ICTUR in Action: Trial observers

Abstract

ICTUR IN ACTION ❐ TRIAL OBSERVERS In the morning of 23 January 2014, dozens of KESK supporters and family members gathered in front of the Justice Palace premises to demonstrate their solidarity with the accused. Though the demonstration was pacific, a group of about 50 special police officers was ready to intervene. Shortly before the start of the hearings, some supporters of the accused – not related to the KESK – attempted to approach the Justice Palace premises. The police forces employed teargases to disperse them. Access to the courtroom was somehow chaotic . Dozens of family members, friends and supporters hoped to attend the proceedings. Only the international delegation has been granted full and unrestricted access to the courtroom. Other people had to wait in the lobby – private security guards would only allow a few people to enter the courtroom at a time. The private security guards’ attitude generated a lot of frustration. On the second day of the hearings, a rotation system was put in place by the supporters, thus ensuring that anyone who wished to attend the hearings could do so, at least in part. People were strictly forbidden to take pictures – those who attempted to do so had their camera confiscated. Conversely, discrete phone calls were tolerated. The atmosphere in the courtroom was sometimes tensed, sometimes good-natured. The Observer acknowledges that those strict access measures were warranted in the circumstances . The highly charged emotional climate surrounding the proceedings could indeed result in breaches of decorum. However, the Observer was informed of the existence of larger courtrooms elsewhere in the Justice Palace that could have accommodated the trial proceedings. The Observer wonders if the decision to hold the proceedings in a smaller courtroom was a deliberate attempt to restrict the publicity of the debates. Those of the accused who were subjected to pre-trial detention were guarded by an impressive number of gendarmes, who were following them every time they had to go out of the courtroom . The Observer nonetheless noted a relatively relaxed security atmosphere, which contrasted with the seriousness of the charges brought against the accused. The Parties The proceedings were conducted before a bench of three judges, one of which was presiding over the proceedings. The judges were assisted by a few clerks. The Observer understood that the Turkish Prosecution is, in principle, independent from the judiciary – although its representative wore the same robe as the judges and would exit the 167 members of KESK on trial The only ‘evidence’ adduced in Court appeared to be the declarations of the accused. It was not quite clear whether it was a trial per se or simply a procedural hearing INTERNATIONAL union rights Page 18 Volume 21 Issue 1 2014 The Observer, WILLIAM ST-MICHEL, works as an Associate Legal Officer for the UN International Criminal Tribunal for the Former Yugoslavia. The Observer is not employed by ICTUR or any trade union or affiliate. He attended the hearings in his personal capacity and not as a representative of the United Nations or the Tribunal O n 1 February 2013, a suicide bomber attacked the United States Embassy in Ankara (Turkey), killing one security guard. The responsibility for the attack was claimed by the Revolutionary People’s Liberation Party-Front (‘DHKP/C’) – an organisation regarded by the Turkish authorities as a ‘terrorist organisation’. On 19 February 2013, the police arrested 167 members and leaders of the Turkish Confederation of Public Workers’ Unions (‘KESK’) for their alleged relationship with the DHKP/C. Various charges under the Anti-Terror Law were brought against the accused. Most of the accused are public workers , including teachers, nurses and public servants. Some are journalists. On 23, 24 and 27 January 2014, 56 of the 167 persons arrested on 19 February 2013 appeared for trial before a criminal court at the Istanbul Çağlayan Justice Palace. The vast majority of the accused – 27 of which were detained pending trial – were facing charges of membership with a terrorist organisation and propaganda against the indivisible unity of the State. In addition to those two charges, one of the 56 accused was also charged with ‘leading’ a terrorist organisation. Upon the request of the KESK, the International Centre for...