Put on trial over violence against journalist, police officer exempted from hearings

* Photo: RSF, Twitter

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Three police officers appeared before the judge in the trial over the violence against former bianet reporter Beyza Kural today (September 24).

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 second 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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Police officers requested exemption

The police officers on trial did not attend the hearing today. Reporters Without Borders (RSF) Representative to Turkey Erol Önderoğlu as well as Media and Law Studies Association (MLSA) and Journalists' Union of Turkey (TGS) representatives followed the hearing.

Defendant police officer N.D. requested being exempted from attending the hearings on the grounds that he was on duty at the Diyarbakır Provincial Security Directorate while the other police officer Y.Ş. raised the same request on the grounds that he was on duty abroad.

In response, Beyza Kural's attorney Oya Meriç Eyüboğlu requested that a written copy of the assignment letter of police officer Y.Ş. indicating that he has been on duty abroad be presented to the court.

As reported by the RSF, the judge of the İstanbul 3rd Penal Court of First Instance has accepted Y.Ş.'s request and ruled that his obligation to attend the hearings shall be lifted. The judge has also ruled that police officer N.D. shall attend the hearings via the Audio and Visual Information System (SEGBİS). The next hearing will be held on December 10, 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/NÖ/SD)