Ayşe Barım, a well-known talent manager, was rearrested yesterday after an İstanbul court overturned a previous ruling granting her release. Barım was initially remanded in custody on Jan 27 on charges of "attempting to overthrow the government or preventing it from performing its duties" in an investigation linking her to the 2013 countrywide anti-government demonstrations known as the Gezi Park protests.
Yesterday, Barım's lawyers appealed her detention at the İstanbul Penal Court of Peace, which rejected the request. They then took the appeal to the İstanbul 8th Penal Court of First Instance, which ruled in favor of her release.
However, the İstanbul Chief Public Prosecutor's Office challenged the decision in the appeals court and issued an arrest warrant. The İstanbul 20th Heavy Penal Court accepted the prosecutor’s appeal, overturned the release order, and ruled for Barım’s rearrest. Barım did not leave prison during the process.
Early today, the Council of Judges and Prosecutors (HSK), Turkey's judicial overseeing body, launched an investigation into Judge Fatih Kapan of the İstanbul 8th Penal Court of First Instance, who had ruled for her release.
Accusations against Barım
Activities of Barım and her management company ID İletişim first came under scrutiny last month when the Competition Authority opened an investigation into the company on suspicion of monopolizing the entertainment industry. It was followed by a separate investigation linking Barım to the 2013 protests, which led to her detention on Jan 24.
Prosecutors claimed that Barım had extensive communication with key defendants in the Gezi trial during the turmoil, including the philantropist Osman Kavala, who was sentenced to life imprisonment for financing and organizing the protests.
Prosecutors also alleged that Barım encouraged artists under her management to participate in the 2013 protests and personally joined them. In connection with this charge, several actors represented by Barım were previously summoned to testify. These accusations led to Barım's formal arrest on Jan 27.
Talent manager Ayşe Barım arrested as monopoly probe shifts to government overthrow charges
Previous interventions in Gezi trials
Judicial interventions in cases related to the Gezi Park protests are not unprecedented. On Jul 11, 2019, the HSK issued a decree restructuring the judicial panel overseeing the Gezi trial. Judges who had questioned the continued detention of Kavala were reassigned to elsewhere. A second panel was formed at the İstanbul 30th Heavy Penal Court, and the original panel was removed from the case.
After Kavala and eight other defendants were acquitted in the Gezi trial, the HSK launched an investigation into the judges who had ruled for their acquittal and replaced the panel.
During the retrial, İstanbul 13th Heavy Penal Court Judge Kürşad Bektaş dissented from the conviction, stating that "there is no concrete, definitive, or credible evidence beyond any reasonable doubt to convict the defendants." He was later reassigned to Tokat.
Similarly, Judge Sercan Karagöz, who had voted for the release of Kavala and fellow defendant Yiğit Aksakoğlu, was reassigned to Ağrı on Jul 17, 2023.
While judicial interventions have drawn criticism from rights organizations, appeals filed with the HSK by legal advocates regarding the reassignments have so far yielded no results.
(HA/VK)