The trial of 20 people, including journalist Fatoş Erdoğan, who was covering protests following the appointment of a government trustee to lead the Istanbul provincial branch of Turkey’s main opposition Republican People’s Party (CHP), was postponed after defendant Ebru Oruç failed to appear in court.
The court continued hearing additional defense statements from the defendants after an error in the original indictment was corrected through a supplementary indictment. However, the proceedings could not advance to the stage at which the prosecutor presents a final opinion on the case.
The hearing in the trial of 20 people, including journalist Fatoş Erdoğan, who was covering protests outside the Istanbul provincial headquarters of Turkey’s main opposition Republican People’s Party (CHP) following the appointment of a government trustee to lead the party’s provincial branch, was held at the Istanbul 9th Criminal Court of First Instance. The defendants face charges of “publicly inciting the commission of a crime.”
Erdoğan and her lawyer, Elif Ergin, attended the hearing, along with defendants Ömer Faruk Mangaltepe and Muhammet Mesut Yıldız.
Ergin reiterated her previous defense statements, calling on the court to address deficiencies in the case file and acquit her client.
The court record also noted that Erdoğan reiterated her previous statements.
Additional defense statements heard after indictment error
The judge, prosecutor and lawyers waited nearly an hour for defendant Cem Kılıç to arrive at the hearing. Kılıç, who arrived late because of traffic, said he stood by his previous defense statement and had nothing further to add.
The delay was necessary because the defendants were required to provide additional defense statements after an error in the original indictment was corrected through a supplementary indictment. Parts of the original indictment had been found to have been copied from an indictment in a separate case involving a YouTube program called Soğuk Savaş (Cold War). The error was corrected through a supplementary indictment prepared two hearings earlier.
As a result, defendants who had already presented their defense statements must provide additional statements. Until all additional defense statements have been heard, the case file cannot be referred to the prosecutor for a final opinion on the merits of the case.
‘Sokak Kedisi’ fails to appear in court, hearing postponed
The court postponed the hearing after defendant Ebru Oruç, who conducts street interviews on YouTube under the name “Sokak Kedisi” (Street Cat), failed to appear, preventing the court from hearing her defense statement. As a result, the case could not proceed to the stage at which the prosecutor presents a final opinion.
The next hearing is scheduled for Dec. 23 at 9:30 a.m.
Background
The 20 defendants, including journalist Fatoş Erdoğan, were charged with “publicly inciting the commission of a crime” over social media posts responding to reports that a government trustee would be appointed to lead the Istanbul provincial branch of Turkey’s main opposition Republican People’s Party (CHP). The indictment cited the defendants’ social media posts and news reports as grounds for the charges.
While the original indictment sought to punish the defendants for “publicly inciting the commission of a crime,” its concluding section also included a charge of “inciting hatred and hostility among the public or degrading sections of the public” under Article 216 of the Turkish Penal Code (TCK). It also emerged that parts of the indictment had been copied from a separate indictment involving the YouTube program Soğuk Savaş (Cold War).
A supplementary indictment prepared ahead of the third hearing resolved the discrepancy between the charges, leaving the defendants facing only the charge of “publicly inciting the commission of a crime.”
At the same hearing, the court lifted all judicial control measures imposed on the defendants.
