* Photo: Can Candan
Click to read the article in Turkish / Kurdish
The trial of seven students over a picture on display at the South Campus of Boğaziçi University in İstanbul started today (March 17).
The students, two arrested and five under house arrest, are facing charges over an image of the Kaaba, a sacred place in Islam, with rainbow flags at its corners and a Shahmaran figure on it.
Announcing its interim judgement, the court board has ruled that arrested students D.D. and S.C.U shall be released.
While the students are also indicted "because the picture was placed on the ground", the picture in question was exhibited as part of the protests against Prof. Melih Bulu, the appointed rector of Boğaziçi University.
Before today's hearing, strict security measures were observed around the İstanbul Courthouse in Çağlayan. Independent MP Ahmet Şık, Workers' Party of Turkey (TİP) MP Barış Atay, Peoples' Democratic Party (HDP) MP Hüda Kaya, main opposition Republican People's Party (CHP) MPs Sera Kadıgil and Özgür Özel and CHP İstanbul Provincial Chair Canan Kaftancıoğlu came to the courthouse to watch the hearing.
'We didn't commit a crime, we did art'
Held by the İstanbul 12th Heavy Penal Court, the hearing started at 2.40 p.m. after the two arrested students and five students under house arrest were brought to the courtroom and an identity check was done.
Attorney Levent Pişkin demanded the return of the indictment, but the judge said, "The indictment has already been accepted. It has been notified to all defendants. But I will have it read one more time."
Attorney Pişkin also indicated that "no reactions were raised among the society due to the content of the picture and, thus, it fell within the frame of freedom of expression and the elements of the crime were not constituted." He demanded the immediate acquittal of the students.
Arrested student D.D. took the floor to make his defense afterwards. The student briefly said, "We do not aim to degrade a segment of the society or a person. I do not have a legal or illegal membership of any student group. I do not accept the charges." As for the judge, he asked D.D., "Are you a member of any organization? Are you, seven defendants, the part of the same team? You are from the team organizing the exhibition. The picture got lost afterwards. Were you there then?" The judge also cited a news report by pro-government Yeni Şafak as evidence.
In response to these questions, D.D. said, "The security guards were constantly around the exhibition, I do not know who prepared the picture, either. I do not think that we committed a crime. In fact, I think what we did was art." D.D.'s attorney demanded his acquittal as the offense of "provoking the public to hatred and hostility" did not pose a concrete danger.
Arrested student S.C.U. also made his defense. He said:
"When I got there, students, even security guards, were preparing something. I did not see the security guards hanging it, either.
"I was at school all day long and no one warned me. When I got home after the exhibition, I was searched by the police.
"I did not aim to target any segment of society. Then, when the police came, we were brought to identify two men and two women; we did not. Then, we were taken into custody. I do not accept the charges."
S.B: I was harassed
The trial continued with the defense of S.B. under house arrest.
The student said: "Our primary aim was to set up a platform where students could express themselves. As you see, we are all young and inexperienced. I am sorry that some people are disturbed even though we did nothing intentional. These works were sent by different artists.
"We cannot provoke the public to hatred or hostility. We were targeted in the news of Yeni Şefak. They were the ones who provoked the public to enmity and hatred. As you see on my foot, I have been at home for nearly a month with an electronic bracelet around my ankle. I was harassed, I could not go to work even though I was working, I could not pay my rent. All this was caused by the offense charged against us."
S.B.'s attorney also said, "These children feel fearful and under pressure. It is a shame that they are tried here with this indictment. There needs to be a concrete result for provoking hatred and hostility."
The court board has ruled that the judicial control measure imposed on S.B. shall be changed into giving a signature once a week; therefore, s/he has been freed from house arrest and electronic bracelet.
'This indictment is a crime'
Ezgi Önalan, an attorney for the defendants, said, "D.D. and S.C.U. went to the police station themselves. What kind of flight risk can we talk about here? While the maximum term foreseen for the offense charged is 6 months, this point needs to be explained."
