Prosecutors seek up to three years in prison for 139 arrested during İmamoğlu protests

The İstanbul Chief Public Prosecutor’s Office has filed an indictment against 139 individuals arrested following a protest outside the İstanbul city hall on Mar 23, the day İstanbul Mayor Ekrem İmamoğlu was formally arrested and suspended from office. 

The individuals, mostly students, are charged with violating Law No 2911 on Meetings and Demonstrations, facing up to a three-year prison sentence. 

The indictment cites a demonstration ban that had been in place in İstanbul when the rally was held, and police warnings to demonstrators to disperse in accordance with the ban, which were not complied with. Despite the ban, the main opposition Republican People's Party (CHP) held rallies outside the city hall for seven nights straight with thousands in attendance after the mayor was taken into custody on Mar 19. Protests also erupted in other cities despite similar bans.

The indictment claims that security forces used “proportional force” against the protesters, who allegedly resisted law enforcement, obstructed officers, and committed the offense of “insulting the president.”

Prosecutors are seeking prison sentences of up to three years for each of the 139 individuals. They also requested the application of Article 53/1 of the Turkish Penal Code, which includes penalties such as disqualification from public service and restrictions on political rights.

The indictment was submitted to and accepted by the 49th Criminal Court of First Instance in İstanbul.

Throughout the protests after the mayor's detention, more than 1,800 people were taken into custody and 301 of them were formally arrested. 

'Banning protests is a crime'

Lawyer Tuba Torun, who represents some of the detained students, criticized the charges speaking to bianet. She pointed to the protest ban issued by the İstanbul Governor’s Office between Mar 19–23, arguing that the ban itself is unlawful:

“The indictment uses the protest ban as a legal basis for demanding punishment. But the Governor’s ban is itself a violation of the law. Article 34 of the Constitution guarantees the right to assemble and demonstrate peacefully without prior permission. This right is being violated. Those exercising this right are now in prison because of an unlawful decision by the Governor’s Office.”

Torun also detailed several rights violations during the detention and arrest process. She said students reported overcrowding during custody, with many held in cramped holding cells and forced to remain standing. “Many said they arrived at prison in an exhausted state,” she noted.

She added that conditions in detention facilities were inadequate. “At Metris temporary prison, some students couldn’t get enough food due to miscounting. There were also serious hygiene issues. Lice and bedbugs were reported, and some couldn’t even access soap,” Torun said. She added that these problems were only addressed after being raised by lawyers and members of parliament.

Additional issues were reported at Silivri Prison, where the Eid holiday disrupted access to basic needs via the prison canteen. “Those with health conditions or prescription medications couldn’t get their medicine because official medical reports were required. One student with a rib injury faced delays in receiving medical attention,” she said.

After public outcry, the Justice Minister issued a statement saying there were “no problems.” Torun said one of her clients reported being treated more carefully after the minister’s comments. “The problems now seem to have been resolved,” she said, “but the real issue is that the students are being unlawfully held in prison.”

(RT/VK)