22/06/2022 | Writer: Yıldız Tar
Boğaziçi rainbow case was postponed once again. The expert of the file claimed that a person was at two different places at the same time - he may be the inventor of cloning.
“Those who protested the detainment of students who protested the detainment of those who protested the detainment of students who protested the disciplinary investigation against a student carrying a rainbow flag at the Boğaziçi University have been detained in front of Çağlayan Courthouse of İstanbul.”
The sixth hearing of the case, in which the students, who were attacked by the police due to carrying rainbow flags at Boğaziçi University, are being judged, was scheduled today (June 21) at the İstanbul 24th Penal Court of First Instance.
İrem Yener, one of the attorneys of the LGBTI+ right defenders, who are being judged, attended the hearing. Att. Yener requested acquittal for their clients at once by raising an objection to the expert opinion. Att. Yener remarked that they requested to determine whether the defendants are involved in the video recordings or not from the expert, however the expert exceeded the limits of jurisdiction:
“The expert, made some determinations, which are out of question, like tying traffic up, ‘resisting a commission officer’ within the context of case. Determining some other crimes which are not related to the case isn’t a part of the duty of the expert. Moreover it isn’t in jurisdiction of the expert. The expert opinion which aims to target our clients and to form a negative opinion in the eye of judge, is unlawful and it should not be considered on the judgment.”
What the expert failed to know
Remarking that although the only duty and authority of the expert was to determine whether the defendants are involved in the video recordings or not, Att. Yener said: “The expert was not able to do even this properly, he made false determinations about the defendants.” Yener also criticized the improper determinations in the expert opinion related to the people who are not involved in the case. Att. Yener added that they would make a complaint about the exceeding the limits of jurisdiction.
It is claimed that a person, who was taken into custody hours ago, was also in the street at the same hours. In addition the expert makes walking on the sidewalk look like a crime.
The file was sent to Chief Public Prosecutor’s Office for opinion. Next hearing is going to be scheduled on September 20, at 10.20 am.
What had happened?
“Those who protested the detainment of students who protested the detainment of those who protested the detainment of students who protested the disciplinary investigation against a student carrying a rainbow flag at the Boğaziçi University have been detained in front of Çağlayan Courthouse of İstanbul.”
These sentences are a summary of what happened on March 25-26. On March 25, four students were detained in the Hisarüstü Neighborhood, which includes Boğaziçi University campus, on the grounds that they were "carrying an LGBTI+ flag". On the same day, there was a disciplinary investigation against a student carrying an LGBTI+ flag during protests against the appointment of the rector of Boğaziçi University, and the students wanted to support their friends. N.D., who raised a rainbow flag during protests attacked by police on February 1, was targeted by a disciplinary investigation that says "you went upstairs and waved the LGBTI+ flag". N.D. was to give a statement in the scope of the investigation on March 25. The attacks of the police continued in the North Campus, Bebek gate of the university and at the Çağlayan Courthouse on March 26th.
Twelve people detained outside the North Campus have been indicted on charges of "violating the law on meetings and demonstration marches." The first hearing of the case held on Thursday, June 3rd in Istanbul 24th Criminal Court of General Jurisdiction.
The Public Prosecutor's indictment against the students says disciplinary proceedings have been initiated against N.D., who raised a rainbow flag during protests of February 1st, which the police attacked. While the indictment does not include police violence, it criminalizes the rainbow flags in the hands of the students on March 25:
"After they reached the outside sidewalk of the North Campus they opened the LGBTI banners and started to march together, the law enforcement forces stopped them there, the chief law enforcement officers negotiated with them to close down the LGBTI banners..."
Translation: Selma Koçak
Tags: human rights, education
