WEEKLY ROUNDUP #8
Fake court orders, 'non-existent' criminal evidence, a million 'terror' suspects
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A courtroom sketch of the ÇHD case from March 2019. (Drawing: Murat Başol)
Here is bianet's weekly summary of important events in Turkey:
Trial of ÇHD lawyers
"They are talking about digital materials as evidence against me. And I say that this evidence does not exist. They are not physically there. We say, 'Bring them, then.' But they have been unable to do so for years, because there is no such evidence."
This is what lawyer Selçuk Kozağaçlı said at the hearing of the Progressive Lawyers Association case on September 15.
Eighteen ÇHD lawyers were sentenced to a total of 159 years in prison in March 2019 for "being a member of a terrorist organization." The ruling was mostly based on statements by anonymous witnesses.
In September 2020, the Court of Cassation ruled for the retrial of Kozağaçlı and two other lawyers while it upheld the sentences of others.
At Wednesday's hearing, Kozağaçlı pointed out that an anonymous witness had been proven to be mentally unstable and the supposed "digital evidence" against the lawyers had not been brought up for years.
The court ruled for the continuation of the lawyers' arrest.
The witness in question, who is known as "the permanent witness," had testified in more than 100 political trials. In the last year, he sent a petition to the Court of Cassation, saying that testimony should not be taken into account due to "psychological reasons."
An expert examination of the case file says that the case file does not include the original digital evidence and but its copies, which might have been altered or manipulated.
As long as the HASH values and metadata of the evidence, which can confirm the authenticity of the evidence, is not made available to the defending party, the materials cannot be legally considered as evidence, according to the expert report.
"As long as it is not delivered to the suspects of their attorneys, it cannot be clearly stated whether the evidence was altered and whether the evidence was manipulated; according to relevant laws, regulations and and standards, the image copies of the evidence in the case file cannot be considered as legal evidence unless they are not handed to the defending party..."
"The digital examination report prepared by the General Directorate of Security did not include the HASH values and metadata, which included the dates of the creation, changes and the last change of the files and which computers and users processed the files, according to the report."
Read more on the ÇHD case:
Lawyer Kozağaçlı: Justice is a matter of personality for all of us
Court of Cassation upholds prison sentences of lawyers 'with its conscience'
Lawyer Ebru Timtik dies on 238th day of death fast
Jailed lawyer Çiçek: I said, 'Give me at least some water', they didn't
International law organizations prepare report on trial of Progressive Lawyers Association
Fake court rulings
On September 10, Prof. Yaman Akdeniz from the Freedom of Expression Association (İFÖD) revealed that two fake court orders had been issued to two news portals.
Both fake rulings appeared to have been sent by the same judgeship and given after complaints by two businesspeople for "violation of personal rights."
The fake ruling issued to Diken news portal concerned a report titled, "Thirty villas of Keskin holding to be sold in forced auction." The article also mentions two other cases against the owner of the holding, Recep Ercan Keskin, for "qualified robbery" and "customs smuggling."
Similarly, the fake court order issued to Gazete Duvar requested the removal of an article that mentioned a lawsuit against businessperson Erdal Can Alkoçlar and his parents for fraud. The plaintiffs claimed that the Alkoçlar family had convinced them to invest in unapproved medical drug patents, according to the report.
Banning articles that merely report an event is not an uncommon practice as "violation of personal rights" has become the legal pretext of censoring news about alleged or proven wrongdoing in the past few years.
An opposition deputy on September 15 submitted a parliamentary question about the fake court orders, asking the minister of justice whether there were similar incidents in the past and how many news articles had been banned by fake orders.
Read more on news censorship:
'Fahrenheit 5651': Turkey blocked 467,011 web addresses in 14 years
Access blocked to 141 news articles on bianet
Reports on drug baron with ties to senior AKP deputy censored
Court blocks access to reports about book claiming to reveal corruption in judiciary
Report: Turkey banned 130,000 web addresses in 2019
"Terrorism" investigations
About one and a half million people were investigated for "being a member of an armed terrorist organization" in the five years between 2016 and 2020, according to figures released by the Ministry of Justice on September 17.
In 2020 alone, over 200,000 people were found to be members of an "armed terrorist organization," according to the figures.
While a significant chunk of the investigations were related to the July 2016 coup attempt, these numbers are unacceptable, according to opposition politicians.
Democracy and Progress (DEVA) Party MP Mustafa Yeneroğlu said the reason for the high number of investigations was the jurisprudence of the Court of Cassation that ignores the most basic rules of criminal law because of political pressures.
HighlightsElection talk • Selahattin Demirtaş, the imprisoned former co-leader of the Peoples' Democratic Party (HDP) said in an interview with a news portal that the next election will be the most important one in the country's history. If President Recep Tayyip Erdoğan wins again, the country will be dragged into an authoritarian regime that will last for decades, he predicted. He called on the opposition parties to make an "alliance based on principles." • The ruling Justice and Development Party (AKP) and its ally Nationalist Movement Party (MHP) have yet to agree on the amendments to be made to the election law, according to a report by BBC Turkish. The two parties previously agreed to lower the election threshold. They are believed to be seeking to compensate for the losses of voted by changing the election law in their favor. • Ali Babacan, the AKP's former economy minister who now leads the DEVA Party, said that his party will "definitely not join" the AKP and the MHP's People's Alliance. "We don't have a decision yet whether we will walk alone, whether we will join the [opposition] Nation's Alliance or a third alliance is formed and we'll look at that," he said during a visit to Trabzon on September 18. "We want a parliamentary system and are talking to parties that want a parliamentary system." Read more on the next elections: Why has the government decided to lower the election threshold? HDP may not repeat its support to opposition in next election, warns Buldan 'Everybody is aware that HDP will be a key power in the next elections' Survey: 61.4 percent want a snap election in Turkey Erdoğan tells his party to start preparing for elections Opinion poll: Support for AKP lower among first-time voters Children's rights'Boss's car is more valuable than child's health'A child worker received a higher prison sentence than his employers, who had beaten him for asking for his unpaid wage "Whenever a child is killed by an armored vehicle, s/he is negligent and cameras are 'broken'"Twenty children were killed in armored vehicles crashes in the Kurdish-majority regions of the country. In most cases, they were found to be the negligent party. Child poverty in Turkey: Scrap collectors, peddlers, textile workers...Children work in Turkey because the adults bringing money to the household cannot work due to illness or another reason or the income of adults does not suffice to make ends meet, says a new study. Ministry permits hotel project on Muğla's burned forest areas A local environmental group has filed a lawsuit demanding the cancellation of the project, citing article 169 of the Constitution, which prohibits development in burned forest areas. University students facing "housing crisis" as academic year startsAfter nearly two years of online education, universities will resume in-person classes. Having to move to the cities where their schools are, students face exorbitant housing prices. Trans doctor banned from professionTrans woman Dr. Larin Kayataş, who has been expelled from profession on the alleged ground of "disturbing public morality", says that "her greatest wish is to return to her job". |
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