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Previously taken into custoday and put on trial for attempting to fly sky lanterns, seven lawyers from the Progressive Lawyers' Association (ÇHD) İstanbul Branch will have their next hearings at the İstanbul 46th Penal Court of First Instance tomorrow (January 29).
A lawsuit was filed against the lawyers because "they wanted to fly sky lanterns" in the district of Beşiktaş in İstanbul. The court previously imposed an international travel ban on the lawyers.
In their petition of objection against this judicial control measure, the lawyers indicated, "The act of flying sky lanterns is not defined as a crime by our laws. And, in the concrete case, there was not even a single sky lantern that was flown and posed a danger."
Battering lawyers, police officers filed a complaint
ÇHD İstanbul Branch Chair Gökmen Yeşil and ÇHD members Ayşegül Çağatay, Barzan Demirhan, Canan Gözcü, Oğuzhan Topalkara, Seda Şaraldı and Yaprak Türkmen wanted to fly sky lanterns in Beşiktaş on February 22, 2019 to raise concerns over the hunger strikes of arrested ÇHD lawyers against their 159-year prison terms.
Coming together in front of the Eagle statue in Beşiktaş, lawyers wanted to fly their lanterns. While preparing to fly the lanterns, they were battered and detained by the police. Kept waiting in police vehicle for hours, they were tortured in different police stations that they were taken to.
The prosecutor and judge on duty released all of the detained lawyers on probation based on their file, without taking their deposition.
Afterwards, a lawsuit was filed against seven lawyers on charges of "resisting to hinder fulfilment of duty" and "opposition to the Law no. 2911 on Meetings and Demonstrations." Eight police officers who battered the lawyers are also a party to the lawsuit as "complainants."
In the bill of indictment filed against the lawyers, it has been alleged that the lawyers "could have caused fires in the historical buildings in the vicinity." Arguing that "big fires previously broke out in Turkey as a result of sky lanterns", the indictment has also claimed that the lawyers "could have polluted the environment with their protest."
'Not a single lantern was flown'
In their petition of objection against the judicial control measures, the lawyers have underlined that "flying sky lanterns is not a crime" according to the laws of Turkey and, therefore, the verdict of the local court "is against the law."
Against this background, the lawyers have further stressed that "as the action in question could harm the environment when it is committed in urban and crowded places and forestlands, it could only lead to the related persons to be fined as per the Article 32 of the Law on Misdemeanor."
"In the current case, where the lawyers were detained with torture and constantly subjected to torture in detention, there was not a single sky lantern that was flown and posed any danger", the petition has read further.
'It is evident that they will be acquitted'
The petition of the lawyers has also underlined that no verdict of conviction could be given on the offense charged:
"Though they were planning to go to a quiet place on the coast without any buildings due to the unfavorable weather conditions around the Eagle Statue and they informed the police officers about the decision, they were surrounded and taken into custody.
"The international travel ban imposed on them even though they did not commit any acts defined as a crime in the law is unjust. It is apparent that a verdict of acquittal will be given for the clients at the end of the trial." (AS/SD)
