All human rights defenders acquitted in Göç İzleme Derneği case
On 9 February 2024, the Istanbul 26th Heavy Criminal Court acquitted all 24 individuals, including at least 18 human rights defenders, of the charge of "membership in a terrorist organization" under Article 314/2 of the Turkish Penal Code.
On 12 October 2023, Istanbul 26th Heavy Criminal Court will proceed with the hearing of the case of 23 individuals, including at least eighteen human rights defenders who are members of Göç İzleme Derneği (GÖÇİZDER).
On 14 September 2022, Istanbul’s 26th Heavy Criminal Court accepted the indictment prepared by Istanbul Public Prosecutor against 23 individuals, of which at least eighteen are human rights defenders, including the co-chairs, board members and staff of Göç İzleme Derneği - GÖÇİZDER (Migration Monitoring Association). All are accused of “membership of armed terrorist organisation” [Kurdistan Workers’ Party - PKK] and an additional charge of “terrorist propaganda” was made for one human rights defender. The indictment argues that the human rights organisation misused the EU project funds to finance the PKK members and the equipment used in its actions and activities.. The first hearing of the trial will start on 13 December 2022.
Göç İzleme Derneği (GÖÇİZDER) was established in Istanbul in 2016 with the aim of developing effective social solidarity among the masses of people subjected to migration in general and forced migration in particular, and to raise the demands of migration victims for a humane life. In line with this purpose, it aims to support internally displaced persons in their pursuit of justice, to make the fundamental rights violations caused by forced displacement visible to the public, to raise awareness about the social, economic and psychological problems that citizens have experienced during the resettlement process, to recognise the grievances of people who have suffered serious human rights violations and to support them.
On 9 February 2024, the Istanbul 26th Heavy Criminal Court acquitted all 24 individuals, including at least 18 human rights defenders, of the charge of "membership in a terrorist organization" under Article 314/2 of the Turkish Penal Code. This was the fifth hearing in the case against the executives and staff of Göç İzleme Derneği (GÖÇİZDER - Migration Monitoring Association), which began on 13 December 2022.
The court ruled for the acquittals due to the lack of clear and convincing evidence proving that the defendants committed the alleged crimes. However, human rights defender Berkant Yılmaz was found guilty of "terrorist propaganda" based on his social media posts and was sentenced to 1 year, 6 months, and 22 days, with the announcement of the verdict deferred. The prosecutor did not appeal the acquittals.
The trial began after the Istanbul 26th Heavy Criminal Court accepted the indictment on 14 September 2022. The Istanbul Public Prosecutor accused the 24 individuals of "membership in an armed terrorist organization" (PKK). The indictment claimed that GÖÇİZDER misused EU project funds to support the PKK and also charged one human rights defender with "terrorist propaganda."
On 3 June 2022, police raided GÖÇİZDER's office and the homes of its executives and members, arresting 22 individuals. The human rights defenders were held incommunicado for 24 hours and, after eight days in detention, were brought before the court, which ordered the arrest of sixteen prisoners. During the raid, police confiscated computers, official records, books, print materials, and films prepared by the association.
During the first hearing from 13 to 15 December 2022, defense lawyers raised concerns about fair trial violations, including interruptions by the judge and the removal of legal counsel from the courtroom. Four human rights defenders were released under travel bans following this hearing, and the remaining defendants were released with the same judicial measures at the second hearing on 5 January 2023.
Additionally, a dissolution case against GÖÇİZDER was filed at Bakırköy 15th Civil Court of First Instance, accusing the organization of "operating in line with the aims and goals of the PKK/KCK." The next hearing in the dissolution case is scheduled for 11 October 2024.
On 12 October 2023, Istanbul 26th Heavy Criminal Court will proceed with the hearing of the case of 23 individuals, including at least eighteen human rights defenders who are members of Göç İzleme Derneği (GÖÇİZDER). They are charged with "membership of a terrorist organization" [allegedly in connection with the PKK] for activities related to their human rights work.
This will be the fourth hearing since the indictment was accepted by the court on 14 September 2022. All the HRDs have been released in previous hearings.
The first hearing lasted three days, from 13 to 15 December 2022. On 14 December, while Kamile Kendal co-chair of GÖÇİZDER, was on the stand giving her statement, the judge interrupted her and asked that she keep her statement brief. The defence lawyers objected to this intervention, arguing that it violated Kamile Kendal’s right to a fair trial. The judge left the courtroom, calling for a break in the session. When the session resumed, the defence lawyers were not allowed into the courtroom. In protest to this, the human rights defenders refused to give statements without their lawyers present, which prompted the hearing to be ended for the day.
On 15 December, the defence lawyers requested a recusal. The request was denied by the court, which led the defence lawyers to raise additional objections. The judge ordered the defence lawyers removal from the courtroom by force and resumed the hearing without any legal counsel present. Following the hearing, the court ordered for the release of four of the human rights defenders, namely Songül Köse and Kamile Kandal, whose statements had been taken, and Veysi Yıldız and İlyas Erdem, who were released on account of medical reasons. All four were subjected to a travel ban as a judicial measure. The remaining thirteen human rights defenders were taken back to prison pending the next hearing
The second hearing took place on 5 January 2023. The court continued to hear the defence statements. Although not all of the human rights defenders’ statements were completed, the judge nonetheless ruled for the release of all remaining human rights defenders and imposed a travel ban for each of them.
