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16 September 2022 HRFT Documentation Center Daily Human Rights Report

Human Rights Foundation of Turkey Documentation Center[1][2][3][4][5]

16 September 2022 Daily Human Rights Report

(09/143) Torture and Ill-Treatment in Prison…

It is learned from the news coverage of September 15, 2022 that, Murat Bilger, a prisoner in Ankara Sincan L Type Prison No. 3 was threatened by the correction officers saying “You cannot speak Kurdish here. You can only speak Turkish. Otherwise we will give you peace. We will punish you” as he was speaking Kurdish with his family on the phone.

It is learned from the news coverage of September 16, 2022 that, the release on probation request of Derviş Kılınç, a prisoner in Diyarbakır High Security Prison No. 1, was postponed for 3 months by the Observation and Administrative Board on the grounds of lack of “good conduct”.

(09/144) Meeting Request with Abdullah Öcalan Not Responded…

It is learned that the appeal made on September 15, 2022 to chief public prosecutor’s office in Bursa by the lawyers of PKK leader Abdullah Öcalan, in order to visit him was not responded.

It is learned that the appeal made on September 16, 2022 to chief public prosecutor’s office in Bursa by families and tutelary of PKK leader Abdullah Öcalan, and Ömer Hayri Konar, Hamili Yıldırım and Veysi Aktaş in Imralı Prison, in order to visit them was not responded.

(09/145) Detained Person in Batman…

It is learned that a person named Şaban Yılmaz is detained on the grounds of ‘making propaganda for an illegal organisation’ in Batman on September 15, 2022.

(09/146) Investigation Against IHD Co-Chair…

It is learned that an investigation was launched by Istanbul Chief Public Prosecutor’s Office against the Human Rights Association (IHD) co-chair Eren Keskin on the grounds of the explosive emoji in a response to a social media post she made. It is learned that Eren Keskin made her official statement through the investigation on September 13, 2022 at the Anti-Terror Department of Istanbul Provincial Security Directorate.

(09/147) Detained DBP Executive in Mersin…

Metin İnci, the Democratic Regions Party (DBP) provincial representative who was detained in Mersin on September 13, 2022 is arrested by the court on September 16, 2022.

(09/148) Former HDP Co-Chair on Trial…

Former HDP co-chair Selahattin Demirtaş was sentenced to 2 years and 6 months on the charge of ‘targeting public officials involved in the fight against terrorism’ and was acquitted on the charge of ‘threat by taking advantage of the power to invoke fear derived from a criminal organisation’ in the case at Ankara Heavy Penal Court No 25, for his expressions about Ankara Chief Public Prosecutor of the time. The local court’s verdict was overturned by the Penal Chamber No. 21 of Ankara Regional Court of Justice. The retrial of the case is held on September 16, 2022. The court adjourned the trial to October 14, 2022.

The case was opened with the allegation that Selahattin Demirtaş threatened and targeted Yüksel Kocaman, Ankara Chief Public Prosecutor back then, by of his words in his defence at the trial of the case at Ankara Heavy Penal Court No. 19 on January 7, 2020.

(09/149) Former MP on Trial…

The final trial of the case against the Republican People’s Party (CHP) former MP Berhan Şimşek, for his expressions in a television programme is held at Istanbul Penal Court of First Instance No. 56 on September 15, 2022.

The court sentenced Berhan Şimşek to a judicial fine of 6,000 Turkish Liras on the charge of ‘degrading the Turkish Nation, State of the Turkish Republic, Turkish Grand National Assembly, the Government of the Republic of Turkey and the judicial bodies of the State’ in accordance with the Article 301 of Turkish Penal Code.

(09/150) Journalists on Trial in Istanbul…

The trial of the case against co-executive editors Eren Keskin and Hüseyin Aykol and managing editor Reyhan Çapan and journalist Hasan Başak from Özgür Gündem newspaper which was closed down by a state of emergency decree, is held at Istanbul Heavy Penal Court No. 13 on September 15, 2022. The court adjourned the trial to November 15, 2022.

