Büyükada trial: Constitutional Court rules that rights advocate Eser's arrest was unlawful

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The Constitutional court has ruled that the arrest of İdil Eser, the former director of Amnesty Turkey, during the Büyükada trial caused a rights violation.

The court has concluded that the state violated personal liberty and security, which is guaranteed by Article 19 of the Constitution, because Eser's arrest was not lawful, and ordered it to pay 40,000 lira (4,663 USD) for immaterial damages. The court gave the judgment unanimously.

Eser's attorney Benan Molu said, "The case is at the Court of Cassation. According to the judgment, she should have never been arrested and she should be acquitted now."

Eser was detained on July 5, 2017, and remanded in custody on July 18, 2017, before being released with seven other rights advocates after the hearing on October 25, 2017.

The top court previously gave a similar judgment for another defendant in the Büyükada trial, Özlem Dalkıran.

What happened?

On July 5, 2017, 10 rights advocates from various rights organizations were taken into custody during a training workshop with the topic "Protection and digital security of human rights advocates" in Büyükada, one of the Prince Islands in İstanbul. Nothing was heard from detained rights defenders for 30 hours.

On July 18, Idil Eser (Amnesty International Turkey Director), Özlem Dalkıran (Citizens' Assembly / formerly called Helsinki Citizens Association), Günal Kurşun (Human Rights Agenda Association), Veli Acu (Human Rights Agenda Association), Ali Garawi (citizen of Sweden / human rights trainer), and Peter Steudtner (citizen of Germany / human rights trainer) were arrested on charges of "committing crimes on behalf of the terrorist organization without being a member" (Article 220/6 of Turkish Penal Code/TCK ) and "being a member of an armed terrorist organization" (Articles 314/2 and 314/3 of TCK).

On July 23, İlknur Üstün (Women's Coalition) and Nalan Erkem (Citizens' Assembly / formerly called Helsinki Citizens Association), who were released on probation with an international travel ban, were arrested upon the prosecutor's objection to their release.

Amnesty International Turkey Executive Board Chair Taner Kılıç, who had been in pre-trial detention since June 2017 in another case, was included in the bill of indictment of Büyükada lawsuit later as a suspect.

According to the bill of indictment prepared by Public Prosecutor Can Tuncay, the rights defenders are claimed to be members of the Fethullahist Terrorist Organization/Parallel State Organization (FETÖ/PDY), Kurdistan Workers' Party/Kurdistan Communities Union (PKK/KCK) and The Revolutionary People's Liberation Party/Front (DHKP/C).

On October 25, the court ruled that Günal Kurşun, İlknur Üstün, İdil Eser, Nalan Erkem, Peter Steudtner, Özlem Dalkıran, Ali Garawi and Veli Acu be released. In addition, an international travel ban was imposed on Özlem Dalkıran and Veli Acu, and the probation order for Şeyhmus Özbekli and Nejat Taştan that was issued on July 25, was revoked.

The file of Kılıç, who stood trial in a separate case held before İzmir 16 Assize Court on charge of "financing terrorism and spying" and was later included in the indictment of Büyükada lawsuit as a suspect, was combined with the main Büyükada Case.

Taner Kılıç was released on August 15, 2018. Kılıç faced 7.5 years to 15 years in prison.

The final hearing of the case was held on July 3, 2020. Kılıç was sentenced to 6 years, 3 months and Günal Kuşun, İdil Eser and Özlem Dalkıran to 1 year, 13 months in prison.

(AS/VK)