Police Intervention in Trial against Journalist and TİHV Executive

The latest hearing of the trial filed by Nur Birgen, chair of the Institute for Forensic Medicine 3rd Specialization Chamber, against Prof. Dr. Şebnem Korur Fincancı, board chair of the Turkish Human Rights Foundation (TİHV) and Barış Yarkadaş, chief editor of "Gerçek Gündem.com" ended in a police raid.

Birgen is pressing charges of "insult" against Fincancı and Yarkadaş on the grounds of the contents of an interview with Fincancı. The TİHV board chair and the editor-in-chief are each facing two years and eight months in prison. A discussion evolved out of the fact that Birgen was absent again at the hearing on 30 September.

The case is heard at the Kadıköy (Istanbul) 2^nd High Criminal Court presided by President Judge Filiz Tüysüz. Defence lawyer Ömer Kavili criticized Birgen's non-attendance and addressed Tüysüz: "Birgen does not take this court seriously and just keeps it busy".

Lawyer Kavali argued that Birgen caused a procrastination of the trial due to her continuous absence. "Let us fix a date that suits her. She should come on that day since she has not attended the last three hearings", he suggested.

Birgen's lawyer Tanıl Başkan replied, "You cannot talk like that. You appear at court with eight lawyers. What is the reason for that? What are you trying to do?" Judge Tüysüz tried to propitiate the litigant parties when the discussion was escalating. However, she called the police when the lawyers did not calm down.

Judge cancelled the hearing

Fincancı's lawyers criticized the cancellation of the hearing: "We will not leave this court room even if the police come. We will note this situation in the minutes". By then, eight police officers had already entered the court room.

Tension rose even further when Fincancı's lawyers criticized judge Tüysüz and said, "You do not write down what we say for the record. You cannot fulfil your duty". The joint attorneys of the defence demanded the police officers to leave the court room. Judge Tüysüz took off her robe and cancelled the hearing without giving a new date.

Date of next hearing unclear

Meanwhile, about 30 people from the audience were expelled from the courtroom, among them the former TİHV president Yavuz Önen. The defence lawyers requested to take the registration numbers of the police officers for the record. A fierce altercation developed between complainant Birgen's lawyer Tanıl Başkanı and Fincancı's joint attorneys.

Fincancı's joint attorneys demanded to bring complainant Birgen to court by compulsion since she had not attended any of the three hearings. Judge Tüysüz demanded to have the room vacated and said that she would inform the involved parties about a new date of the hearing.

Yarkadaş criticized journalist Bulut

Chief editor Yarkadaş criticized journalist Yiğit Bulut in a statement after the hearing. Bulut had suggested "establishing a Supreme Board for columnists and internet sites". Yarkadaş argued, "I think this way also Yiğit Bulut got to know that we are being prosecuted and that we are subject to the law. Yiğit Bulut thinks that internet sites are not being audited. That is the reason why he wants a Censorship Board". (EÖ/VK)