Continuation of Nuriye Gülmen and Semih Özakça's detention ordered

Alican Uludağ
 
In the trial of Nuriye Gülmen and Semih Özakça, the education workers who were sacked under a decree with the force of law and are on hunger strike, the court has ordered the continuation of their detention. The hearing has been adjourned until 10.00 on Friday 20 October.
 
The vehicles that were to carry those wishing to attend the trial were taken off the road by the police. Veli Saçılık posted a message in relation to the affair: “The police took the buses off the road so there would be no attendance at Nuriye-Semih's trial. Resistance will win!”
 
Nuriye Gülmen not brought
 
The presiding judge said that the defendant Nuriye Gülmen could not be brought in to attend due to Ankara Numune Hospital’s letter stating that bringing the defendant to the trial was “medically objectionable” sent in reply to the letter ordering her attendance.
 
Semih Özakça brought into the courtroom in a wheelchair
 
Semih Özakça was brought into the courtroom in a wheelchair at 11.00. A human wall of gendarmerie officers encircled Semih Özakça. After Semih Özakça stood with difficulty and raised his right fist in salute to courtroom, observers and lawyers applauded Semih Özakça. Semih Özakça, who attended the hearing, appeared to have become very weak. With the gendarmerie denying defendant Acun Karadağ permission to speak to Semih Özakça, Acun Karadağ wept, saying, “Damn such unjust rulers.” Acun Karadağ said, “What state have you brought the kid into? God damn you. Let everyone see the condition the state has brought a teacher into.”
 
“I have hundreds of lawyers”

Prior to the hearing, an identification check was made of Semih Özakça and the charge against him was read. The presiding judge imposed a limit of three lawyers on Semih Özakça and asked him to nominate three lawyers.
 
Semih Özakça said, “I will not nominate three lawyers. This is an imposition. It is part of the oppression and duress being applied to us. I do not accept this. I have hundreds of lawyers.”
 
Attorney Murat Yılmaz objected to the ban. Acun Karadağ also rejected the ban, saying, “Everybody here is my lawyer.”
 
“Unlawful interpretation” debate between the presiding judge and a lawyer
 
Given that no limitation had been made as to the offences in Article 149/3 and regulation had been made in relation to offences committed as part of organisational activity and the regulation had the status of an imperative provision, and mention was made in the text of the article of offences committed as part of organisational activity, and it was alleged in the indictment that the defendants committed the offences of which they are charged as part of organisational activity, the court ruled unanimously to deny the applications and objections that this article not be applied.
 
The presiding judge announced that, if the defendants did not nominate defence counsel, the right to speak would be denied after three each of the lawyers in attendance.
 
 
The dialogue between Sakarya Bar Association’s Chair and the presiding judge
 
Sakarya Bar Association Chair Zafer Kazan: According to which article are you going to choose them?
Presiding judge: According to Article 149. That’s how we interpret it.
Zafer Kazan: That’s an unlawful interpretation.
The presiding judge called on Semih Özakça to speak again.
 
Semih Özakça’s defence
 
There is a fresh assault on our right to a defence here. There are lawyers of ours who have previously been detained. Our lawyers were arrested two days prior to our first hearing. Our defence has been hindered here. Along with this, we were arbitrarily not brought to the hearing on 14 September. We are on hunger strike. We underwent torture in solitary confinement cells on hunger strike for another fourteen days. Now, our right to a defence is also being blocked here. I do not accept the imposition of three lawyers. Nuriye Gülmen, who is not here, was taken by force to Numune Hospital. Why? Because the wish was to deny her a defence.
 
“I have witnessed with my own eyes the murder of the law”
 
On behalf of the downtrodden, exploited workers ... I myself have witnessed with my own eyes the murder of the law through this trial they are trying to dress up as legitimate with talk of the law. First it groaned away on the ground and then silently passed away. And now I am witnessing a murder from this very close up.
 
