27/09/2024 | Writer: Nalin Öztekin
The university’s Legal Consultancy Office asked the court if the five students, who were detained during the 4th Eskişehir Pride March and are currently facing legal proceedings, would be allowed to continue their education at the university.
On 9 June, the Eskişehir Pride March was forcibly halted by police, resulting in the violent detention of 10 people. These detainees now face charges under the Law on Meetings and Demonstrations. The Eskişehir Chief Public Prosecutor’s Office has issued an indictment against all those detained on the day of the march, on charges of “participating in illegal gatherings and marches without weapons, and failing to disperse spontaneously despite warnings.” Additionally, some participants face charges of “resisting the police and preventing them to carry out their duty.” Eskişehir 16th Criminal Court of First Instance accepted the indictment and set the first hearing date as 18 February 2025.
Before the hearing was set to take place, the Legal Counselling Office of the Anadolu University Rectorate made an unprecedented move in the school’s history.
The university asked the court to determine whether the students’ education could continue. In a petition submitted to the Eskişehir 16th Criminal Court of First Instance, the A.Ü. Legal Counselling Office inquired about the status of the five students on trial, stating that “the question of whether the student status of the five students on trial can continue is fundamental to the procedures to be carried out.” They requested that the court’s decision on the matter be sent to the university.
“The language of the petition gives the impression that the decision to end our clients’ education had already been made”
Lawyer Esra Başbakkal, who represented the students, shared her thoughts with KaosGL.org regarding the situation:
“A public lawsuit was filed against our clients for participating in a march outside the university, based on Law 2911. Our clients’ freedom of expression was violated by law enforcement when they were taken into custody, and the lawsuit itself represents another infringement on their freedom of expression. Additionally, Anadolu University submitted a letter to the court on 26.09.2024, asking whether our clients would continue to be students or not.
With this action, the university not only endorses the violation of the right to freedom of expression but also perpetuates it. The language of the petition gives the impression that the decision to end our clients’ education had already been made. In a normal disciplinary investigation, evidence is first gathered, the relevant article under which the investigation will proceed is identified, and then the investigation continues accordingly. Here, we see an inquiry within the scope of dismissing our clients as students without allowing for their defense and without even understanding the scope of the court case. This violates the presumption of innocence, as outlined in Article 54 of the Law on Higher Education, especially when there is not enough basis to expel someone from their student status.”
Tags: human rights, education
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