30/04/2025 | Writer: Oğulcan Özgenç
The panel of judges did not allow observers into the courtroom and complied with the Court of Cassation's decision to overturn the prison sentences given to the defendants. The next hearing will be held on May 22.
In the Esat-Eryaman case, which has been bouncing between courts for years, the total prison sentence of 62 years given to the defendants was overturned by the Court of Cassation in a 2023 hearing because the defense attorneys were not present.
Following the decision to overturn the ruling, the first hearing in the 19-year struggle for justice was held today at Ankara’s 30th High Criminal Court.
The hearing was observed by Pembe Hayat, 17 Mayıs, Kaos GL, Kırmızı Şemsiye, the Ankara Bar Association's Women's Rights Center, the Ankara Bar Association's LGBTI+ Rights Center, ÜniKuir Association, and SGYD.
The hearing started late due to technical issues with the SEGBİS (audio-visual courtroom system) connection. Police officers were present around the courtroom.
Despite objections from the lawyers, the panel of judges did not allow any observers into the courtroom. Defendants Şammas Taşdemir, Ahmet Günay, and Harun Çardak did not attend the hearing, while detained defendant Ayhan Günay participated via SEGBİS.
"I've dedicated 19 years of my life to this case"
At the hearing, the first to speak was Senem Doğanoğlu, the lawyer representing the Esat-Eryaman case. Her remarks were frequently interrupted by the presiding judge.
Doğanoğlu also commemorated journalist Ceren İskit, who had closely followed the Esat-Eryaman case and recently passed away, and said:
"The court panel is not allowing observers into the courtroom. This clearly violates the principle of open trials. The Court of Cassation showed 'sensitivity' regarding fair trial rights, but this must be applied to all parties. I have dedicated 19 years of my life to this case. For five years, this file couldn’t even find a court. The public is watching closely to ensure that this trial concludes fairly. In 2023, you made a decision just 15 days before the statute of limitations would expire. We are now in an extraordinary limitation period and once again face the risk of expiration. The court must issue a ruling by July 2029. We demand that the defendants be punished and that a decision be made without further delay."
Phone traffic in the courtroom
At the hearing, one of the defendants, Ayhan Günay, joined via SEGBİS from the prison where he is being held. Günay and his lawyer stated that their previous defenses remain valid and requested that the Court of Cassation’s decision to overturn the ruling be followed. Günay’s lawyer claimed there were inconsistencies in the case file and said, “We are requesting an acquittal.” The lawyer representing Harun Çardak and Ahmet Günay also requested compliance with the Court of Cassation’s reversal decision.During the hearing, attempts were made to reach the lawyer of defendant Şammas Taşdemir. After a phone call made by the court clerk in the courtroom, Taşdemir’s lawyer stated that he would not be able to attend the hearing.
Court complies with the Court of Cassation’s reversal decision
The prosecutor requested compliance with the Court of Cassation’s decision to overturn the previous ruling. The defense attorneys requested additional time to respond to the prosecutor’s opinion. The court accepted the Court of Cassation’s reversal and decided to issue a summons for Şammas Taşdemir and the other defendants who did not attend the hearing. The court also granted the defense attorneys' request for additional time.The trial was postponed to May 22.
What happened?
In April 2006, a gang attacked trans women in the Eryaman district of Ankara. Many trans women were forced to leave Eryaman. Some moved to different cities, while others relocated to the Esat neighborhood. The attacks continued there as well.Known to the public as the Esat-Eryaman case, the trial of four members of the gang who attacked the trans women dragged on for years between the Court of Cassation and lower courts. A verdict was finally reached in 2023. At the last hearing held on October 2, 2023, Şammas Taşdemir, Harun Çardak, Ayhan Günay, and Ahmet Günay were sentenced to a total of 62 years in prison for robbery and attempted robbery against trans women.
Tags: human rights, women, life
