04/04/2023 | Writer: Selma Koçak
Pınar Selek case, which has acquitted for four times in 25 years, will be undertaken de novo upon the decision of the Court of Cassation. Earlier on the trial, the press statement was banned, and then the case was postponed to September 29.
The Spice Bazaar case has been pending for 25 years and had taken acquittal four times, but has just returned to the beginning. Following the reversal of the fourth acquittal by the Court of Cassation, the case started over at the İstanbul 15th Heavy Penal Court.
The court board rejected the demand to take Pınar Selek’s statement in France. Giving a verdict regarding the continuation of an arrest warrant and red notice decisions against Selek, the court board also laid Selek’s extradition as a condition. The case was postponed to September 29.
The press statement was banned due to LGBTI+s!
Kağıthane District Governorship, of which Çağlayan Courthouse is in the jurisdiction, blocked the press statement called by the We Are Still Witness Initiative on the pretext that LGBTI+ organizations also made a call for the statement.
The District Governorship put a ban on making press statements in the borders of the district by justifying the posts shared by right defenders including LGBTI+ organizations, for one day:
“According to the information gained from social media and open sources as a result of the search made according to prescribed rules and regulations with the aim of forecasting probable indoor / outdoor meetings, demonstrations, press statements and etc. to be planned in the borders of our district; we learned that some organizations such as Kaos GL Association (@KaosGL), Free Colors Association (@ozgurrenkler), Ankara Rainbow Families Association (@galaderneği), Lamdaİstanbul LGBTI+ Solidarity Association (@Lambda_istanbul), Sol Hukuk (Left Law, @SOLHukuk), 31th İstanbul Pride Week Committee, HEVI LGBTI+ Association (@HeviLgbt), Leftist Party (@solpartibilgi), Abluka (@ablukahukuk), Revolutionary Socialist Workers Movement, Association for Struggle Against Sexual Violence and a great number of social media users, on an individual basis, made a call for a press statement via some posts like ‘We are at Çağlayan Courthouse on March 31, at 14.00 for Pınar SELEK – Justice for Pınar Selek is justice for LGBTI+s!, Our comrade Pınar Selek, we know from Ülker Street and women and LGBTI+ movement struggle for peace, has been on trial for 25 years, 25 LGBTI+ organizations called for a meeting at İstanbul 15th Heavy Penal Court on March 31, at 13.00 pm, We will be at Çağlayan Courthouse for press ststament on March 31, at 13.00 pm and some hashtags such as #pınarselek, #beraatimizesahipçıkıyoruz (We protect our acquittal), #31martdava (March 31 case).
All kind of probable activities and events like ‘sit-down strikes, press statements, meetings, demonstrations, booth building and etc…’ were BANNED within the borders of İstanbul Adalet Sarayı Şehit Cumhuriyet Savcısı Mehmet Selim KİRAZ campus and around and all public areas across Kağıthane district from 03/31/2023 for 1 (one) day, referring to the meeting calls by mentioned organizations, groups and individual users on social media regarding the case.”
We Are Still Witness Platform, including Paris Deputy Mayor, parliamentary members from France and international members; Peoples’ Democratic Party (HDP) İstanbul MP Musa Piroğlu, Workers’ Party of Turkey (TİP) İstanbul MP Ahmet Şık and Republican People’s Party (CHP) İstanbul MP Sezgin Tanrıkulu entered the hearing room after a last-minute ban blocked the press statement.
Great interest for the case
The case was also followed by parliamentary members from France Pascale Martin and Elise Leboucher, Strasbourg Deputy Mayor Bertholle Véronique, lawyers from the Paris Bar Association, CHP MP Sezgin Tanrıkulu, TİP MP Ahmet Şık, HDP MP Musa Piroğlu beside the right defenders from Turkey and international committees.
Keeping their aggressive behavior up like in front of the courthouse, the police allowed only parliamentary members, lawyers and the press into the courtroom. Rights defenders, who were there to follow the case, also entered in upon the objections.
Almost 200 hundred rights defenders of France and Turkey were at the courthouse day to follow the case.
“The Court of Cassation exceeds its legal reviewing authority”
Pınar Selek’s lawyer Akın Atalay said the following during the hearing:
“As we know the Court of Cassation is not a court of judgment but a court of review. Judicial authorities give acquittal verdicts and the prosecutor brings it before the Court of Cassation in order to be reviewed. However while the Court of Cassation has to perform its duty, it exceeds its legal reviewing authority.”
The court board also gave a verdict regarding the continuation of arrest warrant and red notice decisions against Selek and decided to wait for the execution of the arrest warrant against Öztürk. Stating that the parties will be informed according to the outcome of the correspondence with France, the court adjourned the case to September 29, 2023, at 14.00.
Tags: human rights, women
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