Attorney Pişkin then stated, "This indictment does not have the qualities of an indictment. It is not an indictment that can be written by a person of law. If we live in a state of kadi (a muslim judge), say it so that we know it. This indictment is a crime. Security guards had minutes taken about a person who was not at the school. Security guards treat students hostilely."
Pişkin also commented on the charge of "provoking the public to hostility and hatred." The attorney briefly said the following:
"Who needs to be put on trial is the Editor-in-Chief of Yeni Şafak and the reporter who reported the news. I am against it as well. It is a violation of freedom of expression. People's right to get news would be undermined.
"Let's ban all opinions as to Muslimism and Islam. Santa Claus was circumcised, stabbed in this country. Isn't Christianity a religion? They made a cake that looked like the Kaaba and ate it in this country, in Üsküdar. As Mr. Prosecutor knows Islam, then, it means shirk."
H.K: I want to trust your justice
Student H.K. under house arrest also made defense:
"We wanted to do this with art so that everyone who did not want a trustee-rector could be spiritually at the campus. We do not know who did the artwork and, to be honest, we also did not see an inquiry into it. 15 minutes after this artwork was placed, it was targeted.
"After the news of the mass media, people started to say scary things. What we tried to do was to embrace people.
"If we go back to the beginning of our trial, the reason for our protest against the rector appointment is autonomy.
"We want academic autonomy, I mean. I feel bad when I think of the charges. I cannot understand why I am here. I do not feel safe.
"We could not fully understand what justice was. We did not want to hurt anyone. The exhibition was inside Boğaziçi University, it was at our home. 3 thousand people watched this exhibition. Only the Instagram account of Yeni Şafak newspaper, which you have cited as evidence, is followed by 540 thousand people. I want to trust your justice."
H.K.'s attorney also said, "The material and immaterial elements of the crime were not constituted in any way at all. Freedom of expression does not only protect the expressions liked by the public; on the contrary, it exists for the opinions disliked by the public."
Are you a member of the LGBTI?
While defendant E.K. was about to make defense and say that s/he was not among the organizers of the exhibition at the university campus, the judge asked E.K., "Are you a member of the LGBTI?"
Attorney Pişkin responded, "It means forcing into making a statement. You are criminalizing being a member of the LGBTI. This is forcing into expressing a conviction." The judge answered, "I did not know something called LGBTI until recently. I did not hear about them, either."
One of the defendants R. started making her defense, saying, "I have no idea who hung the picture, who made it, who brought it over."
The judge interrupted her and asked, "Were you under the roof of the LGBTI? Were you in line with this request?" R. pointed at her veil and said, "I cannot understand how the artwork provoked the public to hatred and hostility. I am a Muslim, as you can see it."
Announcing its interim judgement, the court board has ruled that arrested students D.D. and S.C.U shall be released.
The next hearing will be held on July 5.
CLICK - 7 students face up to 3 years in 'exhibition' investigation
'Release our students'
Upon the call of the Boğaziçi Solidarity platform, several students, academics and alumni of Boğaziçi University came together in front of the courthouse in Çağlayan before the hearing and made a statement for the press.
Their statement briefly read:
"We are here today to support our seven students who were taken into custody for protesting the illegitimate rector appointment to Boğaziçi University and arrested or released afterwards, pending trial.
"Since January 30, our two students have been deprived of freedom, two arrested in Metris Prison and two under house arrest. We would like to once again declare it to the public that we stand with our students.
"Since January 4, we, as the academics of Boğaziçi University, have been saying, 'We Don't Accept, We Don't Give up". We predicate it on the fundamental principles of Boğaziçi University, which explain our egalitarian and participatory tradition.
"The new rector's office, the Council of Higher Education (YÖK) and the mentality of politics that they are entitled to aim to render the universal, pluralistic and democratic principles of our university null and void.
"In line with this aim, they define the opposition and any type of social incident as a matter of public order and pursue policies of securitization.
"There is no problem of public order. The right of the university constituents, united or separated, to criticize the policies concerning Boğaziçi University has been guaranteed by the Constitution.
