Trial monitoring mission for the hearing in the trial against lawyers from Ezilenlerin Hukuk Bürosu

Türkiye

Background to the case

Since 2017, the three lawyersSezin Uçar, Özlem Gümüştaş and Gülhan Kaya, have been prosecuted on suspicion of membership of a terrorist organisation (in violation of article 314 subsection 2 of the Turkish Penal Code) and terrorist propaganda (which would constitute a violation of article 7 subsection of the Anti Terror Law). This is most likely related to their representation of the families of people who died in Syria whilst fighting ISIS. The evidence in the case is partly based on statements of anonymous witnesses which are, according to the defence lawyers, largely copied from similar statements that are used in other cases. The defence maintains there is no evidence for any of the accusations in the case file.

In 2023, the lawyers were again accused of being a member of a terrorist organization. As in 2017, the case is based on the statements of witnesses (5). One witness claims that Gülhan Kaya, Sezin Uçar, Özlem Gümüştaş asked no payment for their legal services, implying that they did not work as lawyers. The fact that the lawyers reminded their clients that they have the right to remain silent is also used against them in this case.

Uçar and Gümüştaş were already in pre-trial detention from 19 October 2017 to 5 October 2018. Gülhan Kaya was under judicial control up until 29 November 2018. She was arrested on 10 June 2023 and was in pre-trail detention until 9 November 2023.

The hearing on 3 July

Hearings in the case have taken place since 2017 on a regular basis. The case is still ongoing, and hearings keep being adjourned. On 3 July 2024 representatives of Lawyers for Lawyers observed the hearing in the trial against Sezin Uçar and Özlem Gümüştaş. The hearing focused on the additional accusations against these two lawyers.

Sezin Uçar, who represented herself with respect to the merged case file, emphasized her long-standing legal career and described the case as politically motivated and baseless. The defendants, as well as their lawyers, asked the court to lift the restrictive measures placed upon the defendants, which includes an obligation to regularly report to the police since October 2018 (twice a week) and a travel ban further restricting their freedom of movement. Following Uçar’s pleadings, Özlem Gümüştaş stated that the investigation against her is stooled on an untrustworthy informant’s testimony, which was turned into a legal case without additional evidence. She also requested the court to lift the judicial control measures.

The court granted the request for Özlem Gümüştaş. However, for Sezin Uҁar, the request was denied. The hearing revealed that are additional accusations against her for allegedly having hit a policeman while refusing to cooperate with a DNA test. Although not explicitly stated, the denial to lift the judicial control measures for her seem to be related to these new accusations.

The court inquired whether Uçar and Gümüştaş knew the informant, to which both responded negatively. After their statements, the court decided to adjourn the cases until 13 November 2024 at 09:30h. On that day, the defense will have the opportunity to make its oral pleadings. It was announced that the court intends to give its final rulings on the same date.

L4L continues to observe the trial against these lawyers of the EHB.