The hearing of the IMM Case, which started on March 9 in the courtrooms of Marmara Prison in Silivri with 414 defendants, 107 of whom were detained, has been continuing for approximately 6 months. As a result of the 79th day of the trial on Thursday night, the hearing was postponed to Monday.
There are 51 detained defendants in the case, including Presidential candidate and Istanbul Metropolitan Municipality President Ekrem İmamoğlu.
Especially after August 17, when the second hearing started, the trials often continue until midnight.
Istanbul Bar Association made a statement about these 'night trials'.
In the statement, it was stated that the President of the Istanbul Bar Association, İbrahim Kaboğlu, and the Bar Association executives observed the hearings of the IMM Case held in Silivri on Wednesday, September 9, and that the Istanbul Bar Association, which determined that the hearings were continuing after 00:00 at night for a while, made a written application to the 33rd High Criminal Court on the grounds that this practice violates the essence of the right to a fair trial and damages the defendants' ability to make an effective defense.
The following opinions were included in the Bar Association's statement:
"In its petition of objection to take the necessary precautions by evaluating the conditions of the hearing in terms of fair trial and effective defense rights, the Istanbul Bar Association stated that the defendants were deprived of adequate sleep and rest and that the repetition of this situation on consecutive hearing days aggravated the physical and mental fatigue.
It was emphasized that the practice, beyond being a procedural issue regarding trial hours, is directly related to the protection of the person's material and moral integrity, the prohibition of treatment incompatible with human dignity, the effective participation of the defendant in the trial, the basis of his statement on his free will and the right to effective defense, and that it leads to the violation of Articles 13, 17 and 36 of the Constitution and Articles 3 and 6 of ECHR.
It was emphasized that the protection of the material and moral integrity of the person, as the hard core of human rights, is guaranteed by Article 15 of the Constitution and cannot be violated even in a war environment, and that the obligation to protect the physical and mental integrity of the defendants in a criminal trial conducted within the ordinary legal order cannot be lowered than the minimum standard.
It has been stated that the State's obligation arising from the aforementioned rights is at a higher level for individuals who are deprived of their freedom, and in terms of the judicial authority, which is the ultimate guarantee for all individuals and society, there is a maximized obligation in terms of inviolable rights located in the hard core of human rights.
"It has been stated that conducting the hearings under these conditions is incompatible with the principle of proportionality stipulated in Article 13 of the Constitution, and that long hearing periods violate the essence of the right to defense and the right to a fair trial.
In the petition, it is reminded that the purpose of the right to trial within a reasonable time is not to complete the trial as soon as possible and under all circumstances, and that a reasonable balance must be established between the expeditious conduct of the trial and fundamental rights, and that bar associations are professional organizations in the nature of public institutions responsible for protecting the rights of members of the profession in accordance with Articles 77 and 95 of the Law on Lawyers, and that the members of the Istanbul Bar Association have the right to observe, report and object in accordance with the law in the face of conditions that make it difficult for their members to perform their duties as lawyers.
In the statement shared on the Istanbul Bar Association's social media account, the demands were listed as follows:
"As a result, it is stated that the trial cannot be reduced to a physical endurance test and the right of defense cannot be reduced to the physical presence of the defendant and the defense counsel only in the courtroom:
Determining the daily working hours of hearings within reasonable limits that will enable the defendants to participate effectively in the trial and the defense attorneys to provide effective legal assistance,
In particular, interrogation of the defendant, taking a defense, discussion of evidence and essential trial procedures that require the defendant's voluntary and cognitive participation should not be carried out at night when the defendants and their defense attorneys are under severe physical and mental fatigue,
Preserving adequate sleep and rest periods for detained defendants by taking into account not only the time they are in the courtroom, but also the environment and conditions of the holding rooms that are not conducive to rest, as well as the times of removal from the penal institution, transfer, waiting and return to the penal institution,
Ensuring sufficient time and frequency of rest, meals and basic needs breaks during hearings,
Protecting the defendants' ability to meet with their lawyers and prepare their defense,
Taking necessary precautions for defendants who have health problems, are of advanced age, or may be particularly affected by long-term trial conditions,
Articles 13, 15, 17 and 36 of the Constitution; It was requested that the hearing order be re-evaluated and necessary measures be taken in line with the rights and principles guaranteed by Articles 3, 6 and 15 of the ECHR and Article 148 of the Criminal Procedure Code.
In response to our requests and observations, the court's continued will to end the hearings at an earlier hour, even if it is not sufficient, is of vital importance in terms of the requirements of the right to a fair trial. "Istanbul Bar Association will continue the necessary initiatives to remove the obstacles to the right to defense and will follow the process with determination."