"Our students are portrayed as criminals and suspects in the eyes of society. By doing this, they attempt to legitimize forceful and oppressive methods at Boğaziçi University, as is the case in Turkey in general.
"Criticism and protest is a right. We do not accept the charges brought against our students who used these rights. We demand that our students be released immediately and, with the new semester starting tomorrow, we demand that they start their education without losing any more time."
CLICK - Two Boğaziçi University students arrested
What happened?Prof. Melih Bulu was appointed as the President of Boğaziçi University in a Presidential Decree published in the Official Gazette on January 1, 2021. The appointment of Bulu sparked harsh criticisms among both the students and academics of the university as well as in the academic community. Appointed to Boğaziçi, one of the most prestigious universities in Turkey, from outside its community, Bulu was a candidate for nomination to run in the Parliamentary elections in 2015 for the ruling Justice and Development Party (AKP), which is chaired by President Recep Tayyip Erdoğan. The students and several students' clubs of the university campaigned on social media under the hashtag #kayyımrektöristemiyoruz (We don't want a trustee-rector). The call of the students was also supported by the faculty members of the university, who released a joint statement on January 3. "An academic outside Bogazici University community was appointed as rector (university president), which is a practice introduced for the first time after the 1980s military tutelage," read their statement. Amid harsh criticisms of students and faculty members, Prof. Bulu shared a message on his Twitter account, welcoming his appointment to the position, saying, "We are all in the same boat." The students protested the appointment of Bulu in front of the South Campus of the university in İstanbul on January 4. However, the police intervened into the protest with pepper gas and plastic bullets. Next day, it was reported that there were detention warrants against 28 people for "violating the law on meetings and demonstrations" and "resisting the officer on duty." Later in the day, 22 of them were detained. 40 people in total were detained over the protests. All of the detained were released on January 7 and 8, 2021. The protests of students and faculty members at the South Campus of Boğaziçi University have been going on since January 4. Taken into custody over a picture of the Kaaba, a sacred site in Islam, with a Shahmaran figure and four LGBTI+ flags on its corners, two students were arrested and two were placed under house arrest over this picture displayed at an exhibition as part of the protests at the South Campus. On February 1, police stormed the South Campus and intervened into the students' protests. Earlier in the day, the students gathered in front of the campus for the protest. Police hindered the protest while also preventing the students inside the South Campus from joining their friends outside. With the 51 students taken into custody inside the campus in the evening, the number of detained increased to 159. In a statement released by the İstanbul Governor's Office in the early morning hours on February 2, it was announced that 98 students were released from detention. On February 2, Boğaziçi University students gathered in Kadıköy Rıhtım for another protest, which was attacked by the police with plastic bullets and tear gas. 134 people were taken into custody by the police. Two of the protesters were arrested by the court afterwards. On February 6, four more people were arrested and two others were placed under house arrest over their participation in Boğaziçi protests in Kadıköy. On the same day, Erdoğan issued a Presidential decree to open two new faculties at the university. In response to this, the Boğaziçi Solidarity platform addressed an open letter to the "12th President of Turkey." A day later, student Beyza Buldağ was taken into custody for allegedly administering the "Boğaziçi Solidarity" Twitter account and arrested for "provoking the public to hatred, enmity and hostility" and "provoking to commit crimes" over both the letter and other Twitter posts. As of February 7, the Boğaziçi Solidarity platform announced that at least 560 students were detained, 25 were sentenced to house arrest and 10 were arrested. Students have been arrested on charges of "degrading or provoking the public to hatred and hostility" and "resisting to prevent fulfilment of duty" as per the Articles 216 and 265 of the Turkish Penal Code (TCK). CLICK - Why are 11 university students arrested? On February 10, one more student was arrested. With the release of Beyza Buldağ and Muhammed Önal on February 12, there remained nine students arrested over Boğaziçi University protests against the appointed rector. On February 22, two more students were placed under house arrest on the grounds that they distributed the letter of an arrested student to citizens. As of March 12, eight students are still arrested. |
(DŞ/NÖ/SD)
