28/08/2024 | Writer: Yıldız Tar
A lawsuit has been filed against four people, three of whom are lawyers, who were detained during the Antalya Pride March. One of the defendants, lawyer Ahmet Çevik, spoke to KaosGL.org, stating, “The violence of law enforcement officers against us as lawyers, is actually an expression of their lack of respect for the law.”
Following the conclusion of LGBTI+ Pride Marches, judicial harassment has begun. As in previous years, lawsuits have started to be filed against those detained by police during the Pride marches held in various cities this year.
The Antalya Pride March, which was scheduled for 14 July, was halted by a ban from the Governorship and a subsequent police intervention. On the day of the march, the police detained four people, three of whom were lawyers, who had gathered to make a press statement.
The Antalya Chief Public Prosecutor’s Office’s Terror and Organized Crime Investigation Bureau has issued an indictment against the detainees. The prosecution is seeking charges against the four persons for “organizing and leading unlawful meetings and demonstrations and participating in their movements.”
The Antalya 23rd Criminal Court of First Instance accepted the indictment on 16 August and decided to proceed with the lawsuit. The first hearing is scheduled for 10 April 2025, at 9:45 am.
“LGBTI+ rights are human rights, and this is a supra-political issue”
Lawyer Ahmet Çevik, one of those sued, evaluated the events on the day of the march and the indictment to KaosGL.org.
Ahmet Çevik highlighted that Pride Week, which has been celebrated in Antalya for the past 10 years, has faced attempts to be halted through unlawful bans. He emphasized that freedom of expression is constitutionally protected, stating:
“Since 2015, when the tradition of banning Pride Marches began, I want to reiterate as a lawyer that these bans on LGBTI+ persons, who wish to take to the streets one day a year to celebrate their existence and demand their rights, have only strengthened the pursuit of rights in the struggle for human rights of LGBTI+ people, just as in the past. LGBTI+ rights are human rights, and this is a supra-political issue Freedom of expression is constitutionally guaranteed.”
Ahmet Çevik stated that on July 14, 2024, when they gathered to make a press statement and march for the 10th Pride Week in Antalya, they were obstructed by security forces under the pretext of an unannounced ban. He described their detention, which occurred without any warning or announcement and without creating an security corridor, as follows:
“The ban was not properly communicated in accordance with the conditions specified in the Constitution and laws. Without any warning or announcement, and without even creating a security corridor for us to leave the area, four of our friends, three of whom are lawyers, were subjected to beatings and ill-treatment before being detained.”
“Police used violence and prevented filming”
Recalling that a lawsuit was filed against them without even recording their statements in the investigation file, Çevik described the police violence during and after their detention:
“During the unlawful detention, the police forcefully pressed and crushed the head of one of our friends onto the ground with his knee and kicked one of our lawyer friends. All these incidents are documented in the statements of our detained friends and in the camera footage in the press. Our friends were taken to different hospitals for medical check-ups after their statements. Although all four could have been taken to a single hospital for health checks, the police were so intent on preventing us from gathering after our release that they took each of our friends to different health units. Even the austerity measures currently being emphasized in the government’s agenda were disregarded by law enforcement. Considering the economic situation in the country, the fact that we were forced to travel to different health units in the same city to pick up our friends represents economic pressure on us, and a waste of public resources. Moreover, in the case of the detention of four people, taking each person to a different health unit in the same city is a misuse of public resources; it is an unlawful implementation of a policy of dispersal and oppression against LGBTI+ people using public resources. Additionally, the phone of our friend who participated in the press statement and was filming was forcibly seized by the police, disregarding the right to report and disseminate news, and his filming was violently prevented.”
“The violence against lawyers by law enforcement officers is a clear expression of their disregard for the law”
Stating that even declaring themselves as lawyers “was not able to prevent the mistreatment,” Av. Çevik criticized the situation, saying:
“As one of the three pillars of the judiciary, the violence against us by law enforcement officers is a clear expression of their disregard for the law. We were trained in law faculties in order to have internalized the rule of law. One of the main objectives of law faculties is to educate individuals who deeply understand and embody the principles of the rule of law and fundamental human rights. As lawyers committed to defending rights, we will continue to advocate for the human rights of all marginalized groups, driven by our dedication to the rule of law and human rights. We urge the judicial authorities to demonstrate the utmost respect and sensitivity to the rule of law and human rights.”
“The police chose to intervene violently instead of protecting the participants of the demonstration”
The prosecutor’s office claimed in the indictment that “ISIS was planning to carry out terrorist acts in big cities and tourism cities, and that LGBTI organizations were reported to be among the target audience.”
It was also determined that there was no need to prepare an indictment against the police officers who were subjected to violence by the police, on the grounds that “there was no concrete evidence to support the allegations that the police officers made statements of battery and insulting statements” and did not issue an indictment. Lawyer Çevik criticized this situation, stating:
“Instead of protecting those who came to Pride Week and preventing possible attacks, the police chose to intervene violently, which is against the law. Despite our complaints, all the unlawful actions of the police and the mistreatment that occurred openly during Pride Week were overlooked. Unfortunately, due to the shrinking of constitutional protections, actions by people to exercise their fundamental constitutional rights are increasingly seen as suspicious or criminal. Those who issue unlawful orders attempt to suppress constitutional rights by making criminal accusations, aiming to cover up their own illegal actions.”
Is megaphone an instrument of crime?
In the police report and indictment, the megaphone confiscated during the detention was deemed a “criminal tool,” and the stickers on it were considered evidence of a crime. Lawyer Çevik argued against this characterization, stating, “The megaphone was confiscated even before the press statement was made. For something to be considered an instrument of crime, it must be suitable for committing a crime. In this case, there is no offense. It’s likely that the colorful stickers on the megaphone drew attention.”
Çevik further commented on the broader implications, saying, “The consistent prevention of Pride Marches each year reflects a shrinking constitutional space regarding fundamental rights and freedoms in the country. Normalizing subsequent rights violations creates an environment of lawlessness and impunity, resulting in insecurity for LGBTI+ community and other disadvantaged groups.”
Tags: human rights
