The co-spokesperson of the HDP Commission for Law and Human Rights, Nuray Özdoğan, and lawyers Cenk Yiğiter and Çiğdem Kozan gave their assessments of the course in the so-called "Kobanê trial" at a press conference at the party headquarters in Ankara on Tuesday. In the trial, 108 defendants, including the former executive committee of the Peoples' Democratic Party (HDP), are accused of terrorist offences and murder in dozens of cases in connection with the protests from 6 to 8 October 2014 during the ISIS attack on Kobanê. 21 defendants are in prison.

Özdoğan described the trial as a political show trial directed not only against the HDP, but against all circles close to the party: "The ruling government continues to imprison the politicians of the HDP, whom it considers a threat to itself, with fabricated and invented evidence. Supposed evidence continues to be fabricated. This trial is being conducted by those who feed on war and conflict against those who defend the democratic, free life that the HDP stands for and fights for politically. At the same time, we are witnessing a politically motivated mass trial that shows the character of fascist times. As you know, the investigation started with a tweet allegedly sent from HDP's Twitter account. The tweet aimed to protect the right to life of women and children who were threatened by genocide by ISIS. This actually clearly shows which side those who are leading this process are on.”

Özdoğan continued, “The fact that people who have lost their lives have been made part of the government's political calculations and that the true circumstances of their deaths and those responsible for their deaths have not been established is also a painful picture. It cannot be said that these proceedings, presided over by a member of the judiciary who is allegedly the head of a gang within the judiciary, are judicial proceedings. All the proceedings in this file are political and have no legal character. A trial is being conducted in which the right to defence is suspended, the defence is limited in time, evidence is discussed according to the whims of the court and the prosecutor, evidence is presented behind closed doors and lawyers try to stand up for what is right under threat and pressure. We believe that the trials conducted by those who use their robes as a cover for themselves have nothing to do with law and justice."

YİĞİTER: IT’S ABOUT REVENGE

Lawyer Cenk Yiğiter summarised his assessment as follows: "We have defined this trial as a conspiracy from the beginning. There is no doubt that it is a conspiracy against the HDP and its politicians, but that is not all. This trial is a trial in which the red lines of modern law and modern procedural law are openly and blatantly violated at every stage. The conspiracy is in fact a conspiracy against the law. It is a conspiracy against the Constitution and the idea of human rights. It is an act of revenge, and although the HDP is affected, we are in a process where the legal security of all citizens is at risk."

Yiğiter pointed out that there is already a court ruling by the European Court of Human Rights (ECtHR) on the HDP's call of 6 October 2014: "The Grand Chamber of the ECtHR has given a ruling on this case. It says that these calls were entirely within the framework of political expression. It says there is no causal link between these calls and the serious acts of violence on 7 and 8 October. In order to circumvent the ECtHR's ruling, both the prosecutor and the court state in their judgments that there is evidence that the ECtHR does not examine and is not aware of. This evidence is merely testimony, the testimony of witnesses kept secret. None of it is based on concrete information and observations. It is not even an assertion, but largely speculation. The court treats these witnesses as expert witnesses."

KOZAN: WE DEFINE IT AS ENEMY CRIMINAL LAW

Lawyer Çiğdem Kozan pointed out that the witnesses' testimonies were refuted during the trial and said: "The witnesses have made statements that are completely based on lies. We would also like to express that the court continues its behaviour, such as its irregular findings and not answering our questions to the witnesses. We define this as enemy criminal law. Holding a trial with witnesses whose testimony cannot be trusted is hostile law. The contradictory testimonies are used by the court to justify the remand of the accused. In doing so, the court cherry-picks the statements it wants.”

"The court is judging the HDP, the political content of the HDP, opposition members, Kurds and women. It is aware that it is conducting a political trial. In such an illegal trial, it is necessary that the trial is observed by broad circles," said the lawyer and called for the trial to be observed.