Arrested in the Silivri Prison for 1,602 days, Osman Kavala as well as Mücella Yapıcı, Çiğdem Mater, Ali Hakan Altınay, Mine Özerden, Can Atalay, Tayfun Kahraman and Yiğit Ali Ekmekçi faced their fifth hearing in the Gezi trial at the İstanbul 13th High Criminal Court today (March 21).

Osman Kavala, the only arrested defendant of the case, attended the hearing via video conference by using the Audio and Visual Information System (SEGBİS) while the other defendants were present in the courtroom. The hearing was followed by nearly 200 people, including consulate officials, NGOs and journalists.

While the final ruling was expected to be handed down at today's hearing, the court board has given time to defenders and their lawyers until April 22, 2022 as they objected, requesting time to make statements as to the accusations. The court has rejected the requests to extend the investigation and ruled that Osman Kavala's detention shall continue. 

At the hearing, the rights defenders made their defense as to the accusations expressed in the final opinion as to the accusations pronounced by Prosecutor Edip Şahiner on March 4 between the hearings.

Before the defense statements, Can Atalay, a lawyer and defendant of the case, wanted to make a statement as to the procedure. He had a brief argument with the judge in the meantime. Atalay said that no defense statements could be made without the deficiencies in the procedure being rectified. Atalay said, "If we had not objected, your board would not have even taken our statements as to the reversal. You took our statements as to the reversal by insistently calling them 'defense'."

Addressing the judges, Atalay asked, "Dear judges; what judicial activities have you undertaken in our file?". He said, "We defended not ourselves, but Gezi. We will continue defending Gezi". He added, "We want to give an answer to the accusations, but first hold a trial".

He asked, "You listed a number of accusations in your indictment, yet how did you prepare a legal opinion without completing the necessary procedural actions? And how are we then to present a defense?"

'It is not right to reach a verdict'

Kavala's lawyer, Köksal Bayraktar, took the floor afterwards. He said, "You had the defendants' statements at the 30th High Criminal Court repeated and did nothing else. You did not address the merits".

"You now aim to directly reach a verdict. My client is imprisoned for more than 4 years, and the court fails to fulfill the procedure," he said, adding, "We are faced with something that does not happen in any court case. Though there is the prosecutor's office, ministers intervene in the trial. They say, 'We are 700 complainants but even a single one of them has not been brought to court. As this is the case, it is not right to reach a verdict".

Lawyers requested time for statements

Taking the floor, Ali Hakan Altınay's lawyer, Tora Pekin, said, "Not a single piece of evidence is brought to the file or discussed. You rejected all demands for the collection of evidence. What would you think about the reaching of a verdict in a case file where no evidence is discussed?"

Tora Pekin reminded the court that Turkey requested time up to 6 months from the European Court of Human Rights (ECtHR) in relevant detailed cases and asked how this court could expect a final defense to be prepared in two weeks; Pekin demanded time.

Can Atalay, Mücella Yapıcı and Tayfun Kahraman's lawyer Evren İşler also stated, "In whichever way you 're-evaluate' this file, it is impossible to reach a verdict at this stage. We demand closer investigation of the problematic evidence, tapes and voice recordings".

Taking the floor after lawyer Evren İşler, defendant Çiğdem Mater's lawyer Hürrem Sönmez briefly said, "In the prosecutor's opinion, there are sentences that affirm, 'It has been understood...' ... Regarding my client, it is stated that, 'It has been understood that her documentary was left incomplete because the Gezi insurrection failed'. I, as her lawyer, don't know such a reason. How did you 'understand'?"

Speaking at the hearing, Yiğit Aksakoğlu's lawyer, Serdar Laçin, also requested time to prepare his statement regarding the prosecutor's opinion, and also requested an extension of the inquiry.

Osman Kavala: No information, no effort

Via SEGBİS video link, Osman Kavala stated that he agreed with his lawyers' requests for the extension of the inquiry.

The presiding judge asked Osman Kavala of his view regarding the prosecutor's view, Osman Kavala briefly said: "There is no information in the case file related to the accusation of spying that I face, nor is their any effort on the prosecutor's side to find such information."

His lawyer İlkan Koyuncu spoke afterwards: "You accused an individual with spying, you have declared him a traitor. Now, in the prosecutor's opinion, this accusation itself is rendered an element of another crime."

No change in the interim ruling

Following the statements of the lawyers against the prosecutor's demand for the continuation of Osman Kavala's detention, the judge declared a recess.

Handing down its interim ruling afterwards, the court board has given time to the defendants and their lawyers time "for one final occasion" to prepare their statements and ruled for the continuation of Osman Kavala's detention. The court board has also rejected the requests for extending the investigation. The next hearing will be held on 22 April at 10 am.

Source: Bianet