(09/151) Journalists on Trial in Istanbul…

The trial of the case against 6 employees of Özgürlükçü Demokrasi newspaper which was closed down by a state of emergency decree, is held at Istanbul Heavy Penal Court No. 23 on September 15, 2022.

The court rejected to lift judicial control conditions and adjourned the trial to December 21, 2022.

(09/152) The Case Against Executives of Chamber of Architects…

The trial of the case against the executive board members of the Chamber of Architects Ankara branch (branch chair Tezcan Karakuş Candan, branch secretary Nihal Evirgen, and board members Muteber Osmanpaşaoğlu, Ünal Kara, Tuğba Arslan, Ece Yoltay and Özgür Bayramoğlu) for giving the International Television Journalism to Jin TV channel, is held at Ankara Heavy Penal Court No 25 on September 15, 2022. The indictment demands sentence for 7 people on the charge of ‘making propaganda for an illegal organisation’. After defence hearings the court adjourned the trial to November 22, 2022.

(09/153) People on Trial in Istanbul…

The final trial of the case against 21 people who were detained by the police intervening their attempt to march to Taksim Square for Labour Day on May 1, 2021, is held at Istanbul Penal Court of First Instance No. 16 on September 14, 2022. The court acquitted 21 people.

(09/154) Rights Defenders on Trial in Muğla…

The trial of the case on the charge of ‘resisting to prevent public duty’ and ‘insulting a public official’ against Füsun Ergün and Gülören Demir, who were forcibly moved away by the gendarmerie on 11 August 2021 from the protest against the lignite mine intended to be established in the Akbelen Forest in the Milas district of Muğla, is held at Aydın Penal Court of First Instance on September 16, 2022. Füsun Ergün attended the hearing. It is learned that the prosecutor in charge interfered with the recording of the statements of the defendants, and also interfered with the right to a fair trial and the right of defence by saying, “This way you will suffer” turning to the defendants and the audience. Then the prosecutor declared legal opinion on the case and demanded sentence for both defendants on the charge of ‘resistance to prevent public duty’ and for Gülören Demir on the charge of ‘insulting a public official’. The court adjourned the trial to September 27, 2022.

(09/155) Kemal Kurkut Case…

On March 11, 2022, the Penal Department No 1 of Diyarbakır Regional Court has finalised the appeal on the case of Kemal Kurkut’s killing and has overturned the local court’s acquittal on the grounds that Kemal Kurkut’s death was in the scope of “legal framework” and ruled that the final verdict should be “no legal ground for sentence” since it is not clear that the crime was committed by the accused. Diyarbakır Heavy Penal Court No 7, has acquitted police officer Y. Ş., for killing university student Kemal Kurkut by shooting him behind his back during Newroz celebrations in Diyarbakır in 2017.

The retrial of the case is held on September 15, 2022. The court rejected to arrest the defendant police officer and to hear the persons that could be detected in the video recordings as witnesses and adjourned the trial to January 17, 2023.

(09/156) Erhan Görür Case…

The trial against lieutenant Y. E., regarding the death of Erhan Görür on June 14, 2020 at the Iranian border of Başkale district of Van by the fire opened by the security forces, is held at Van Heavy Penal Court No. 5 on September 15, 2022. The indictment demands sentence for Y. E. on the charge of ‘reckless killing’. The court rejected to arrest the defendant and adjourned the trial to December 6, 2022.

(09/157) Yusuf Akın Case…

In the case regarding Yusuf Akın, who died on December 20, 2011, the court has given a verdict of acquittal. As the Constitutional Court has ruled that the right to live was violated, the case was sent to Mardin Heavy Penal Court No. 1 for retrial.

The retrial of the accused soldiers K. E. O., S. T., B. Y., Y. E. K., D. G. is held at Mardin Heavy Penal Court No. 1 on September 15, 2022. The defendants and their lawyers did not attend the hearing. The court rejected to arrest the defendants and adjourned the trial to January 26, 2023.

