- In the case filed against Istanbul Bar Association President İbrahim Kaboğlu and board members on charges of “terror propaganda” and “spreading misleading information,” the court issued an acquittal decision.
- In their defense statements, bar executives emphasized that freedom of expression, the independence of the legal profession, and the right to a fair trial were violated.
MLSA - An acquittal decision was issued in the case where Istanbul Bar Association President İbrahim Özden Kaboğlu and board members were tried on charges of “making terrorist propaganda via press and broadcast” and “publicly disseminating misleading information.” The decision was announced in the hearing held at the Marmara Prison Campus in Silivri by the Istanbul 26th High Criminal Court.
A case had been filed against the bar executives due to the statement they published regarding journalists Nazım Daştan and Cihan Bilgin, who lost their lives in Syria on December 19, 2024, with accusations of “publicly disseminating misleading information” and “organization propaganda.” The prosecution had claimed that the statement constituted “terrorist organization propaganda.”
In the trial that started on Monday and lasted five days in total, following the prosecutor’s final opinion on the merits, the bar board members gave their final defense statements, and on Friday, they gave their final words against the prosecutor’s opinion.
In their final words, bar executives emphasized that they defended freedom of expression and the independence of the legal profession.
Board member Bengisu Kadı Çağlar said, “If we have defended the inviolability of human rights and the legal profession, we are happy.”
Ekrem Bilen Selimoğlu said, “This case will be a test of opinion. You will decide whether we are a state of law.”
Fırat Epözdemir said, “We love justice enough to die for it.”
Yelda Koçak said, “If we had remained silent, we would have violated our duty.”
Hürrem Sönmez said, “Speaking of justice and human rights heals us; because we are people who believe another kind of world is possible.”
Mehmedali Barış Beşli said, “Is there law in Turkey? We are here because we believe in the law.”
Rukiye Leyla Süren said, “This case is not only against us, but against all bar associations.” She added: “No one should expect us to turn like a weather vane.”
Istanbul Bar Association President İbrahim Kaboğlu concluded his speech by saying, “As long as I live, I will work to make the law effective until my last breath.”
Kaboğlu emphasized constitutional rights and the democratic, autonomous structure of bar associations.
Kaboğlu emphasized that the right to a fair trial is systematically violated
Bar Association President Kaboğlu said, “If the requirements of a fair trial were respected, this would not be one of the most violated rights in Turkey.”
In his defense statement, Kaboğlu stated that instead of prosecuting real criminals, judges and prosecutors were occupied with cases opened due to expression of thoughts and political opinions. He emphasized the impartiality of the judiciary and that, in accordance with Article 19 of the Constitution, instead of detention, the principles of proportionality and judicial control should be observed.
Kaboğlu, reminding that Silivri Prison houses prisoners far beyond its capacity, said: “We see that 99 percent of them are detained in violation of the provisions of the Constitution.” He described this situation as an indicator of the legal crisis in Turkey.
The hearing was observed by Union of Turkish Bar Associations (TBB) President Erinç Sağkan, TBB board members, dozens of provincial bar association presidents, international legal organizations, and lawyers coming from Europe.
The hearing, which also received support from political parties, was followed by DEM Party MP Kezban Konukçu, Labor Party (EMEP) Chairperson Seyit Aslan, former CHP MP Süleyman Çelebi, and many political representatives.
During the hearing, the presiding judge frequently made warnings regarding the order of the courtroom.
After the lawyers gave their final words, the hearing was briefly recessed for the decision.
The court ruled that the legal elements of the crime did not occur in the statements made by the defendants and decided on the acquittal of all defendants.
After the decision, lawyers chanted the slogan: “The defense did not remain silent, and it will not remain silent.”
What had happened?
The Bakırköy Chief Public Prosecutor’s Office filed a lawsuit against Bar Association President İbrahim Kaboğlu and 10 board members due to a statement made by the Istanbul Bar Association concerning journalists Nazım Daştan and Cihan Bilgin, who were reportedly killed in a UAV strike in Syria.
In the indictment, it was alleged that the statement constituted the crimes of “terrorist organization propaganda” and “spreading misleading information to the public,” and a prison sentence of 3 to 12 years was requested.
Due to the same statement, a separate case was also filed before the Istanbul Civil Court of First Instance. In that case, the dismissal of the bar administration and the holding of an election were requested.
On March 21, 2025, the court ruled for the dismissal of the bar administration.
The Istanbul Bar Association and the Union of Turkish Bar Associations (TBB) opposed this decision, stating that it was contrary to the Constitution, the autonomy of bar associations, and the guarantees of the legal profession. They pursued legal remedies.
It was noted that the prosecution could not provide a finalized court decision proving that the two journalists mentioned in the statement were “members of a terrorist organization,” and yet still accused the bar administration.