At the third hearing on 3 and 4 May 2023, the court accepted the request by all but one of the twenty three defendants to be excluded from the hearing. The former chair of GÖÇİZDER, was called by the judge to be present at the hearing since the court was due to hear two witness testimonies about him.
In addition to this case, there is an additional case concerning the dissolution of the organisation GÖÇİZDER at Bakırköy 15th Civil Court of First Instance. On 11 October 2022, an Istanbul prosecutor filed a dissolution case against the organisation, claiming that «the association operates in line with the aims and goals of the PKK/KCK terrorist organisation» and asked for the suspension of its activities as an interim measure. During an initial hearing in May 2023, the judge rejected the request for the organisation’s activities to be suspended and stated that the court would ask the Istanbul 26th Heavy Criminal Court to send an update on the criminal case of the members of GÖÇİZDER. The next hearing on the dissolution case is scheduled for 20 October 2023.
On 14 September 2022, Istanbul’s 26th Heavy Criminal Court accepted the indictment prepared by Istanbul Public Prosecutor against 23 individuals, of which at least eighteen are human rights defenders, including the co-chairs, board members and staff of Göç İzleme Derneği - GÖÇİZDER (Migration Monitoring Association). All are accused of “membership of armed terrorist organisation” [Kurdistan Workers’ Party - PKK] and an additional charge of “terrorist propaganda” was made for one human rights defender. The indictment argues that the human rights organisation misused the EU project funds to finance the PKK members and the equipment used in its actions and activities.. The first hearing of the trial will start on 13 December 2022.
GÖÇİZDER was established in Istanbul in 2016 with the aim of developing effective social solidarity among the masses of people subjected to migration in general and forced migration in particular, and to raise the demands of migration victims for a humane life. In line with this purpose, it aims to support internally displaced persons in their pursuit of justice, to make the fundamental rights violations caused by forced displacement visible to the public, to raise awareness about the social, economic and psychological problems that citizens have experienced during the resettlement process, to recognise the grievances of people who have suffered serious human rights violations and to support them.
On 14 September 2022, Istanbul’s 26th Heavy Criminal Court accepted the indictment prepared by Istanbul Public Prosecutor against 23 individuals, of which at least eighteen are human rights defenders, including the co-chairs, board members and staff of GÖÇİZDER. They are accused of “membership of armed terrorist organisation” [PKK]. An additional charge of “terrorist propaganda” was made for one human rights defender. The indictment argues that the human rights organisation misused the EU project funds to finance the PKK members and the equipment used in its actions and activities. Seventeen people are still imprisoned, of which fourteen are the executives and the staff of GÖÇİZDER, while three have provided professional service to the organisation. The first hearing of the trial will commence on 13 December 2022.
The indictment argues that the real aim of GÖÇİZDER is to "advocate that the immigration movements in eastern and south-eastern Turkey caused by the repression and persecution of Turkish state and use this discourse as a propaganda tool to impose the ideology of the PKK/KCK terrorist organisation; to incite the IDP families against the state through -so called- aid and solidarity; and to enhance the commitment of the PKK/KCK constituency by giving the impression that they stand by the immigrated families in order to ensure that these families unite around the organisation [PKK]; and put our state in a difficult situation in the international arena through agitation by the stated activities".
The legitimate human rights activities of the organisation, such as organising meetings and workshops, publishing informative leaflets for internally displaced people (IDP), reports, and participating in other organisation’s meetings and activities have been listed as offences in the indictment. The indictment also alleges that the project proposals submitted to EU institutions by GÖÇİZDER were approved by way of pressure/bilateral relations of the European Kurdish Democratic Societies Congress, which is defined as the umbrella structure of the armed group in Europe. Several international funding organisations and institutions, including Front Line Defenders have been listed as funders of GÖÇİZDER.
On June 3 2022, police raided the office of GÖÇİZDER and the homes of its executives and members, arresting 22. The human rights defenders were kept in incommunicado detention for 24 hours and following eight days of detention, they were transferred to court by the prosecutor’s office with an arrest request. The court ruled for the arrest of sixteen prisoners. The police confiscated the computers, official records, books, print materials and films prepared by the association during the raid.
A confidentiality order was placed on the investigation file, which prevented the human rights defenders and the lawyers get access to the accusations and any incriminating evidence. The lawyers were able to see the contents of the investigation file and the indictment only after the court accepted the indictment. Yet, since 2 September 2022 the content of the indictment and accusations were published by several pro-government media outlets.
Front Line Defenders is deeply concerned about the persistent use of anti-terror laws by Turkish authorities to silence the human rights defenders for many years and the recent trend of abusing the legislation on financing terrorism to further criminalise and silence them. It reminds authorities that all grant applications are handled with due diligence and only after a detailed review a grant is approved. All grants were accounted for through narrative and financial reports by the association. Front Line Defenders believes that charges against GÖÇİZDER are politically motivated and stands by its decision to support the human rights organisation with two separate grants in 2020.
