26/02/2025 | Writer: Kaos GL
The third hearing in the case against LGBTI+ activist İris Mozalar, who was prosecuted for criticizing attacks on Syrian refugees, was held today. The court ruled for Mozalar’s acquittal.
Photo: Tuğçe Yılmaz
İris Mozalar was put on trial for "publicly inciting hatred and hostility" due to social media posts criticizing racist attacks against Syrians in Kayseri. The third hearing of the case took place today at the 61st Criminal Court of First Instance in Istanbul.
Mozalar was detained on July 10, 2024, due to four social media posts and was arrested the following day. They were released on July 12.
According to a report by Tuğçe Yılmaz from bianet, before the hearing, the Kağıthane District Governor’s Office announced a ban on all press statements and events within the district. Human rights defenders who came to observe the trial were not allowed into the courtroom.
The hearing began with a statement from Mozalar’s lawyer, Gökçe Karaköçek:
“We have submitted detailed Supreme Court decisions. There is no justification for what constitutes a clear and present danger. In the absence of such evidence, an acquittal must be granted. The investigation process itself (conducted through Cyber Patrol) was unlawful.”
Rights defenders prevented from entering the courtroom
Following Karaköçek, lawyer Gülyeter Aktepe requested that human rights defenders be allowed into the courtroom or, at the very least, that the courtroom doors remain open.
Although the court opened the doors, observers were still not permitted inside.
In their defense, Aktepe argued that the allegations against their client did not meet the legal conditions for the charge and that the posts fell under freedom of expression. They emphasized that the real crime was committed against refugees and that Mozalar had suffered significant rights violations due to their detention and arrest. Aktepe requested Mozalar’s acquittal.
"I am on trial simply for exercising my freedom of expression"
Taking the floor after their lawyers, Mozalar reiterated their statements and requested acquittal:
“I am on trial simply for exercising my freedom of expression. I am not the one inciting hatred and hostility; on the contrary, I stand against this hatred and provocation. If I am punished, it would be a violation of freedom of expression and the universal principles of law. A Latin proverb says, ‘Let justice be done though the heavens fall.’ I trust that justice will uphold the truth. I request my acquittal.”
The presiding judge ruled that Mozalar’s social media posts fell within the scope of freedom of expression and acquitted them.
After leaving the courthouse, police followed LGBTİ+ activists to a nearby café, warning them that any public statement would lead to legal action.
Tags: human rights
