'Holding the Kobanî trial without lawyers will make the entire trial extrajudicial'

* Photo: HDP Press

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In the Kobanî trial, the defendants and their lawyers have announced that they will not attend the hearings to protest the failure to hold a fair trial.

Peoples' Democratic Party (HDP) Law and Human Rights Commission member and lawyer Züleyha Gülüm has spoken to bianet and said that no trial can be held in terms of procedure in such a case.

The trial over the "October 6-8, 2014 Kobanî protests" is held at the Ankara 22nd High Criminal Court in the capital city; there are 108 defendants, 21 of whom are arrested, including former HDP Co-Chairs Figen Yüksekdağ and Selahattin Demirtaş, Democratic Regions Party (DBP) former Co-Chair Sebahat Tuncel and HDP's Central Executive Board members.

'Trial in these conditions is unacceptable'

Commenting on the fate of the trial without the participation of the defendants and their lawyers, Züleyha Gülüm has said:

"A trial without lawyers cannot be the case. The defense must be present at the hearing. This is a case where lawyers must be present, both legally and in terms of procedure.

"The trial cannot continue in these conditions. The court might have the right to assign a new lawyer, but lawyers have not withdrawn from the case.

"But if the court wants to keep holding a totally unfair trial, as it has been the case so far, it can continue hearing the case without lawyers. But a trial without lawyers will be a trial just for the show of it.

"In terms of procedure, holding the trial without lawyers in a case where the presence of the defense is obligatory will make the entire trial extrajudicial."

Presiding Judge dismissed

At the hearing held on November 8, 2021, the court board announced that the Presiding Judge of the Ankara 22nd High Criminal Court Bahtiyar Çolak had been dismissed by the decision of the Council of Judges and Prosecutors (HSK) dated November 4, 2021.

Çolak has not yet been appointed to another position.

Court board member Yıldıray Kaya has been appointed in place of Çolak. With the same decision, Murat Dönmez from the Ankara 23rd High Criminal Court has been appointed to Kaya's position.

Temporarily presiding over the 2nd session of the 4th hearing on September 21, Yıldıray Kaya announced that Çolak had tested positive for COVID-19 and he was not present at the hearing for this reason.

The trial continued without Çolak on September 23.

At the fifth hearing of the case that started to be held on October 18, temporary Presiding Judge Kaya said that Çolak would be unable to attend the hearings for one-two months due to his illness.

The court board announced on November 8 that the presiding judge had been dismissed. The change of the court board and how it was changed was met with objections and protests by the politicians' lawyers.

Complaint to the HSK

At the press conference held earlier today (November 10), lawyer Çiğdem Kozan announced that they applied to the Council of Judges and Prosecutors (HSK) and filed a complaint against the court board:

"We requested that the court adjourn the hearing for a reasonable period of time. Indicating that our excuses were unjustified, the court rejected our requests. We saw that the court was not pursuing a fair trial.

"The court is trying to hand down a ruling quickly. And we have been compelled to apply to the HSK and file a complaint against the court board that has been violating the right to a fair trial." (AS/SD)