ANKARA - The lawyers who spoke on the 2nd day of the 3rd hearing of the Kobanê Political Genocide Trial emphasized that thoughts were being questioned.

 

In the 3rd session of the Kobanê Political Genocide Trial, in which 108 people, 28 of whom were detained, including the former Co-Chairs of the Peoples' Democratic Party (HDP) Figen Yüksekdağ and Selahattin Demirtaş, and the former Co-Chair of the Democratic Regions Party (DBP) Sebahat Tuncel, are on trial. The 3rd hearing continues on the 2nd day in Sincan Prison Campus.

 

‘You cannot decide what to say’

 

HDP former Radio and Television Supreme Council (RTÜK) member Ali Ürküt, who was present in the courtroom, requested additional time to defend himself. Then, while the chief judge wanted to go to the defense of the other detainees, the lawyers who took the floor stated that they would present their procedural objections. Reacting to the chief judge, the lawyers of the trial said: "You cannot decide what we will say."

 

Attacks on HDP buildings were asked

 

Cihan Aydın, the lawyer of Ali Ürküt, said: “They put 2900 complainants before us. De you have any observations or initiatives regarding the thousands of HDP buildings that were burned and destroyed between the same dates in this period? Does state have? No not. These are the issues that we need to discuss from beginning to end. We will try to continue our effort effectively from beginning to end, do not turn off our microphones”.

 

Evidence not included in the file was asked

 

Interrupting the lawyers, the chief judge said: "If you have procedural statements, I will take them." Cihan stated that his clients were accused of some media outputs included in the file and said: "We need to ask whether these were collected in accordance with the law. You cannot make an inquiry because of a so-called evidence that is not included in the file. But the Public Prosecutor asked. When we raise our hands, go to the report" and stated that yesterday, at the time of Ayhan Bilgen's defense, the prosecution questioned unlawfully about the newspaper news that were not included in the file.

Ali Ürküt's lawyer, Sezin Uçar, on the other hand, demanded that the Sound and Video Information System (SEGBİS) records be given to them and underlined that the board insisted on unlawfulness.

 

Participation of the complainants in the case was accepted

 

The prosecution, who took the floor, gave an opinion on the demands and said: "It is submitted that the requests that the case continues in accordance with the Code of Criminal Procedure (CMK) are rejected, and that the requests of the complainants to attend the hearing at this stage are accepted."

 

Decided unanimously without asking members

 

The chief judge, who has decided the opinion of the prosecution regarding the demands, without asking the other members of the board: "The request for participation is evaluated after the defense of the accused is received, the request for the re-take of the complainant's statements about Ali Ürküt is received again because the complainants are out of the city, and the request for reinstatement is rejected because the request for reinstatement and reinstatement is not in accordance with the procedure; Even if it is not decided to attend, since it is stated in Article 201 of the CMK that the lawyers and attorneys should ask questions, the request is rejected because the lawyers who attend the hearing as clients have the right to ask questions as required by law, it has been stated that the use of SEGBİS in Criminal Procedure can be monitored by those who request it in accordance with the regulation, and it was unanimously decided to reject the request for the submission of SEGBİS records, since there is no regulation regarding the submission of a copy of it."

 

Chief Judge continues the tension

 

The chief judge wanted to continue the questioning according to the order in the indictment. When the lawyers wanted to take the floor, the chief judge raised his voice and said: "If you are going to defend, do it."

 

Politicians demand time

 

Upon this, HDP former Central Executive Board member Bülent Parmaksız stated that the additional folders were not delivered to them and requested additional time.

When the lawyers wanted to speak again, the president of the court said: "Let's take off the robe and you sit down."

Taking the floor, HDP former Central Executive Board member Berfin Özgül Köse stated that she wanted to meet with her lawyer. Berfin met with her lawyer in a reserved place in the courtroom.

HDP Central Executive Board Member Alp Altınörs, who stated that he was interrupted by the chief judge, also requested additional time for the defense.

 

Lawyers’ microphone turned off

 

After the tension between the chief judge and the lawyers, who did not give the lawyers the right to speak, the microphones of the lawyers were turned off. The chief judge, who did not give the lawyers the right to speak, wrote in the minutes, "They spoke without taking a floor." Lawyers reacted to the situation.

 

‘So-called constitutionalism is declared in regimes where everyone is declared a terrorist’

 

HDP Party Council (PM) member Can Memiş stated that the investigating authority did not see goodwill and the authority did not act objectively. Can said: “A person with such serious accusations cannot be left out for nine and half months. During the Kobanê protests, HDP Diyarbakır MP İmam Taşçıer's shop was damaged, and he filed a complaint. But somehow, İmam Taşçıer becomes a MP in HDP four months later. If the HDP is responsible, why should someone who has been damaged by the incidents become a member of the HDP? In regimes where everyone is declared a terrorist, so-called constitutionalism is declared.”

 

‘You cannot question thought’

 

Speaking afterwards, Can Memiş's lawyer, Fikret İlkiz, said: "You can ask any question, you ask, and you did. Among these questions, you specifically say that; ‘Can you explain to us what the regime is you want?’ The indictment is not charged because of the regime. If you accept the method of asking the same question in the defenses to be made from this, this is a very old understanding. This is the concept of the indictment. Again, you ask; ‘What did you mean by your tweets? Did you think that the first tweet could be death?’ In other words, you are asking for his opinion. You do not ask what they think. They are already on trial for what they think through the indictment. You ask about the KCK, the prosecutor asks the questions you asked again. Asks about the date of being a member to the HDP. If you have not researched, you are asking this question, you have not done your duty as a prosecutor, you will find out. This indictment is a criminal case opened to prove everyone present here as innocent. Likewise, this crime says, ‘You have seen many accusations in this sense.’ The prosecution says, 'Have you been punished for another crime?'. Am I going to investigate whether he has been punished? You just asked about the ongoing case in Istanbul about my client.”

 

HDP former Central Executive Board Member Pervin Oduncu, who was present in the courtroom, was met in the courtroom with her mother, who had health problems.

The hearing was adjourned for one hour.