“You are the ones who with your robes have been included in the play and the indictment in your hands is the script”
I was arrested with torture applied on the 75^th day of the hunger strike I embarked on to return to my job. The murder was committed at the judicial complex while awaiting the decision. The police commander went into the prosecutor’s room, ordered them tea and they spoke for an hour. That is how the murder was committed. A decision to detain the people of this country is taken by certain people without appearance yet having been made before a judge. The name of this is an order from the top. You are to pass ruling on behalf of the people with dashing robes on your backs. Surely you have long since given up the ghost. You are the ones who with your robes have been included in the play and the indictment in your hands is the script. Who is this play for? It will be to satisfy those in power again. The injustice and arbitrariness we have experienced until now is proof that justice will not emerge from the courts.
 
“The AKP wanted to bring me into line using my livelihood.”
 
Let nobody expect begging for mercy in the face of this injustice. I will still say what I think. My defence will not be a defence against this political trial with no validity. I am a teacher who earns my living with my labour and my honour. The AKP wanted to bring me into line using my livelihood. History is the history of the struggle for a livelihood. For as long as there is exploitation, resistance will continue. It is the AKP rulership, sitting in office without even making the slightest comment, that must give a defence. While a class teacher earning an honourable living, I was first thrown out of my job. This is not an acceptable situation. We experienced every price for resistance and opposition. I am a class teacher who was thrown out of his job, I am Spartacus struggling against slavery, I am Moses in opposition to the Pharaoh, I am Pir Sultan Abdal saying, ‘Let turncoats turn; I will not turn from my path,’ I am Sheikh Bedrettin saying, ‘all things must be shared except the cheek of the beloved,’ I am a Palestinian fighting Israel’s oppression, whoever suffers injustice and fights in every corner of the world, I am that person.
 
Let the representatives of the rulership, which speaks of FETOists and attacks left and right, first look at themselves. There are judges who were on those benches you now occupy who previously ruled in line with their own political thinking and are now in detention. We, the intellectuals of the people, have frequently encountered such conspiracies directed at public workers. One rule alone is applied in state institutions and that is the rule don’t act without instruction or you’ll get into trouble.
 
Presiding judge interrupts defence
 
The presiding judge interrupted the defence. The presiding judge called on a defence to made with reference to the charges in the indictment. For his part, Semih retorted, “I have been very patient to be able to get here. You exercise a little patience, too.”
 
 
Through privatisation in the educational field, security is being undermined
 
Semih Özakça continued his defence as follows: “The AKP rulership is stealing our children’s future and their right to obtain a democratic, scientific education. Through privatisation in the educational field, security is being undermined. Additionally, there is an attempt to pave the way for the performance assessment system. With opposition trade unions’ actions being branded ‘crimes’, public workers face the threat of investigation and expulsion. If you do not think and live like the AKP, you are adjunctive to terrorism. Even if you are pro-AKP, if you are not on good terms with the school head selected by the rulership-aligned trade union, you are adjunctive to terrorism. Being a teacher promised me neither a luxurious life nor a life in which I would have to watch my back. In the place where we were obliged eke out our existence, we heard the sounds of tank fire every day.”
 
Semih Özakça got very tired delivering his defence. A recess was held.
 
Following the recess, Semih Özakça continued his defence.
 
This resistance is the resistance of the downtrodden peoples
 
Özakça: “The intellectual of the people is one who thinks and sees and comprehends the contradictions and moves into action within social struggle. The intellectual of the people knows that the loveliest folk song is sung in chorus. The intellectual of the people, even if remaining alone, is one who knows how to struggle for their values. The intellectual of the people is one who knows that nothing will happen by itself and who does not surrender to objective conditions. The intellectual of the people is one who sees contradictions and moves into action. The intellectual of the people is one who both learns from the people and teaches the people. If you think this resistance to be the resistance of two people, you are mistaken. This resistance is the resistance of the downtrodden peoples. I, as a teacher who is an intellectual of the people, know that there will be prices for this resistance. In a period in which nobody can come into the street and press statements are banned I deem it an obligation to speak the people’s words. We are resisting with hunger against the life it is wished to condemn public workers to. The crux of the matter was the thought that hunger strike was an effective action and the fear it would be championed by the people and grow. We did not opt to remain hungry; the reason for this was the rulership’s desire to condemn us to hunger.
 
