24/05/2024 | Writer: Oğulcan Özgenç
We spoke with LGBTI+ rights activist and former HDP FMC member Cihan Erdal, who has been sentenced to 16 years in prison in the Kobanê Case.
The final hearing for politicians from the Peoples’ Democratic Party (HDP), publicly known as the Kobanê Case, took place on 16 May at the Ankara 22nd High Criminal Court. The court denied requests to postpone the hearing and issued verdicts.
Cihan Erdal, alongside former HDP Co-Chairs Figen Yüksekdağ and Selahattin Demirtaş, as well as members of HDP’s Central Executive Committee (MYK), was on trial and received a 16-year prison sentence. Erdal, an academic and LGBTI+ activist, was arrested in 2020 while conducting field research in Turkey for his PhD at Carleton University in Canada. He was released in 2021 and returned to Canada.
We spoke with Cihan Erdal about the verdicts regarding the Kobanê Case.
The final hearing of the Kobanê Case had been held recently. You were also on trial in this case, which has been noted for its many legal irregularities. Although the detailed ruling has not yet been released, reports indicate that you were sentenced to 16 years in prison. What was your reaction when you first heard the verdict?
I was not surprised by the verdict, we were already expecting it, because we knew it would be a political decision. Even in the previous hearing, the verdict was expected. The court committee had said they couldn’t deliver the verdict right after the elections, leading the public to speculate about how the case would be influenced by the much-discussed ‘normalization’ and ‘softening’ processes.
I anticipated this verdict for myself and for our other friends, so it didn’t come as a surprise. That’s why I was prepared. We woke up early on the day of the verdict hearing and learned the news at the breakfast table. My lawyer, Arif Ali Cangı, was in Ankara. We didn’t greet the news with dismay. I had Ahmet Kaya’s famous song “Sürgün Acısı” (The Pain of Exile) on my mind all day, particularly the verses “Dönecekler bir gün, alkırlara, bozkırlara…” (They will be back one day, bringing the sun to the country and steppes…) I also found myself humming “Gitmeliydik” (We Should Have Gone) by the band Mozaik, another song I love.
Throughout the day, I tried to respond diligently to the hundreds of support messages from friends and acquaintances. My mum, dad, and brother hold themselves inreadiness however understandably a bit sad. This situation is not something an Aegean family is used to. I spoke to them, and we ended the call with laughter. I was very happy for our friends who were released and those who were acquitted, though my thoughts remained with those still in prison.
From the moment I heard the verdict, I’ve been in a state of greater resistance. My determination is stronger than it was before the verdict. My exile is now confirmed, making it difficult for me to return home until this unjust, unlawful, and politically motivated trial is relegated to history. I believe that this won’t take long. If Turkey adheres to its constitution and the international conventions it is bound to, meaning if genuine normalization occurs, this case will dissolve, and we will be acquitted.
“The case targets the possibility of peace, attempting to block any route to social harmony”
What do the verdicts in the Kobanê Case mean for Turkey? What have those who made these judgements done?
The verdicts in the Kobanê Case reveal the politicized nature of the Turkish judiciary, reflecting a broader pattern of suppressing political dissent. The varying sentences aim to create an illusion of fairness, but the heavy punishments for HDP members highlight a political motive.
The judgements are seen as acts of political retribution. I received a heavy sentence because of my HDP membership and active participation in its executive committee. This case, from the beginning, has been about revenge—stemming from discomfort with the strong resistance against ISIS and Erdoğan’s electoral defeat in June 2015. It is also part of a state policy marked by Kurdish hostility, aiming to stifle the possibility of peace and democratic progress. The trial targets the possibility of peace, attempting to block any route to social harmony.
Being detained unexpectedly and seeing the court’s militant adherence to political directives underscored the challenges of achieving democratic transformation in Turkey. The tcase sought to demoralize and subjugate us, targeting the Kurdish movement and its democratic allies. Despite this, I believe the effort is futile.
My greatest regret is that these unlawful actions, exemplified in both the Kobanê and Gezi Case, affect the entire country. Figures like Selahattin Demirtaş, Nazmi Gür, Günay Kubilay and others dedicated to labor, human rights, and peace are held hostage, hindering Turkey’s progress towards a more democratic and peaceful future.
