İstanbul Bar Association President İbrahim Kaboğlu and several board members appeared in court today over a statement they issued regarding the killing of journalists Nazım Daştan and Cihan Bilgin in northern Syria.
Ahead of the hearing, police blocked access to the square outside Gate C of the courthouse, preventing protests from taking place. Officers held bianet reporter Hikmet Adal for 10 minutes after photographing the restricted area.
The trial, originally scheduled to begin at 9.30 am at the 2nd Civil Court of First Instance, was relocated to the 21st Commercial Court of First Instance due to the courtroom's small size. However, journalists faced additional security restrictions at the new location.
Eventually, lawyers, journalists, and opposition lawmakers were directed to the corridor outside the courtroom. The hearing was then postponed once more due to space constraints and moved to the 27th Heavy Penal Court.
Journalists obstructed
The trial was announced to start at 12 pm, but problems continued, as security guards initially resisted allowing journalists into the courtroom. Tensions escalated when lawyers intervened, leading to a brief altercation with security staff. The barricades were eventually removed, but the courtroom was overcrowded, leaving many lawyers and journalists outside. Some attendees fainted due to the heat, as air conditioning was not working.
Despite requests from lawyers for a microphone or video conferencing system, their demands were not met, preventing the audience from hearing the proceedings. As a result, lawyers at the front of the room had to relay the developments via text messages to those further back.
Intervention requests rejected
The court rejected the requests of more than 100 lawyers to intervene in the case. The trial officially began with statements from Fırat Özdemir’s lawyer, Baran Doğan, who argued that his client’s right to a fair trial had been violated and that he should be allowed to attend the trial in person.
Doğan noted that the court had also denied the possibility of lawyer Rezan Epözdemir participating via video conference, stating that the accused must be informed of the trial and have the right to defend themselves. He emphasized that without Epözdemir, the trial could not proceed, and called for the case to be adjourned until his client could attend.
İstanbul Bar chair's statement
Following Doğan’s remarks, İstanbul Bar chair İbrahim Kaboğlu took the floor. He argued that the trial was unconstitutional and should have been handled by administrative courts rather than the judicial courts. Kaboğlu said, “This case should be deferred under the Constitution. Bar associations are tasked with ensuring justice and upholding the rule of law. They serve as the guardians of the legal state. The principles of public law apply to bar associations. This case clearly violates the Constitution. All 81 bar associations in Turkey are under threat.”
Kaboğlu emphasized the crucial role bar associations play in protecting constitutional freedoms and defending the rule of law, noting their mission was broader than other professional organizations. He called for the case to be deferred for constitutional review by the Constitutional Court.
The hearing paused for about 30 minutes until the video conferencing system was turned on. After the session resumed, and Kaboğlu continued his statement: “Bar associations are responsible for ensuring and protecting the rule of law. Our existence is based on justice, democracy, and the rule of law.
"The case brought against us is a result of our demand for law and our right to justice. If such a case can be filed against İstanbul Bar, which is the most unique bar association in the world, it also applies to the Union of Turkish Bar Associations and all 81 bar associations in the country. Therefore, all bar associations’ requests to intervene in this case should be accepted.”
Background
On Dec 19, 2024, Cihan Bilgin, a reporter for the Syria-based Hawar News Agency (ANHA), and freelance journalist Nazım Daştan, who had contributed to the pro-PKK Fırat News Agency (ANF), were killed in an airstrike in northern Syria.
The strike drew international condemnation from media organizations and rights groups, which accused Turkey of being responsible for the attack. Turkey, which regularly targets the Kurdish-controlled parts in northern Syria, did not claim responsibility for the strike.
The İstanbul Bar also issued a statement condemning the attack, saying, "Targeting journalists in conflict zones is a violation of International Humanitarian Law and the Geneva Conventions. Moreover, attacking civilians who are not party to the conflict is classified as a war crime under the Rome Statute."
Following this statement, the İstanbul Chief Public Prosecutor’s Office filed a lawsuit seeking the removal of Kaboğlu and the bar's board members and the election of a new leadership.
In a separate case, Kaboğlu, Vice President Rukiye Leyla Süren, Secretary General Hürrem Sönmez, Treasurer Ahmet Ergin, and board members Metin İriz, Mehmedali Barış Beşli, Yelda Koçak Urfa, Fırat Epözdemir, Ezgi Şahin Yalvarıcı, Ekim Bilen Selimoğlu, and Bengisu Kadı Çavdar are also facing charges of "terrorist propaganda" (Article 7/2 of the Anti-Terror Law) and "publicly disseminating misleading information" (Article 217/A of the Penal Code).
(HA/VK)