We are eating into our lifetimes
 
Had the rulership given us our jobs back, we would not have been left hungry. It was the rulership that both started the resistance and is trying to stifle it. I call out to the minister who said, ‘Let those who have been expelled eat the roots of trees.’ We are not eating those, either. We are eating into our lifetimes. We will continue our hunger strike action until we are taken back into our jobs. We are not on hunger strike for there to be a revolution or for the AKP to go. We want our jobs back and we are on hunger strike for this. Jobs. That’s all! We were detained, because our hunger strike struck a chord with the people as being justified. We were detained because this detaining would enhance the fear and intimidation. We were detained because we are an obstacle in front of the AKP’s new country policy! The repetition of the Gezi and Tekel resistance is due, not to us, but the rulership’s oppression. If oppression is increased, there will be resistance.


I saw sunlight for the first time 
 
They took us, torturing, beating and bearing down on us, to the complex hospital. We are not patients, but activists. I saw sunlight for the first time on the way here since being taken to hospital. We face the threat of forcible intervention there and we do not want intervention from anyone!  The demons of Hell came on Monday night. Whatever else can you call those who come in the night?
 
Süleyman Soylu turned us into targets
 
When Nuriye was being taken to Numune, slogans and the sound of screams came from inside, so she was conscious. They took Nuriye to Numune two days ago so as not to bring her to the hearing. Forcible intervention is a crime against humanity. Soylu said a great deal about us and was unable to convince people. A booklet was published at the ministry’s behest. In any case, Süleyman Soylu turned us into targets and declared us to be terrorists. So, why has this court been set up? He is the one who is basically guilty.
 
Pass your decision and let the curtain come down
 
Thinking they would send me to undergo forcible intervention, I bid farewell to my mother. It is known where this practice leads. They did not even permit us to be photographed and their aim is to make us forgotten and intervene forcibly and turn us into a living dead state. Finally, I wish to say: pass your decision and let the curtain come down.”
 
Semih Özakça ended his testimony by reading the poem “Friend” by Enver Gökçe! The sound of applause rose in the courtroom. A one-hour midday recess was taken.
 
Acun Karadağ announced that she would not give testimony
 
At the hearing which recommenced at 15.00 following the recess, Acun Karadağ announced that she would not give testimony citing the failure for Nuriye Gülmen to be brought to the court as the reason.
 
Karadağ said, “I could not hold back my tears on seeing Semih. Cruelty of this magnitude is unacceptable. I am on release pending trial, so these proceedings are aimed at the hunger strike. The two educationalists have gone hungry for 204 days. They took Nuriye to hospital so as not to bring here. With Nuriye not giving testimony, I will not, either.”

At the lawyers’ request, it was decided to hear Human Rights Foundation of Turkey General Secretary Metin Bakkalcı as an expert witness. Bakkalcı is to testify on hunger strikes and their effects.
 
Dr. Bakkalcı: “Hunger strikers are people who attach exceptional value and worth to this life, and wish for a solution and for their lives not to end. It is distinguished from suicide through this value attached to life. With suicide, the person feels no wish to live. I wish to point to this difference. Vitamin B1 is a critical factor during hunger strikes. Forceful intervention is wrong from an ethical viewpoint. It is harmful and medical intervention cannot be made by force. The decision by these people to go on hunger strike was influential in their voices being heard by authority; we witnessed this. Regular checks are important in hunger strikes. The reports we have submitted show how incarceration alone even affects people spiritually and corporally.”
 
