ICTUR in Action: trial observation

Abstract

ICTUR IN ACTION ❐ TRIAL OBSERVATION platz. She was reminded that not only was this a restriction on the freedom of assembly but also a restriction on the freedom of expression guaranteed by both the Turkish Constitution and the European Convention on Human Rights. She was told that on 1 May 2014 the streets surrounding Taksim Square were closed at 4am. All transport to and from Taksim Square was blocked. There were no cars, no trains, and no boats. After each of the leaders made their oral submissions , the Judge summarised the main points which were taken down by the stenographer. She was also given a copy of the submission in hard copy. In some cases she asked follow up questions – in other cases she didn’t. When she did the questions were asked directly to the leaders who answered them directly – without seeking the guidance of counsel who were sitting in a panel on the right hand side of the courtroom. For example, referring to a video included on a CD that was attached to the Indictment, the Judge noted that Mr. Kani Beko was shown speaking to security forces. She asked whether he succeeded in going to Taksim Square. Mr. Beko responded that he discussed going with security forces but was denied access. Everything was blocked – even the handful of people who wished to lay flowers to commemorate those who died in 1977 were blocked. He concluded that it was effectively a state of emergency. Mr. Ahmet Özdemir Aktan, who represented the doctors’ union, was asked what prompted the police to use the pepper spray. ‘Tradition’, he responded. In response to her question whether the pepper spray was used all of a sudden she was told that it was released without any prior notification – at a forbidden angle and at a forbidden distance. After their oral submissions, the Judge then asked each of the leaders to enter a plea. They were each offered a five year suspended sentence , provided they do not violate any other laws, and they each rejected the offer and entered a plea of not guilty. On several occasions the Judge referred to a video that contained footage of the events of 1 May 2014. After the hearing resumed following a short break, the Judge played the video. Everyone in the courtroom focussed their attention to the small screen sitting on the bench beside the Judge. Three of the five leaders–Mr. Kani Beko, Mr. Lami Özgen and Mrs. Arzu Çerkezoğlu – could clearly be seen on the video. The footage also showed tear gas being released though it was unclear what prompted the authorities to do so as it seemed to have been fired quite suddenly. Once again the judge asked about Mr. Kani Beko about his discussion with the security forces and the attempts to lay flowAt the request of the DISK and KESK trade unions for a trial observer ICTUR arranged for Lori Ann Wanlin to attend proceedings in February 2015 in Istanbul INTERNATIONAL union rights Page 12 Volume 22 Issue 1 2015 O ver the past decades, more often than not, Turkish authorities have banned annual May Day celebrations at Istanbul’s Taksim Square. Despite the fact that Article 34 of the Turkish Constitution protects the right to peaceably hold meetings and demonstrations, the Law on Demonstrations and Public Meetings (Law No. 2911) has been used to prohibit celebrations and to prosecute those who organise or participate in gatherings. Five leaders of trade unions that represent a wide range of unionised workers from teachers to doctors, to architects and engineers were summoned to appear on Friday 6 February 2015 at the Istanbul Criminal Court of First Instance No. 28. Events at Taksim Square on 1 May 2014 were at the centre. Their case was heard before a packed courtroom. The Judge began the proceedings by confirming the identities of each of the five leaders who appeared before her– by verifying each leader’s occupation and income. Mr. Lami Özgen, CoPresident of the national trade union federation KESK; Mr. Kani Beko, President of the national trade union centre DISK; Mrs. Arzu Çerkezoğlu, General Secretary of DISK; Mr. Mehmet Soğanci, President of...