Attorneys' Request for Recusation Rejected

2020-01-28 15:04:07


	İSTANBUL - The fifth hearing of Gezi trial is held in Silivri today. Indicating that the Law of Criminal Procedure has been violated in hearing former soldier Murat Papuç, who is cited as an "informer" in the file, defending attorneys have requested recusation.

	 

	The fifth hearing of the lawsuit filed into the Gezi Park protests continues at the İstanbul 30th Heavy Penal Court today (January 28).

	 

	Scheduled to start at 10 a.m., the hearing started at 10.45 a.m. after the court board, defendants, lawyers and the audience were seated.

	 

	BAYRAKTAR: PABUÇ'S TESTIMONY IS UNLAWFUL

	 

	In the fourth hearing of the case, the court accepted the request of former soldier Murat Papuç, who is cited as an "informer" in the file and demanded that his testimony be taken in a hearing with no attendants as he had no security of life. His testimony was taken in a hearing without attorneys.

	 

	Addressing the court board and the audience today, Osman Kavala's attorney Köksal Bayraktar has spoken for the recusation of the court board. "By hearing witness Murat Papuç, you violated the Law of Criminal Procedure in no less than 7 different aspects", he has said. Detailing his demand, Bayraktar has stated that Papuç's testimony is unlawful.

	 

	Attorney Turgut Kazan has also demanded the recusation of the board, commenting on witness Papuç: "The witness sent LinkedIn invitations to defending lawyers. We informed you and the legal experts of this."

	 

	Kazan: He sent LinkedIn invitations to attorneys

	Attorney Turgut Kazan has also indicated that Murat Papuç sent LinkedIn invitations to defending lawyers:

	 

	"Aren't you supposed to look into the situation of a witness who sent invitations to the defending attorneys and whose testimony was taken under such circumstances? We want to bring it to your attention that this invitation was not only sent to Aslı Kazana, one of the defending attorneys, but to other defending attorneys as well. That Murat Papuç that you heard because he did not have safety of life...

	 

	"In this case, where you thought that it would be life-threatening if he was present at court, Murat Papuç apparently knows Aslı Kazan. This situation openly shows how false it was to take the testimony in the absence of others for fear of life safety. Papuç misled the court, the court was misled."

	 

	İlkiz: We have nothing to hide

	Fikret İlkiz, the attorney of defendants Mücella Yapıcı, Tayfun Kahraman and Can Atalay, has also demanded the recusation of the board.

	 

	"Regarding Gezi we never said, 'I didn't do this, or see that'. Press statements? Yes, my clients held them. We have nothing to hide from anyone", İlkiz has said and added, "I reject your board."

	 

	Demir: You violated the law of criminal procedure

	Hasan Fehmi Demir, the attorney of defendant Yiğit Ali Ekmekçi, has also stated that the court board has violated the Law of Criminal Procedure in the hearing of the witness as well as reading of documents.

	 

	Referring to the police officer whose request for involving in the case was previously accepted, he has further indicated, "Mevlüt Saldoğan is Ali İsmail Korkmaz's murderer. He has received a 13-year-prison sentence. You included him as a complainant too."

	 

	Emel Ataktürk Sevimli, another attorney for Yiğit Ali Ekmekçi, has said, "Your board's witness hearing procedures are in breach of the Law on Criminal Procedure and the European Convention on Human Rights. We have not been allowed to question the witness."

	 

	FAMILY OF ALI ISMAIL KORKMAZ HAS OBJECTED 

	 

	Speaking at the hearing, Ayhan Erdoğan, the attorney of Korkmaz family has responded to Presiding Judge Galip Mehmet Perk as follows:

	 

	"You said Saldoğan, the murderer, was injured by 'sticks or stones'. Untrue. Saldoğan had a medical report for a toe injury. His kick that killed Ali İsmail was so forceful that he injured his toe -the murder weapon."

	 

	Attorneys have requested recusation

	Following the remarks of defending attorney Hasan Fehmi Demir, Osman Kavala's defending attorney İlkan Koyuncu, Can Atalay and Tayfun Kahraman's defending attorneys Ayhan Erdoğan and Özgür Karaduman, Yiğit Ali Ekmekçi's defending attorney Emel Aktürk Sevimli and Çiğdem Mater's defending attorney Hürrem Sönmez have indicated that the court does not abide by the due process of law.

	 

	Indicating that they do not recognize the court, the defending attorneys have raised a request for recusation.

	 

	REQUESTS FOR RECUSATION REJECTED

	 

	Announcing its desicion after the remarks of Can Atalay, the court board has rejected the requests for recusation on the ground that their requests are not based on the Law of Criminal Procedure (CMK).

	 

	After the court has announced its decision, defending attorneys have indicated that they do not find the decision acceptable and left the courtroom in protest. As the audience have also applauded in protest, the Presiding Judge has ordered the complete evacuation of the courtroom.

	 

	The hearing will continue after a short recess.