Öznur Değer

 

ANKARA - Lawyer Cemile Tuhallı Balsak conveyed Sebahat Tuncel's evaluations regarding the trial as follows: "This is a trial practice that is completely fictionalized, has a certain scenario, is initiated upon not giving a word and gives the appearance of someone's word, and gives the image that someone is suppressed."

 

The first hearing of the Kobanê Trial, which was initiated against 108 people, 28 of whom were arrested, including Peoples' Democratic Party (HDP) former co-chairs Figen Yüksekdağ and Selahattin Demirtaş, was held on April 26 at the Sincan Prison Campus. Reactions to the trial, followed by hundreds of lawyers and politicians, as well as many people, continue.

 

Cemile Turhallı Balsak, one of the lawyers of the trial, which was postponed to May 18, and also the lawyer of Sebahat Tuncel, shared her observations regarding the trial.

 

Cemile said that Sebahat Tuncel, former co-chair of the Democratic Regions Party (DBP), who was brought from the Kandıra Women's Closed Prison to the Sincan Closed Prison for Women, was kept in quarantine in a single cell. She stated that Sebahat Tuncel was not brought with her friends at the hearing. Stating that Sebahat's needs were not met and she was kept in isolation, Cemile stated that the quarantine process could be prolonged. Cemile added that every contact with the outside turns into a punishment by the prison administration.

 

‘It was a call to embrace humanity’

 

Stating that this trial is not an ordinary case, Cemile said that it was a special trial and that an extraordinary trial was carried out. Underlining that this trial cannot be expressed by law, Cemile noted that it is a trial that can be expressed with anti-law. Reminding that this trial back to 2014, Cemile said: "While ISIS has become a global threat in the world, a correct call was made from the HDP in Turkey. It was a call to embrace humanity. Over time, we have seen that it is a call that reveals some of the crimes of the government. Following a six-year investigation, Figen Yüksekdağ and Selahattin Demirtaş were arrested in 2020 after the political power and authorities were mentioned and targeted by some leaders of whom the President was a partner. This approach is a political move. Because while Selahattin Demirtaş was waiting for his release, this arrest was made. The trial started, but an attempt was made to read a 28-page summary of the indictment, which is expressed as 3530 pages."

 

‘Judicial police occupied our seats’

 

Stating that they witnessed that what was attempted to be implemented in the hearing was a scene, Cemile added that the general approach of the court was specific to them and the politicians. Cemile pointed out that it was aimed to make a formal trial and noted it was a scene based on the punishment of politicians. Emphasizing that they and the politicians on trial were not given the right to speak, Cemile said: "The microphones were turned off, the voice of the co-chairs who were connected to Sound and Video Information System (SEGBİS) was cut off. They were mostly unable to hear any of the statements and speeches made in the trial. Lawyers were not admitted to the courtroom, we were later taken upon our objection. Judicial police occupied our seats. Our objections to this were not taken into consideration. As the lawyers towards this unlawful attitude of the court, we stated that we would first reject it based on the fact that the court board did not make a fair trial. We told our clients that a word should be given at this point, even though we were given a short word regarding this and that their demands for the court would be expressed in detail by them. Even though we have clients who are being tried and under threat of punishment, the court wanted to proceed with a trial in its right as if they were not requested."

 

‘The court loses its legitimacy in case of objection from other parties’

 

Pointing out that the court board aimed to turn their resistance into the contrary resistance, Cemile stated that they had to leave the hearing after were not given a word to their clients. Noting that there was no legitimate trial, Cemile emphasized that the trial was prepared to satisfy a part of the public. Cemile said: "The comments made by the head of the court, his polemics and his not giving word to us show that the trial was designed for someone. After our recusation, the court had to make a direct stop decision. According to the rules of procedure and the rule numbered 5271, he should have decided to stop according to the stated criminal procedure law. Because a court loses its legitimacy upon an objection from the other party regarding your impartiality. He can no longer continue a judgment on procedure and merits. Even if he does, the trial will not be a real trial, it will be a pirate trial."

 

‘The state has the greatest male mind’

 

"We encountered a trial process that disregards even its legal laws", Cemile said and reminded the hearing was postponed to May 3. She stated that they have a seven-day process in writing regarding the recusation. Stating that they will make their statements in the form of additional statements and go to a higher court, Cemile pointed out that a higher court will have to make the decision. Underlining that Figen and Sebahat's microphone was cut off in the courtroom, Cemile continued her words as follows: “It is the sovereign policies and institutional structure of the state that has the greatest male mind. And all of these have always been built on masculinity norms and have created themselves in this way in life. In addition to the judiciary and political cases, we also see how gender inequality takes place in society, how much it deepens and disadvantages women. The basic point of view of the judiciary is that it always sees women as a target at this point."

 

‘The court board showed a reflex to break women's resistance’

 

Cemile pointed out that Figen and Sebahat, in addition to their political identities, carried out feminist struggle and integrated this with social struggle, underlining that they are female subjects who do what they believe. Noting that women's resistance is more visible in social events, Cemile stated that the court board showed a reflex to break this resistance. Adding that women voiced the most during the trials, Cemile said: "Sebahat also took the floor and expressed her objections that they could never be a part of this trial. Figen tried to express it similarly."

 

Sebahat Tuncel: A judicial practice with a fictionalized scenario

 

Stating that Sebahat was not only detained from this file, Cemile pointed out that the main detained file was seen at the Malatya 5th High-Criminal Court, and that she had been detained for more than four years from that file. Citing Sebahat's observations on the trial after her interview with Sebahat, Cemile said: "Sebahat was saying that "This is a practice of judgment that has been completely fictionalized, has a certain scenario, is initiated upon not giving a word, and that allows the words of someone to be seen and gives the appearance of being suppressed. She stated that the general attitude and general approach here is not that independent from the statements made by the other administrators, legal affairs officer, to whom the political power was a member, one day or two days ago. These are no coincidences. The return of each statement made by the members of the government in the public opinion is embodied in these judgments and reveals itself. That is why she always states that she is not surprised, that the trial itself is political. Therefore, I can say that she was not surprised at the approach and practice of the judges involved in the trial at this point."