Trial Monitoring

Lawyer Özüm Vurgun acquitted in first trial after a month in custody

Lawyer Özüm Vurgun acquitted in first trial after a month in custody

In Diyarbakır, lawyer Özüm Vurgun, former co-president of the Association of Libertarian Lawyers (ÖHD), was acquitted in the first hearing of the case where she was accused of "membership in an organization." Vurgun had been detained for a month following the testimony of a confessor witness, Ümit Akbıyık, which led to her arrest during a raid on her home on April 25, 2023.

The case was heard at the Diyarbakır 4th High Criminal Court, where Vurgun was charged with attempting to dismantle or disrupt the constitutional order among other accusations related to her involvement in press statements and advocacy activities. Vurgun defended herself by asserting that the case was based solely on the coercive statements of a confessor witness aimed at escaping criminal charges. She emphasized that her participation in press releases was part of her legitimate activities as a defense attorney.

During the trial, the confessor witness Akbıyık reiterated his previous statements, claiming that Vurgun had held a responsible position within the ÖHD and that the association provided legal support to those imprisoned or detained.

Prosecutors sought a conviction for "membership in an organization," but Vurgun’s defense highlighted the criminalization of legal advocacy in her case. Ekin Yeter, Vurgun’s lawyer and co-president of ÖHD, argued that the prosecution was part of a legal and political conspiracy aiming to criminalize the activities of the ÖHD. Yeter stressed that the ÖHD does not operate under any external directives or orders and that the case represented a dangerous precedent for legal practices in Turkey.

Nahit Eren, President of the Diyarbakır Bar Association and another of Vurgun’s lawyers, pointed out procedural violations in the case, including the failure to obtain necessary permissions under the Attorney Law to investigate Vurgun, and the breach of the confidentiality obligation expected of a lawyer.

Ruşen Seydaoğlu, another defense attorney, argued that the indictment criminalized Vurgun's participation in press statements made with civil society organizations concerning human rights violations in the city. Seydaoğlu expressed that framing the right to freedom of expression as a criminal act was a violation of human rights and urged the court to stop treating every act of assembly, demonstration, and expression as an organizational crime.

Ultimately, the court determined that the charges against Vurgun were unfounded and acquitted her. The case against Vurgun was one of several following nationwide raids on April 25, 2023, that resulted in the detention of nearly 200 individuals including journalists, politicians, artists, and civil society members, highlighting ongoing tensions over the freedom of expression and legal advocacy in Turkey.

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