ANKARA - The second hearing of the Kobanê Trial continued with the defense of HDP former Co-Chair Selahattin Demirtaş. The chief judge recessed the hearing for an hour.

 

The second hearing of the Kobanê Trial is continuing, in which 108 people, 28 of whom were arrested, are being tried, including Peoples’ Democratic Party (HDP) former Co-Chairs Figen Yüksekdağ and Selahattin Demirtaş.

At the hearing, after the documents were read, the prosecutor asked the court whether the request for recusation has not been decided yet, therefore the defense on the merits should not be taken, and whether it should also state its request regarding the detention review.

 

Noting that the detention review will not be carried out for not more than 30 days, the court board did not receive the request of the prosecutor's office.

 

Speaking afterwards, Mehmet Emin Aktar, the lawyer of HDP former Co-Chair Selahattin Demirtaş, stated that the detention review should be done at every hearing. Mehmet Emin said: “You responded to the prosecutor's request by saying that 30 days have not passed. 30 days is a maximum period, but in trials where there are so many accusations, a detention review must be carried out at every hearing. Now, if you are going to make an interim decision and postpone the hearing by giving the right to speak from both the lawyers and the detainees, you should also carry out the detention review.”

 

Lawyers: We know our rights

 

The court board asked the lawyers to make a division of labor among themselves that they would promise to receive their statements. The lawyers who took the floor said: “According to the law, lawyers have the right to speak without the decision of the court. We know our authorization. Whether we can make an internal ranking is not at the discretion of the court.”

Lawyers said: “You have given time to submit our request for recusation of the last hearing judge. You asked the request in writing, but before the objection period expired, you gave a hearing to May 3. The hearing has been postponed due to the pandemic and we have expired to appeal.”

 

‘We have something to say about the procedure’

 

The court board gave the floor to HDP former Co-Chair Selahattin Demirtaş from Edirne F-Type Closed Prison with the Sound and Voice Information System (SEGBİS). Speaking about the recusation, Selahattin said: “We have to say about the procedure. We had previously submitted our request for recusation in writing, today I want to record it verbally. Because our request for recusation is not request of any incident that took place at the hearing. Therefore, in accordance with the principles of every criminal trial, we will verbally transmit all our requests to your court and demand from your court to establish various interim decisions. Therefore, I want to use the promise given to me in this way.”

 

‘The most obvious indicator of political judgment’

 

Selehattin, who noted that the previous hearing had the objection of the lawyers of the court board regarding the attitude of proceeding, said: “Our objections are not about this. These are objections to the procedural actions taken by your court in the negotiation report received by your court as of December 30. Therefore, I would like to record them and state our demands one by one. At a time when politics became so dirty and corrupt, and immorality became apparent, I state that my friends are accused of such accusations here as the most obvious indicator of political judgment.”

 

Intervention from the chief judge

 

Interrupting the words of Selehattin Demirtaş, the chief judge said: “We do not take defense, we take your demands, let's not confuse them.” While Selahattin stated what he said for the report, the chief judge once again intervened and said: “According to Code of Criminal Procedure (CMK), you can only listen to the witnesses without interruption, you can ask questions to the defendants, there is no obstacle in this regard.”

The chief judge intervened once more, intervening in the defense.

 

Saying that parties fight each other in assemblies, squares, and ballot boxes. Noting that even in the most fascist orders, it would not dare to judge another party by wearing robes and putting itself in courtrooms directly to the judiciary, Selahattin continued: “When the people give the necessary answer to the Justice and Development Party (AKP) – Nationalist Movement Party (MHP) fascism at the ballot box, we will do our best to make sure that the main responsible, the real criminals, stand before the independent judiciary, and that everyone who is part of the plot to be accountable before the law, and continue our legal and political struggle. Do not worry, I say to the whole Turkish society. Do not worry, the wheel is gonna turn. Now, in the light of these explanations, we will explain item by item.”

 

Re-intervention from the chief judge

 

Selahattin was once again interrupted by the chief judge. The president of the court said: “Look, if you do not want me to turn off your voice, please write down your request for refusal and procedural objections. According to Article 26 of the CMK, you have to give it in writing. You can also make a statement that you will print to the minutes clerk. You could do this in prison or send it to us in writing. At the beginning of your speech, you state that you will request the recusation of the court due to the behavior of the court since the trial was filed. I have to remind you of the period specified in Article 31/1 (a) of the CMK.”

There was one-hour recess to the hearing.