‘Justice is a matter of personality for all of us’

* Photo: People's Law Bureau

Click to read the article in Turkish

In the court case against the lawyers from the Progressive Lawyers Association (ÇHD) and the People's Law Bureau (HHB), the court rejected the requests for release yesterday (September 15).

Selçuk Kozağaçlı, one of the lawyers standing trial, made his defense about the witness of the case known as the "permanent witness" and first reported by bianet. Kozağaçlı reminded the court board about the application of İ.Ö. himself, indicating that he is not mentally stable, and said that they are now behind bars on the basis of such a person's statement.

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'Don't say flight risk, it offends me'

Taken to the hearing today, arrested lawyers Selçuk Kozağaçlı, Barkın Timtik, Oya Aslan abd Özgür Yılmaz made statements.

As reported on the ÇHD's social media account, Kozağaçlı said:

"There is no risk of flight or hiding in my file; it is a lie. Don't say risk of flight or hiding; it offends me. A court board which was there for only 28 days said that there was no risk of flight or hiding, but there were reasons for arrest. I was very happy about this and spent those 28 days at peace.

"We requested recusal at the İstanbul 37th Heavy Penal Court. But what did the judge do? The due legal procedure is obvious, but the judge moved on as if nothing had happened and gave a ruling.

"And the Court of Cassation just concluded that the due procedure was not abided by, but our request for recusal was not very good, either.

'No digital materials, evidence'

"You did not take my statement about the file that was combined with the file at the 37th Heavy Penal Court. You request an opinion as to the accusations from the prosecutor in spite of this. This is an absolute reason for overturning the ruling. But let me relieve you of this trouble. My statement is the following: I am innocent. I have just given this statement for this file.

"They are talking about digital materials as evidence against me. And I say that this evidence does not exist. They are not physically there. We say, 'Bring them, then.' But they have been unable to do so for years, because there is no such evidence. The police say that these digitals exist. You also say that they exist. And I say that you are lying.

'Witness diagnosed with paranoid schizophrenia'

"I want to talk about the witness. He has been diagnosed with paranoid schizophrenia. He tried to kill his mother and sister. The witness cut her arms with a razor blade, tried to kill the commissioned officer and launched an armed attack. This witness, who says, 'I use cocaine and all', thought that an officer was a monster and tried to kill him.

"This witness is crying out that he is schizophrenic. He uses dozens of heavy medications. This witness is a witness at 141 separate files. This man uses heavy medications and drugs. If you give one medication less to this witness, he will say, 'I am an organization member.'

"Why will I sleep at peace? Do you know why, Mr. Presiding Judge? Because each lawyer who will leave this courtroom will say that they have understood what kind of a person the witness who caused the trial and imprisonment of Selçuk Kozağaçlı and his friends was."

'I won't request release from you'

Arrested lawyer Barkın Timtik also said:

"I will not make a request for release from you, because you have to release me. I will not request release from you today, because since the day you were appointed to handle this file, we have not seen legal rulings. That is why I will not make a request for release from you today.

"I don't watch TV series much but a few days ago I saw a series called 'Şahsiyet' (Persona). There was a saying, 'Justice is a matter of personality, it is a matter of personality.' The justice demanded by [hunger striking late] lawyer Ebru Timtik was a matter of personality for all of us."

Rejecting the request for release of the defendant lawyers, the court board has adjourned the trial until November 17, 2021.

What happened?

In the trial of lawyers from the Progressive Lawyers' Association (ÇHD), the court announced its ruling on March 20, 2019 and gave prison sentences ranging from 18 years, 9 months to 3 years, 1 month, 15 days. The 2nd Penal Chamber of the İstanbul Regional Court of Justice rejected the objections in October 2019 and sent the file to the Court of Cassation.

The Chief Public Prosecutor's Office of the Court of Cassation expressed the opinion that over 159-year prison sentences of all lawyers, except for the one given to lawyer Barkın Timtik, be upheld.

The letter of notification only indicated that the prison sentence of 18 years, 9 months given to Barkın Timtik for "establishing and leading an organization" as per the Article 314/1 of the Turkish Penal Code (TCK) should be overturned and he should also be penalized for "membership of an organization" like other lawyers.

The letter of notification issued by the prosecutor's office was sent to the 16th Penal Chamber of the Court of Cassation.

ÇHD executive lawyer Ebru Timtik and ÇHD member lawyer Aytaç Ünsal went on a death fast in prison for their right to a fair trial. They were referred to hospital on July 30, 2020. Timtik lost her life on August 27 on the 238th day of her death fast. Ünsal ended his fast, he is now in treatment.

The Court of Cassation upheld all sentences, except for the ones given to lawyers Barkın Timtik, Selçuk Kozağaçlı and Ezgi Çakır.

Prison sentences upheld by the Court of Cassation on September 15, 2020:

Özgür Yılmaz: 13 years, 6 months

Behiç Aşçı: 12 years

Şükriye Erden: 12 years

Engin Gökoğlu: 10 years, 6 months

Aytaç Ünsal: 10 years, 6 months

Süleyman Gökten: 10 years, 6 months

Ayçan Çiçek: 9 years

Naciye Demir: 9 years

(AS/SD)