorney Meriç Eyüboğlu said: 

"There is an inelaborate indictment. By putting himself in the position of the government, the defendant intervenes against a journalist fulfilling her duty. There is a medical report documenting the battery.

"How could a person who had been repeating from the very beginning that she was a journalist be treated like this? Their additional statements as to threat and battery must be taken."

The prosecutor of the hearing said, "The discretion rests with the court" in response to the request for extending the investigation. The court board has rejected the request for taking the defendant police officers' statements as to threat and battery on the grounds that the indictment does not cover this issue. The next hearing has been scheduled for September 24, 2021.

What happened?

On November 6, 2015, police tried to take the then bianet reporter Beyza Kural into custody by handcuffing her behind her back while she was covering the protests against the Council of Higher Education (YÖK) in Beyazıt, İstanbul. Trying to take the journalist into custody, the police officer shouted, "Nothing is the same anymore, we will make you learn this." With the intervention of other reporters, Beyza Kural was released.

Kural filed criminal complaints about the incident, but they ended in non-prosecution. Her objections were also rejected by courts on the grounds that "the police did not exceed their right to use force."

With her complaints and applications remaining inconclusive, Kural made an application to the Constitutional Court via her lawyer Eyüboğlu.

The Constitutional Court has concluded the application of former bianet reporter Beyza Kural, who was subjected to police violence during news coverage. The Court announced its detailed ruling on February 18.

The Constitutional Court has concluded that the prohibition of treatment incompatible with human dignity guaranteed by Article 17 of the Constitution, freedom of expression guaranteed by Article 26 and press freedom guaranteed by Article 28 of the Constitution have been violated.

The top court has also ruled that a new investigation shall be launched so that the consequences of the related rights violations can be eliminated. Kural will be paid 15,000 lira in non-pecuniary damages.

A lawsuit has been filed against three police officers from the security department who inflicted violence on journalist Beyza Kural. (AS/SD)