The Justice and Development Party (AKP)- Nationalist Movement Party (MHP) government, which orchestrated this case and imposed heavy sentences, is making the entire Turkish society pay a heavy price.
From the beginning, I didn’t attempt to counter the baseless allegations against us. Instead, I continued to speak out consistently during and after my imprisonment. Each of our defenses has built a political narrative that articulates our identity, politics, worldview, and the democratic future we envision for Turkey. This is our strength: our words, our righteousness, the knowledge and experience we've gained from history, and, despite everything, our determination and confidence to be the founding force of a democratic future alongside all our differences.
“More systematic and robust democratic reactions are needed”
Was the political opposition in Turkey able to react sufficiently to what happened in the Kobanê Case?
From what I can see, there was a significant reaction. The participation and support of opposition parties during the final judgement hearing were important, with strong involvement from the CHP delegation and other socialist party components. However, we must collectively ask, “Is it enough?” This ongoing project of subjugation and the resulting heavy sentences should not be normalized. More systematic and robust democratic reactions are needed.
I have received tremendous support from the LGBTI+ movement, the political movements I am part of, green ecologist movements, various social movements, and academic circles. There is also ongoing support from friends, politicians, and fellow academics in Europe and North America. At this point, we cannot say that the public and society’s conscience has accepted this case and the sentences imposed. This is a significant gain. The future will be shaped by the reactions of society and the political strategies we develop.
“We were sentenced based on a single tweet”
What kind of rights violations were there during the Kobanê Case?
The biggest rights violation is the arbitrary arrest and prolonged detention of myself and my friends. This unjust imprisonment has stolen years from the lives of politicians, which is an immense violation of rights.
The indictment itself is a violation, written with a level of incompetence worse than a stale TV series script. From the beginning, our right to a fair trial was violated. Imagine, the judge who accepted the prosecutor’s indictment and ruled for continued detention for months was later revealed to be a gang member and is now under house arrest. Normally, this would invalidate the trial, but the court committee continued as if nothing happened with a new assignment.
In 2021, the United Nations Working Group on Arbitrary Detention issued a detailed judgment about me, confirming my detention was arbitrary. This judgment, sent to the Ministry of Justice, called on the Turkish government to restore my freedom unconditionally. More importantly, the Grand Chamber of the European Court of Human Rights ruled in December 2020 that Mr. Demirtaş’s rights were violated and he should be released immediately. This ruling explained that the HDP executive committee’s tweets, which are the basis for our sentences, could not be considered criminal. Despite this, we were sentenced based on a single tweet, against international conventions that Turkey is bound by its constitution to uphold.
Prison conditions were inhumane from the start, and as an openly LGBTI+ activist, I faced the constant risk of symbolic and physical torture. Among our friends still imprisoned are sick individuals like dear Nazmi Gür, which is extremely concerning.
“The political and social opposition must unite more strongly, overcome prejudices, and act with courage”
What should the political and social opposition do from now on? What will you do?
Moving forward, the political and social opposition must unite more strongly, overcome prejudices, and act with courage. We are stronger than the current rulers of the country, and we must operate with confidence, solidarity, and preparation for the future. It’s crucial to draw from the collective memory of past struggles for social justice, equality, and freedom, using it as a reference point in our present activism. However, this alone is not sufficient. We must come together, build solidarity, and work towards a better tomorrow.
Personally, I will continue to learn from and be part of movements such as the LGBTI+ movement and the Kurdish movement, which I see as vital components of democracy in Turkey. I will persist with even greater determination and resolve than before the verdict. We will not retreat or remain silent. We will tirelessly advocate that this trial is devoid of legality and is politically motivated. We will continue to engage in politics and discourse, seizing every opportunity to advance our cause.
I also view this period as one of intellectual growth. I hope that my generation will be the last to experience exile due to political reasons. Our ongoing struggle will ensure that the youth of this country never again have to leave their homeland because of their democratic beliefs.
Translation: Selma Koçak
Tags: human rights
