“De facto detention”: Ankara's new weapon to silence critics and opponents
The wave of arrests also affected a TV presenter and a rapper because they allegedly ‘offended Islam’ in a TV programme. The authorities are increasingly using subtle intimidation tactics, such as police escorts for people who are simply under investigation. Yesterday, Ozgur Celik was re-elected as provincial leader of the CHP in Istanbul after being removed by the courts.
Istanbul (AsiaNews) - The Turkish judiciary - with the government's approval - is increasingly resorting to “de facto detention” against critics, opponents and ordinary citizens, even in the absence of any judicial measures. People are picked up by the police and ‘escorted’ as detainees or convicts, even in the absence of any restrictive measures or convictions.
Meanwhile, the wave of arrests continues, affecting not only politicians and administrators of the main opposition party CHP, but also artists and entertainers: in recent days, YouTuber Bogac Soydemir, host of the programme “Soguk Savas”, and his guest Enes Akgunduz, a rapper, have been imprisoned for a satirical joke referring to a hadith (the teachings of the Prophet Muhammad) that allegedly offended Islam.
Lawyer Hüseyin Ersöz stated that the detention procedure is clearly defined by law and that practices outside these limits constitute a violation of the right to liberty and security. A recent example involved singer Mabel Matiz, who appeared in court in recent days to make a statement as part of an ongoing investigation. As he walked through the corridors accompanied by cyber police officers, the scene gave the impression that he was under arrest. However, the prosecutor's office later clarified that no detention order had been issued.
The practice of escorting suspects without an arrest warrant, either by staging scenes reminiscent of “detention” or by accompanying them to court with police officers, has become increasingly common in recent years and is part of a strategy of fear and intimidation. Legal experts say that detention procedures are explicitly defined by the code and that any measures outside these constitute a violation of liberty and security.
Arguing that Matiz's case did not meet these conditions and instead constituted a violation of fundamental rights, lawyer Hüseyin Ersöz said: "It appears that the prosecutor's office summoned him through the normal procedure, in accordance with the law.
But as soon as he entered the courtroom,‘ he continued, ’he was met by police officers wearing Cyber Unit vests, who accompanied him until the end of his testimony. This has no legal basis.‘ And although the prosecutor's office denied any detention measures, the manner of treatment still constitutes ’a restriction of freedom that is neither defined nor provided for by the legislature."
Another worrying point in the Matiz case was the imposition of a travel ban even before his statement was taken. Ersöz pointed out that such bans are a judicial control measure equivalent to pre-trial detention and that similar restrictions also occurred in the so-called “retired admirals investigation”. The lawyer explains that of the 102 people questioned, only about ten were subject to detention orders.
‘The others were invited to the Anti-Terrorism Department, but even though there was no arrest warrant, they were escorted to court and subjected to judicial control measures without being heard by a judge.’ ‘This shows how, in recent years, powers that are not well defined by law,’ the lawyer concludes, ‘are being used in ways that violate the right to freedom.’
Meanwhile, the series of arrests of opposition figures and administrators for corruption-related offences continues. The latest episode, which emerged in recent days, concerns several current and former officials in the capital, Ankara, who have come under the scrutiny of magistrates as part of an investigation into concerts organised by the municipality.
At least 13 people have been arrested in connection with an investigation focusing on musical events held between 2021 and 2024. According to the chief prosecutor's office, the investigation began following the discovery of misuse of public funds, with reports coming from the Home Ministry, the Court of Auditors and the tax police.
Finally, yesterday the CHP re-elected Ozgur Celik as its provincial leader in Istanbul, after a court ruling removed him from office earlier this month for alleged irregularities in his appointment.
A court had ruled that the votes of delegates at the 2023 provincial congress had been influenced by cash payments, and therefore the council members elected at the congress had to be removed. The court then appointed former vice-president Gursel Tekin as interim provincial leader, a choice strongly rejected by the party leadership. In a post on X (formerly Twitter) after the vote, Celik thanked those who re-elected him, adding that “this congress is not an end, it is a new beginning” and “we are on our way to becoming the ruling party”.
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08/04/2021 12:29
02/04/2019 09:39
