The "Justice Watch" on March 22, 2022.
Click to read the article in Turkish
Prosecutors have issued a decision of non-prosecution regarding several lawyers who read out a statement about Turkey's 2018 military operation in Syria during the "Justice Watch" demonstrations by lawyers in İstanbul's Çağlayan Courthouse.
"Gatherings and demonstration marches should not be banned based on an abstract danger to public order and public safety; it should also be determined whether the demonstrators display aggressive and threatening behavior," the prosecutor's office stated.
The Investigation Bureau for Terrorism and Organized Crimes of the İstanbul Chief Public Prosecutor's Office gave the decision of non-prosecution on January 21 and issued it today (April 11).
Lawyers Ali Babür Atila, Alp Selek, Bülent Utku, İlke Çandırbay, Kemal Aytaç, Mehmet Güvenç, Necdet Okcan, Sevin Şeker and Yavuz Okçuoğlu had been investigated for "propagandizing for a terrorist organization" and "attending an illegal demonstration and not dispersing by themselves."
"The real crime was to investigate a statement"
Lawyer Kemal Aytaç, who spoke to bianet about the prosecutor's decision that came four years after the events, said, "The decision is pleasing, but the fact that it was given four years later is saddening. The real crime was opening an investigation into a statement for the press, which is a constitutional right. It is an insufficient and meaningless decision. It left a bitter taste."
During the 44th Justice Watch on February 1, 2018, Aytaç read out the statement of the Turkish Medical Association (TTB) about the operation in Syria, a Kurdish city in northwestern Syria, and other lawyers repeated the statement. The TTB was also investigated for the statement titled "War is a public health problem."
The same night, police raided Aytaç's home.
"At around 02:00 at night, about 25 police officers in five or six vehicles came to my home. There was an arrest warrant against me. I was not at home. I made a statement at the courthouse the next day. I said that I would give a statement to the prosecutor's office, not the Security Directorate. The İstanbul Bar Association also supported the lawyers," he said.
"Was it for propaganda purposes?"
"During my testimony, the prosecutor's office asked a single question. 'Did you read it out for propaganda purposes?' they said. 'For what purposes might I read it?' I responded.
"Of course, it is positive that a case was not filed, but giving the decision four years later kept those who were investigated under pressure. The investigation file was hanging over us for four years like the Sword of Damocles. Moreover, such investigations prevent lawyers from acquiring some of their rights.
"The purpose of the raid in my house was to terrorize. I am at the courthouse every day anyway."
"Freedom of expression"
In their defense statements, the lawyers had said they had read out the statement to emphasize that it was unlawful to investigate and detain the medical association members despite their statement not being illegal.
In order for the charged crime to occur and for a legitimate interference with the freedom of expression, the interference should be stipulated by laws, the prosecutor's office said, citing rulings No. 2017/304 and 2017/937 of the 16th Chamber of the Court of Cassation.
It also noted that freedom of expression is one of the rights fundamental rights subjected to interventions and restrictions the most as part of "combating terrorism."
The prosecutor's office underlined that article 10 of the ECHR is regarded as one of the most important and fundamental provisions of the convention and said freedom of expression is also protected by the Constitution and the laws. (AS/VK)