 
Prosecutor seeks continuation of detention
 
The prosecutor, asked for his opinion on the applications at the hearing, voiced an opinion seeking the continuation of detention. The prosecutor also opined that an assessment report be obtained through sending Nuriye Gülmen and Semih Özakça to the Forensic Medicine Institution and for detention to continue.
 
The lawyers make demands 
 
Following this application by the prosecutor, Nuriye Gülmen and Semih Özakça's lawyers made statement. Attorney Murat Yılmaz, recalling that the lawyers had been arrested two days prior to the 14 September hearing and Gülmen had been taken into intensive care two days prior to this hearing, said, “We submitted this to the file. What is the change in Nuriye Gülmen's condition? We are talking about the law. When the talk is of Nuriye and Semih, it enters a state of suspension.” Yılmaz, objecting to the non-sending of Nuriye Gülmen's treatment papers to the court, commented, “There is a design. I am not reading your intention.  They have imprisoned us here to isolate Nuriye and Semih.”
 
Yılmaz continued his address as follows: “Seemingly, there are insufficient staff. How many gendarmerie officers are waiting in front of Numune Hospital? Although Numune Hospital says they can visit every day, the chief prosecution only permits lawyers five minutes. Nuriye must without fail be brought to the hearing.”
 
Attorney Aytül Kaplan: “With Nuriye and Semih not being brought to the hearing at the last session, the offence of abuse of position was committed. The detention order, however much it was passed on 23 May, was passed on the day that people amassed in Yüksel Street. Examination of the record shows that “flight risk” was mentioned. The action was named a ‘sit-down action’ and these people were forcibly removed from where they were sitting, from Yüksel Street. Learned judges, either find true legal grounds for detention or release these two educationalists.”
 
A twenty-minute recess was taken
 
At the hearing which recommenced at 16.20, Attorney Betül Kozağaçlı, Attorney-at-Law, addressed the court. Kozağaçlı: “I saw my clients who were unable to remember anything after primary school following forcible intervention. Even though hunger strike is not a crime, an order was passed for their detention. There was only so far this vacuous file could be taken and so a ‘witness testimony’ was tossed in. The police in all press statements over this process have, by saying, ‘If you mention Nuriye and Semih, we will arrest you,’ turned these people into vehicles for threat.”
 
Following Kozağaçlı's, attorney Derviş Emre Aydın began his defence. Aydın said there was double jeopardy. Then, Attorney Mehmet Refik Atalay addressed the court and said, “Contrary to the doctors’ reports, Nuriye’s companion is not being admitted to her side and lawyers’ visits are restricted to five minutes. Release my client immediately. These people did not flee anywhere before and will not do so now.”

The Sakarya Bar Association Chair addressed the court: “I await a solution from you that smells of humanity.” Attorney Zafer Kazan: “We are undergoing a trial in the shadow of arms. If it is harmful to her health for Nuriye to be brought to the hearing, is this not also so with her being detained?”

Antalya Bar Association Chair Polat Balkan: “It is possible to protest saying, ‘We want our jobs back.’ The right to resist is possible, but this cannot be a crime. We want freedom for Nuriye and Semih. Before too long, every judge will be prosecuted for the decisions they have passed. Do not be the rulership’s cudgel.” Attorney Ömer Faruk Eminağaoğlu: “Hunger strike is freedom of expression and is not a crime. Even though no reply was given to correspondence, testimony from a witness has been added. This is interference with the judiciary. Even in the hearing list we saw that the name of the file was the hunger strike file.” Attorney Duygu Demirel: “It is abundantly clear that this case is not an organisation membership trial. This trial is a trial in resistance to the imposition ‘you will live as I wish or you will not be able to live.’ Nuriye is in a tiny room just now and a chair fitted with a plastic bag perforated in the middle has been placed next to her to meet toilet needs. Yesterday the gendarmerie denied her permission to get out of bed to have a walk, even though this would have been exercise for Nuriye. They threatened her, saying, ‘We’ll handcuff you if you get out of bed’.”
 
A recess was taken. for deliberation. The decision will be announced after the recess.