Boğaziçi exhibition case | Witness: ‘The work was unholy in Islam’

* Photo: Ozan Acıdere

Click to read the article in Turkish

The second hearing was held in the trial of seven students who are facing charges because an image of the Kaaba and LGBTI+ flags were used together in an artwork and the related work was "laid on the ground" in an exhibition held at the South Campus of Boğaziçi University in İstanbul as part of the protests against Melih Bulu, the appointed rector of the university.

The trial continued at the İstanbul Courthouse in Çağlayan yesterday (July 5). The hearing was followed by lawyers from the Progressive Lawyers Association (ÇHD) İstanbul Branch, Esra Mungan and 12 academics from Boğaziçi and the students who came to support their friends.

The lawyers of the case Özge Tokgöz, Mümtaz Yurtsever, Levent Pişkin, Doğuşcan Aydın Aygün, Burçin Şahan, Hatice Demir, Onur Sezen, Arkın Hürtaş, Ayşe Özdemir, Ezgi Önalan and Oğuz Mescioğlu arrived at the courtroom and the hearing started at 3.30 pm.

As the first witness, Boğaziçi University Security Branch Acting Director and Turkish Education Union (Türk Eğitim-Sen) Vice Chair A.Ç. was heard. He said he did not see the picture being hung. But, he previously signed the minutes as a witness who had seen the ones hanging the picture.

Witness A.Ç. said, "I didn't see who hung the work, I wasn't there."

Lawyer Levent Pişkin responded, "Don't you know that it is a crime to sign the minutes about an incident that you did not see?"

The lawyers of the defendants presented a picture of the security guard who hung the picture on the board. A.Ç. rejected the evidence suggesting that they themselves hung the related picture.

Undue identification

The judge wanted the second witness F.K. to identify the students standing trial. The lawyers objected as it was an undue procedure.

However, the identification continued and F.K. alleged that defendants D.D. and S.C.U. were the ones who hung the picture.

Witness F.K. also claimed that defendants H.K. and S.B. stated, "We are not removing the picture, we have the responsibility. If there is anyone complaining about this, you can direct them to us."

The lawyers indicated that the minutes of identification were added to the case file in an undue manner. 

While the lawyers were asking the witnesses questions, the presiding judge frequently interfered, shouted at the lawyers, "shook his finger" at them.

Witness: The picture disturbed me

Witness F.K. said that "because it was unholy in Islam and upon the complaint made about the work, an intervention was made." But he did not answer the lawyers' question as to based on what job description he did so. 

The lawyers asked, "How dare you wanted this to be removed, thinking that it was unholy in Islam? What right do you have to do this?"

The witness answered, "Everyone who lives Islam knows this. It disturbed me, it was wrong. So, we want it to be removed."

F.K. did not answer the question as to the expression of "LGBT-signed work" that he added to the minutes.

Inconsistent statements

In his previous statement, witness F.K. said that when he saw the works, they were pinned on the boards. In his statement yesterday, F.K. said that "the students hung the pictures and he saw them."

While the hearing was ongoing, lawyer Levent Pişkin requested recusal on the grounds of the judge's shouting at the defense counsels in a loud voice, shaking his finger at them, directing the witnesses and carrying out an identification in a manner contrary to the law.

Following the recess, the court board rejected the request for recusal. The hearing has been adjourned until November 17.

Speaking after the hearing, lawyer Akın Hürtaş said:

Today, at the 21st Penal Court of First Instance, two security guards were supposed to take the witness stand. We requested recusal because of the judge's directing and reactions against the lawyers about maintaining the discipline at the hearing. This request of ours has been rejected. The case will now be sent to a heavy penal court.

'They must be put on trial'

Boğaziçi University student and defendant D.D. said:

"Our trial was not finalized today, either. We have been resisting for six months. We will continue resisting. In the beginning of the resistance, the government called us 'terrorists' and 'deviants'.

"If someone comes up and shoots us in this process, saying 'these students are traitors', I don't think anyone can bear the responsibility for this. The ones bringing these accusations against us are the culprits; they must be tried.

We know that there is no democracy in Turkey. If there was, Melih Bulu would leave office while 70 percent of the country supports the Boğaziçi resistance.

"Over half of the country wants a snap election, but we live under dictatorship. We are not afraid of saying this. We will struggle to the end for this reason. We call on our people to support us."

(MEÖ/DŞ/SD)