(09/158) Village Guards on Trial in Mardin…

The trial of the case against 3 village guards (Ş. A., V. A. and M. A.) regarding death of Musa Çelik, in the Mesken rural neighbourhood of Midyat district of Mardin on November 21, 2021, is held at Midyat Heavy Penal Court on September 15, 2022.

The prosecutor declared legal opinion at the trial and demanded sentence for Ş. A. on the charge of ‘intentional killing’, for V. A. ‘aggravated threat’ and acquittal for M. A. It is learned that Ş. A. stated the following in his defence against the legal opinion: “Why did the state give me the weapon? Did it give me weapon for nothing? This person was a terrorist. We killed him on behalf of the state”. The court adjourned the trial to September 29, 2022.

(09/159) Ankara JİTEM Case…

Ankara Heavy Penal Court No 1 has acquitted former Interior Minister Mehmet Ağar, İbrahim Şahin, Korkut Eken, Ayhan Çarkın, Ayhan Akça, Ziya Bandırmalıoğlu, Ercan Ersoy, Ahmet Demirel, Ayhan Özkan, Seyfettin Lap, Enver Ulu, Uğur Şahin, Alper Tekdemir, Yusuf Yüksel, Abbas Semih Sueri, Lokman Külünk, Mahmut Yıldırım, Nurettin Güven, Muhsin Korman, on the case known as “Ankara JİTEM case”, regarding the unidentified murders committed in and around Ankara between 1993 and 1996. Ankara Regional Court Penal Department No 1 has overturned the local court’s verdict and ruled a retrial. The retrial is held on September 15, 2022. The court adjourned the trial to September 21, 2022 in order to evaluate the request of the complainants’ lawyers that the crimes at issue are not subject to the statute of limitations on the grounds that they are within the scope of crimes against humanity.

(09/160) Prison Massacre Case…

The trial of the case against 196 people who were on duty at Gendarmerie General Command during “Operation Back to Life”, which caused death of 12 people and injury of 29 in Bayrampaşa Prison, is held on Bakırköy Heavy Penal Court No. 13 on September 15, 2022. The operation which killed 32 people in 20 prisons in total was conducted to enable conversion of the prisons to F Type prisons and to end hunger strikes in prisons on December 19, 2000.

The court decided to call Sadettin Tantan, the Interior Minister back then as the witness and adjourned the trial to January 26, 2023.

(09/161) Investigation Against Victory Party Executive for Hanging Banner in Istanbul…

It is learned that an investigation was launched against the Victory Party provincial chair Mustafa Can Kapan, for the banner reading “Local and National Escobar” hung in Fatih district of Istanbul on September 12, 2022; and that Mustafa Can Kapan made his official statement on September 15, 2022.

(09/162) Removal of Banner in Ankara…

It is learned that the banner reading “Local and National Escobar” hung at the Victory Party headquarters in Ankara was removed by the order of the prosecutor on September 15, 2022.

[1]The reports on the human rights violations of the Documentation Center are claims unless they are certified. The claim of violation either is certified through thoroughly investigations of HRFT Documentation Center, including by judicial verdicts, and becomes a definite data or it is not included to the annual report.

[2]To subscribe to the e-mail group: please write ‘daily human rights reports subscription application’ to the title of your e-mail and sent it to dokumantasyon@tihv.org.tr.

[3]https://www.facebook.com/TIHV.HRFT

[4] https://twitter.com/insanhaklari

[5] Daily Human Rights Reports are prepared on the information gathered by the Documentation Center from its own network and the following dailies and internet portals: Vatan, Milliyet, Hürriyet, Habertürk, Evrensel, Birgün, Cumhuriyet, Fırat Haber Ajansı, Jinnews, ETHA, Mezopotamya Ajansı, Yurt, Yeni Yaşam, NTV, Yeni Asya, Bianet, Halkinsesi.tv, Cnnturk, Tr724, İleri Haber, Siyasi Haber, Alınteri, Kızılbayrak, Sendika.org, Yüksekova Haber, T24, Diken, Gazete Karınca, Gazete Duvar. Haber Sol, El Cezire, BBC, Deutsche Welle, Reuters, AFP.