Journalist and writer Erdal Süsem, who has been in prison for nearly 25 years, sent a letter from Tekirdağ No. 1 F-Type High Security Closed Prison, where he is being held.
In his letter, Süsem explained that despite favorable rulings from the European Court of Human Rights (ECtHR), the Constitutional Court, and the Court of Cassation, the İstanbul 12th Heavy Penal Court has refused to release him in his retrial.
Ahead of his hearing scheduled for Oct 6, he issued a call to press workers and the public:
Hello,
I am one of the detained and convicted journalists. I will soon complete my 25th year in prison. I am still in prison, and I am still on trial.
I have been acquitted in my other cases. Although I should legally be acquitted in this case as well—despite rulings in my favor by the European Court of Human Rights (ECtHR), the Constitutional Court of Turkey (AYM), and the Court of Cassation—I remain in prison due to the Istanbul 12th High Criminal Court’s insistence on keeping me behind bars.
I was the editor and a writer for the September Arts and Literature Magazine. Recently, I also published “The Perfect Murder I / Shadows and Images,” one of the novels I’ve been writing and keeping on the back burner for years.
The history of my trial is quite long. Here, I’d like to focus only on the developments from the past few years.
On May 23, 2019, the European Court of Human Rights (ECtHR), citing Turkey’s acceptances and commitments, ruled that my “right to a fair trial”—guaranteed under Article 6(1) of the European Convention on Human Rights (ECHR)—had been violated in my trial.
In accordance with this decision, on July 16, 2019, I filed a request for a retrial with the 12th Istanbul High Criminal Court. The court rejected my request. I then appealed to the Constitutional Court.
On September 13, 2022, the Constitutional Court, citing the ECtHR's ruling in my favor, ruled that my “right to a fair trial,” guaranteed under Article 36 of the Constitution, had been violated and that a retrial was necessary to remedy the violation. It emphasized the fundamental principles of a fair trial, such as the exclusion of evidence obtained in violation of the law, the investigation of the material truth, the collection of evidence, the hearing of witnesses, and the defense’s ability to cross-examine witnesses.
The first retrial process began on December 7, 2022, when the Constitutional Court’s decision was sent to the Istanbul 12th High Criminal Court.
However, during this four-hearing process, the 12th High Criminal Court once again violated my “right to a fair trial.
It retained evidence obtained in violation of the law in the case file. It rejected my requests for an investigation, the collection of evidence, and the examination of witnesses. It did not even grant my request to personally attend the hearings.
Although I argued that all the alleged evidence was in my favor and no new evidence was presented against me, the previous verdict was upheld.
On December 21, 2023, I exercised my right to appeal. On April 9, 2025, the Third Criminal Chamber of the Court of Appeals, citing the Constitutional Court’s decision, overturned the verdict on its merits and, like the Constitutional Court, emphasized the fundamental principles of a fair trial.
The Court of Cassation also ruled that the retrial must be conducted under Article 311/1-e of the Code of Criminal Procedure (CMK). This provision governs the retrial process when new facts or evidence could warrant the acquittal of the convicted person or a lighter sentence.
Although the İstanbul 12th Heavy Penal Court initiated the second retrial process, it defied not only the Constitutional Court’s ruling in my favor but also the Supreme Court’s decision. My requests for an investigation, the collection of evidence, and the hearing of witnesses were rejected.
I have been unjustly and unlawfully detained for approximately 25 years. The rulings in my favor by the European Court of Human Rights (ECHR), the Constitutional Court, and the Court of Cassation all call for my acquittal, yet the 12th Heavy Penal Court is failing to implement the decisions of the higher courts.
Because I have clear doubts about the court’s fairness and impartiality, I filed a motion to recuse the judge. My motion was rejected without undergoing a thorough review.
I have been imprisoned for 25 years. I continue to be held unjustly and unlawfully. For 25 years, I have been waging an exhausting legal battle.
My hearing is scheduled for October 6, 2026, at the 12th Heavy Penal Court in Istanbul (Çağlayan). I am counting on your support, as well as that of the press and the democratic public.
With love,
(HA/VK)
