‘We Stand with Judges Investigated for Their Posts on İbrahim Gökçek’s Passing’

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11 law organizations have released a joint statement about the investigation launched by the Council of Judges and Prosecutors (HSK) against Judicial Union Chair Judge Ayşe Sarısu Pehlivan and Democrat Justice Association Chair Judge Orhan Gazi Ertekin due to their posts about the death of Grup Yorum music band member İbrahim Gökçek.

The joint statement has been signed by the following organizations: Lawyers for Justice, Lawyer Movement, Lawyers' Union, Progressive Lawyers Group (ÇAG), Progressive Lawyers Association (ÇHD), Lawyers for Democracy, Karşıyaka Lawyers Association, Kartal Lawyers Association, Participant Lawyers (KAV), Libertarian Democrat Lawyers Group (ÖDAV) and Lawyers for Freedom Association.

The organizations have briefly stated the following:

'It is also terrifying for every single citizen'

"After judges were targeted by a lynch campaign on social media for the sole reason that they expressed their thoughts and opinions, the HSK has automatically launched an investigation and given a decision of suspension from duty for the longest period [foreseen by the law], which is against the presumption of innocence as per the Article 36 of the Constitution.

"No legal action has been taken against the ones that run this ongoing lynch campaign against the judges, who are the chairs of judges and prosecutors organizations and expressed their opinions, and no precautions have been taken against what might happen, which is also terrifying for every single citizen, when taken together with the failure to take any action against the ones making a call for violence with hate speech.

'A violation of the ECHR'

"We would like to remind that any national law or other legislation and practices imposing absolute and unlimited dependence and restrictions on confidentiality would be in violation of the Article 10 of the European Convention on Human Rights (ECHR) and announce it to the public that we stand with Judge Ayşe Sarısu Pehlivan and Judge Orhan Gazi Ertekin."

What happened?

Grup Yorum music band member İbrahim Gökçek lost his life on May 7, two days after he ended his death fast on 323rd day. In response to his passing, Judge Ayşe Sarısu Pehlivan posted a message on social media and said, "İbrahim is no more. Words have lost their meaning. We could not keep him alive! Death... May your name be treacherous."

The Council of Judges and Prosecutors (HSK) has launched an investigation against the judge over this message and suspended her from duty for a period of three months as a precaution.

'I defended human rights and life'

Speaking to daily Cumhuriyet, Sarısu Pehlivan briefly said, "I defended human rights and life. Was I supposed to defend death and fight? I have to defend the right to life as a human and intellectual. I have been suspended from duty for three months as a precaution, I am surprised.

"This decision, of course, means intimidation to me and the ones thinking like me. 'Don't speak, hush now,' they tell us. I said it as a human. I will not give up on this thought of mine. What I said was not wrong. It was a sentence uttered on deaths. The state that the Council of Judges and Prosecutors is in is grave. What is controversial is actually this."

'A call disrupting the flow of life and calling for responsibility'

The HSK has also launched an investigation against Judge Orhan Gazi Ertekin for "propagandizing for a terrorist organization" and sent inspectors to İzmir Courthouse as part of it. However, Ertekin has said that no notifications have been delivered to him about the investigation.

In his messages on Gökçek's passing, Ertekin said, "Death fasts have been plaguing us as nightmares. We are all trying to cope with it somehow.

"There is no society that would not develop hesitant behaviors at such a moment when we are invited to think on the border between life and death.

"It is a call disrupting the flow of our lives and making a call to responsibility because it is difficult to overcome it, especially in a period like this. Restlessness, surprise, indifference, rage, grudge, hate, rancor...

"Along with a sense of indifference towards the government, there is also a highly widespread rage towards the ones who preferred death fast.

"Some of us prefer to turn this rage into indifference, some of us postpone it and some others prefer to turn it into hate and rancor. These are our ways to cope with sorrow, rage and calls for responsibility... These are our ways to mourn..." (RT/SD)