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

Türkiye

Background to the case

Since 2017, the three lawyersSezin Uҁar, Özlem Gümüstaş and Gülhan Kaya, alongisde 20 other defendants including journalists, 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 Uҁar, Özlem Gümüstaş 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.

Sezin Uҁar and Özlem Gümüstaş 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 4 April

Hearings in the case have taken place since 2017 on a regular basis. The case is still ongoing, and hearings keep being adjourned.[1] Lawyers for Lawyers observed many of them. On 4 April 2024, representatives of Lawyers for Lawyers, observed the 26^th hearing in the trial against the lawyers of the EHB. The hearing was particularly short-lived and did not deal with substantive elements of the case.

The defendants, as well as their lawyers, asked the court to finally lift the restricting measures laid upon the defendants, such as Sezin Uҁar’s obligation to regularly report to the police and the lawyers’ travel bans. It was noted during the session that a separate case against Uçar and  Gümüştaş would be merged with the current case file. Conversely, the defendants asked for an adjournment to prepare their defense, citing the additional file that needed to be added to this case. The court refused to lift the measures but agreed upon the adjournment until 3 July 2024.

[1] See, for example, the hearings in 2016, and May and December (p. 4) 2018.