Judge of Kobanî case dismissed

The replacement of the presiding judge means a special court has been established for the Kobanî case, which is against the Constitution, the defense attorneys have argued.

İstanbul

Drawing: Ercan Altuntaş

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The first session of the sixth hearing of the Kobanî trial was held today (October 8) at the Ankara 22nd Heavy Penal Court, which is located in the Sincan Prison Complex.

Peoples' Democratic Party (HDP) deputies and members, as well as representatives from the diplomatic missions of Germany, the US, Italy, Sweden and the EU Turkey Delegation, attended the hearing.

☞ Some 108 members of the HDP, including former MPs, are accused of organizing the deadly "Kobanî protests" in Turkey's Kurdish-majority regions in 2014 by orders of the outlawed Kurdistan Workers' Party (PKK). They are facing aggravated life sentences on the charge of disrupting the integrity of the state.

The Council of Judges and Prosecutors (HSK) on November 4 removed the authority of Bahtiyar Çolak as the presiding judge of the 22nd Heavy Penal Court.

Giving statements at the hearing, defense attorneys said the HSK decision violated the "natural judge principle."

"Fundemantal rights were violated"

Attorney Aydın Erdoğan said, "The court board of this case was assigned to hear only one case. Therefore, you have been assigned for a different trial period than ordinary trial periods. Accordingly, not only the Constitution's natural judge principle but also fundamental rights regarding hearing days have been violated."

The HSK decision meant that a special court for this case was established, which is against the Constitution, said the lawyer. "Such a court cannot be established for a person or clients by appointing judges and prosecutors. This is against the independence of the judiciary."

"It was first said that the presiding judge was unwell due to Covid-19, then it was said he had a surgery, it was said it wasn't clear when he would return to office, and then he was dismissed.

"When it was said, 'It is not clear when he will return, we will continue the interrogation,' the hearing resumed as if they knew the presiding judge won't come back.

"The dismissal of judges and prosecutors is not only about their dismissal. Dismissal of a judge from a case is the abolition of the guarantees stipulated by the Constitution and the ECtHR in terms of the guaranty of being a judge.

"This is an objective fact that completely eliminates independence and impartiality. What is done to the court is an illegal interference that eliminated the guarantee of a fair trial."

From the Kobanî indictment

The Ankara Chief Public Prosecutor's Office prepared an indictment regarding the Kobanî protests that took place on October 6-8, 2014.

108 people, including the arrested former Co-Chair of the Peoples' Democratic Party (HDP) Selahattin Demirtaş, were among the "suspects".

The indictment seeks the punishment of all suspects on the charges of "disrupting the unity and territorial integrity of the state", "killing for 37 times, "attempted killing for 31 times", "burning the flag" and "violating the Law on Protecting Atatürk."

Prepared by the Terror Crimes Investigation Bureau of the Ankara Chief Public Prosecutor's Office, the indictment was sent to the Ankara 22nd Heavy Penal Court. The court accepted the indictment on January 7, 2021.

The names of all defendants: Figen Yüksekdağ, Sebahat Tuncel, Selahattin Demirtaş, Selma Irmak, Sırrı Süreyya Önder, Gülfer Akkaya, Gülser Yıldırım, Gültan Kışanak, Ahmet Türk, Ali Ürküt, Alp Altınörs, Altan Tan, Ayhan Bilgen, Nazmi Gür, Ayla Akat Ata, Aysel Tuğluk, İbrahim Binici, Ayşe Yağcı, Nezir Çakan, Pervin Oduncu, Meryem Adıbelli, Mesut Bağcık, Bircan Yorulmaz, Bülent Barmaksız, Can Memiş, Cihan Erdal, Berfin Özgü Köse, Günay Kubilay, Dilek Yağlı, Emine Ayna, Emine Beyza Üstün, Mehmet Hatip Dicle, Ertuğrul Kürkçü, Yurdusev Özsökmenler, Arife Köse, Ayfer Kordu, Aynur Aşan, Ayşe Tonğuç, Azime Yılmaz, Bayram Yılmaz, Bergüzar Dumlu, Cemil Bayık, Ceylan Bağrıyanık, Cihan Ekin, Demir Çelik, Duran Kalkan, Elif Yıldırım, Emine Tekas, Emine Temel, Emrullah Cin, Engin Karaaslan, Enver Güngör, Ercan Arslan, Fatma Şenpınar, Fehman Hüseyin, Ferhat Aksu, Filis Arslan, Filiz Duman, Gönül Tepe, Gülseren Törün, Gülten Alataş, Gülüşan Eksen, Gülüzar Tural, Güzel İmecik, Hacire Ateş, Hatice Altınışık, Hülya Oran, İsmail Özden, İsmail Şengül, Kamuran Yüksek, Layika Gültekin, Leyla Söğüt Aydeniz, Mahmut Dora, Mazhar Öztürk, Mazlum Tekdağ, Abdulselam Demirkıran, Mehmet Taş, Mehmet Tören, Menafi Bayazit, Mızgın Arı, Murat Karayılan, Mustafa Karasu, Muzaffer Ayata, Nazlı Taşpınar, Neşe Baltaş, Nihal Ay, Nuriye Kesbir, Remzi Kartal, Rıza Altun, Ruken Karagöz, Sabiha Onar, Sabri Ok, Salih Akdoğan, Salih Müslüm Muhammed, Salman Kurtulan, Sara Aktaş, Sibel Akdeniz, Şenay Oruç, Ünal Ahmet Çelen, Yahya Figan, Yasemin Becerekli, Yusuf Koyuncu, Yüksel Baran, Zeki Çelik, Zeynep Karaman, Zeynep Ölbeci, Zübeyir Aydar.

About Kobanî protests

In September 2014, ISIS, which controlled a large territory in Syria at the time, launched an offensive to Kobanî, a Kurdish town in northern Syria, near the country's border with Turkey.

In late September, a group of people went to Suruç, a town neighboring Kobanî in the predominantly Kurdish city of Urfa, and attempted to cross the border. Police prevented them, using tear gas and rubber bullets.

Pictures allegedly showing ISIS militia crossing into Syria were published on the same days.

Also, President Recep Tayyip Erdoğan made statements at the time, indicating that they equated the PKK with ISIS. While the wounded coming from Kobanî were kept waiting on the border, the wounded from ISIS were treated at hospitals, according to news reports. Several news reports were reported in the press, saying "Kobanî fell." These news reports were denied every time.

After the HDP made a call to take to the streets against a possible massacre in Kobanî, thousands of people protested in Kurdish-majority provinces as well as Ankara and İstanbul. While left parties also supported these protests, deaths also occurred with the onset of police violence. Street conflicts ensued. 42 people lost their lives from October 6 to 12, 2014.

According to a report by the Human Rights Association (İHD), 46 people died, 682 people were wounded and 323 people were arrested in the protests held between September 7 and 12, 2014. As reported by the AA, 31 people lost their lives, 221 citizens and 139 police officers were wounded.

(AS/VK)