'Right of defense restricted': Lawyers file a complaint against Kobanî trial’s court board

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The lawyers of the Kobanî trial and the Peoples' Democratic Party (HDP) Law and Human Rights Commission applied to the Board of Judges and Prosecutors (HSK) yesterday (November 11) and filed a complaint against the board of the high criminal court hearing the Kobanî case.

Speaking to the press after submitting their petition to the HSK in Ankara, lawyer Kenan Maçoğlu briefly said, "The HSK interfered with the Ankara 22nd High Criminal Court, which hears the Kobanî case. The presiding judge has been dismissed, a new member has been appointed to the court board. A new attitude has attempted to be developed with this."

In their petition, the lawyers have requested that an investigation be launched against the 1st Presiding Judge of the Ankara 22nd High Criminal Court Yıldıray Kaya and court board members Ergün Yılmaz and Barış Karakurt on the grounds of "eliminating the possibility of carrying out activities of attorneyship and violating the right of defense and fair trial."

The trial over the "October 6-8, 2014 Kobanî protests" is held at the Ankara 22nd High Criminal Court in the capital city; there are 108 defendants, 21 of whom are arrested, including former HDP Co-Chairs Figen Yüksekdağ and Selahattin Demirtaş, Democratic Regions Party (DBP) former Co-Chair Sebahat Tuncel and HDP's Central Executive Board members.

'They apparently aim to end the case quickly'

Lawyer Maçoğlu said, "The 2- and 3- month hearing periods have been interfered with. Their aim to end the case quickly is apparent."

"We have protested this, we have offered our excuses for not attending the hearing. The court has rejected all our requests and the trial is going on without lawyers. All these mean misconduct in office; that is why we have applied to the HSK. The fellow lawyers in other provinces are making the same applications as well," added lawyer Kenan Maçoğlu further.

'Giving a ruling without us means a crime'

Maçoğlu also gave the following information: "Legally speaking, it is not possible for the court to continue hearing the case without lawyers and defendants. We are expecting the court to abandon this attitude. If it is to give a ruling, it will do it without us, which will mean a crime."

Maçoğlu said, "We want a sound process of trial be pursued and the periods of hearings to be determined in such a way that they will not turn into torture for the defendants."

'Interval between hearings dropped to one week'

In their petition to the HSK, the lawyers have mentioned that the periods between the hearings have restricted the right of defense. The petition has also referred to the recent change in the court board.

The lawyers have raised concerns that while there were around two months between the hearings in the first phases of the trial, this interval was dropped to one week at the hearing on November 9, 2021.

They have also underlined, "It was seen that the Presiding Judge who did not attend the sessions of the hearing that started on October 18, 2021 by presenting health excuses was dismissed by a HSK decision and a new Presiding Judge has been appointed in his place."

'Requests dismissed, evaded, rejected'

The lawyers have raised concerns that all requests regarding the restriction of their right of defense have been rejected by the court board.

"That our requests have been disregarded, evaded or rejected proves that the restriction of defense is done by an open court ruling and by the court board," the lawyers of the Kobanî case have stressed.

CLICK - 'Holding the Kobanî trial without lawyers will make the entire trial extrajudicial'

At the hearing held on November 8, 2021, the court board announced that the Presiding Judge of the Ankara 22nd High Criminal Court Bahtiyar Çolak had been dismissed by the decision of the Council of Judges and Prosecutors (HSK) dated November 4, 2021.

Court board member Yıldıray Kaya has been appointed in place of Çolak. With the same decision, Murat Dönmez from the Ankara 23rd High Criminal Court has been appointed to Kaya's position.

The arrested defendants and their lawyers, in order not to be a part of the trial practice, decided to not attend the hearings. They did not attend yesterday's hearing by offering an excuse. (AS/SD)