Police officer didn’t attend the hearing again, judge didn’t issue a warrant

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The third hearing of the trial where three police officers face charges over violence against former bianet reporter Beyza Kural was held at the İstanbul 35th Criminal Court of First Instance today (December 10).

Reporters Without Borders (RSF) Representative to Turkey and bianet rapporteur Erol Önderoğlu and several journalists followed the hearing. While the police officers on trial did not attend the hearing, Beyza Kural and her lawyer Meriç Eyüboğlu were present in the courtroom.

CLICK - Lawsuit against police officers who inflicted violence on former bianet reporter Kural

Defendant police officer K.A., N.D. and Y.Ş. are charged with "violation of right to work and labor" as per the Article 117/1 and 119/1-e of the Turkish Penal Code (TCK) over the violence against Kural.

CLICK - Ruling of right violation for police violence against former bianet reporter Beyza Kural

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Defendant was not present, again

At this hearing, it was expected that the defense statement of police officer N.D. would be taken in Diyarbakır province. The officer was supposed to attend the hearing from the Diyarbakır 14th Criminal Court of First Instance via the Audio and Visual Information System (SEGBİS).

However, N.D. did not come to the court.

Taking the floor in response to this, Beyza Kural's lawyer Meriç Eyüboğlu requested that a warrant be issued against N.D.

Eyüboğlu said, "We come and go, but the defendant police officer's statement has not yet been taken. The defendant's statement is not here at the third hearing. We do not understand what you are waiting for to issue a warrant. We request that a warrant be issued."

Speaking in response to this request, police officers' lawyer Abdulkadir Cerrah said that the court notification was sent to the former address of N.D. and added that he would be present at the next hearing.

Taking the floor afterwards, lawyer Veysel Ok from the Media and Law Studies Association (MLSA) requested involvement in the trial. Ok said, "I raise a request for involvement on behalf of the MLSA association, of which Beyza Kural is a member. An attack on our member is like an attack on our association. Legal persons also have the right of involvement."

Pronouncing its opinion as to the requests, the prosecutor's office demanded the rejection of the requests. Handing down its interim judgement, the court board rejected the request of the MLSA for involvement in the trial on the grounds that it was not directly aggrieved by the crime.

The court board did not give a judgement as to the request for a warrant against police officer N.D. and ruled that another notification be written so that the police officer would be present at the next hearing.

The next hearing will be held on March 11, 2022 at 10.30 am.

What happened?

On November 6, 2015, police tried to take the then bianet reporter Beyza Kural into custody by handcuffing her behind her back while she was covering the protests against the Council of Higher Education (YÖK) in Beyazıt, İstanbul. Trying to take the journalist into custody, the police officer shouted, "Nothing is the same anymore, we will make you learn this." With the intervention of other reporters, Beyza Kural was released.

Kural filed criminal complaints about the incident, but they ended in non-prosecution. Her objections were also rejected by courts on the grounds that "the police did not exceed their right to use force."

With her complaints and applications remaining inconclusive, Kural made an application to the Constitutional Court via her lawyer Eyüboğlu.

The Constitutional Court has concluded the application of former bianet reporter Beyza Kural, who was subjected to police violence during news coverage. The Court announced its detailed ruling on February 18.

The Constitutional Court has concluded that the prohibition of treatment incompatible with human dignity guaranteed by Article 17 of the Constitution, freedom of expression guaranteed by Article 26 and press freedom guaranteed by Article 28 of the Constitution have been violated.

The top court has also ruled that a new investigation shall be launched so that the consequences of the related rights violations can be eliminated. Kural will be paid 15,000 lira in non-pecuniary damages.

A lawsuit has been filed against three police officers from the security department who inflicted violence on journalist Beyza Kural. (HA/SD)